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Home My WebLink AboutAgenda Packet 09/10/2002 CITY OF ATASCADERO CITY COUNCIL AGENDA TUESDAY, SEPTEMBER 10, 2002 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4th Floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a.) Conference with labor negotiator (Govt. Code Sec. 54957.6) Agency Negotiator: City Manager Employee organizations: Mid-Management/Professional and Confidential. 3. Adjourn 4. CLOSED SESSION REPORT REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Johnson 1 ROLL CALL: Mayor Arrambide Mayor Pro Tem Scalise , Council Member Clay Council Member Johnson Council Member Luna APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Training award plaques by Fire Chief Kurt Stone 2. Employee Service Awards by City Manager Wade McKinney 3. Proclamation declaring September 11, 2001 Observance 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 and address 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.) , 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.) 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 Minutes—June 25, 2002 City Clerk recommendation: City Council approve the City Council minutes of June 25, 2002. [City Clerk] 2. City Council Minutes -July 9, 2002 City Clerk recommendation: City Council approve the City Council minutes of July 9, 2002. [City Clerk] 2 3. City Council Minutes —August 13, 2002 i City Clerk recommendation: City Council approve the City Council minutes of August 13, 2002. [City Clerk] 4. June Disbursements —June 2002 Accounts Payable & Payroll ■ Fiscal impact: $1,380,554.06 ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for June 2002. [Administrative Services] 5. July Disbursements —July 2002 Accounts Payable & Payroll ■ Fiscal impact: $1,007,013.38 ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for July 2002. [Administrative Services] 6. Adoption of Annual DBE Goals ■ Fiscal impact: Staff time to monitor DBE program ■ Staff recommendation: Council adopt annual Disadvantaged Business Enterprise (DBE) participation goal. [Public Works] 7. Fina[ Parcel Map 2002-0039 (Tract Map 2446) FTTM 2001-00101 — 7250 Santa Ysabel Ave. (Gearhart) ■ Fiscal impact: None. ■ Staff recommendation: City Council 1. Accept Final Tract Map 2002-0039 (Tract Map 2446) 2. Reject offer of dedication for Public Utilities Easements • 3. Accept 25-foot offer of dedication for streets on Santa Ysabel 4. Authorize City Manager to execute Subdivision Improvement Agreement [Public Works] 8. Final Parcel Map - 2002-0043 (Parcel Map ATAL 98-0207) — [LLA 2001-0030] 9290-9330 Vista Bonita (Frederick) ■ Fiscal impact: None. ■ Staff recommendation: Council accept Final Parcel Map 2002-0043 (Parcel Map ATAL 98- 0207). [Public Works] 9. 2002/2003 Local Law Enforcement Block Grants Program ■ Fiscal impact: None. (The City's required 10% match of funds will be met through the ongoing purchase of specialized police equipment.) ■ Staff recommendation: Council authorize 2002/2003 Local Law Enforcement Block Grant funds be allocated for the purchase of specialized police equipment. [Police] B. MANAGEMENT REPORTS: 1. 2002-2003 Annual Overlay Program — Bid No. 2002-007 ■ Fiscal impact: None. ■ Staff recommendation: Council authorize the Public Works Director to direct R. Burke Corporation to omit the rehabilitation of West Mall from Lewis Ave to Capistrano Ave and replace with the rehabilitation of San Anselmo, Ardilla to Monterey Road, and Ardilla, San Anselmo to Portola. [Public Works] i 3 2. Information Bulletin a. City Council Strategic Planning Program . C. ATTORNEY REPORTS: 1. Discussion of,Potential Additions to Duties of Transferors of Real Property and their Agents to Disclose Information about Real Property ■ Fiscal impact: Staff has not identified a fiscal impact for these suggested changes ■ Staff recommendation: This;item is brought forward for discussion only. There is no recommendation from the City Attorney at this time. The City Council, following discussion of the accompanying information, may desire to give direction to the City Attorney on the preparation, if any, of an ordinance requiring the disclosure of certain information by transferors of real property and/or their agents. [City Attorney] D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary.): Mayor Arrambide 1. S.L.O. Council of Governments(SLOCOG)/S.LA Regional Transit Authority(SLORTA) 2. Water Committees 3. County Mayor's Round Table Mayor Pro Tem Scalise 1. Finance Committee - 2. City/Schools Committee 3. Atascadero State Hospital Advisory Board 4. Economic Vitality Corporation, Board of Directors(EVC) • Council Member Luna 1. Finance Committee 2. Integrated Waste Management Authority(IWMA) 3. North County Homeless Coalition Council Member Johnson 1. Local Agency Formation Commissions (LAFCO) 2. Water Committees Council Member Clay 1. Air Pollution Control District(APCD) 2. City/Schools Committee E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT: • 4 • 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. w I, Marcia McClure Torgerson, the City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for.the September 10, 2002 Regular Session of the Atascadero City Council was posted on September 3, 2002 at Atascadero City Hall, 6500 Palma Ave., Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 3rd day of September 2002 at Atascadero, California. G Marcia McClure Torgerson, City Clerk City of Atascadero i 5 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the Council Chamber of City Hall. 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(Room 311) available for public inspection during City Hall business hours. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805)461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonablearrangements 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. TheMayorwill 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 • 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. The Mayor will announce when the public comment period is closed, and thereafter,no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM' the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address(not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum(unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA • All business 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. "'PROCLAMATION" SEPTEMBER 11, 2001 OBSERVANCE WHEREAS, on September 11, 2001, in an unprovoked and senseless act of terrorism, four civilian aircraft were hijacked, and crashed in New York City, Pennsylvania, and Washington, D.Q and WHEREAS, countless innocent Americans and citizens of foreign nations were killed and injured as a result of these horrific acts;and WHEREAS, response to this tragedy showcased numerous acts of heroism, bravery and selflessness; and WHEREAS, the threat of terrorism, destruction and senseless violence must be banished for any free society to exist, and WHEREAS, the City of Atascadero shares in the grief and will commemorate the one-year anniversary of the September 11 tragedies. • NOW THEREFORE, BE IT PROCLAIMED, by the City Council of the Cit of Atascadero, in observance of the lives lost, that we extend the deepest condolences of our community to the innocent victims of these attacks and to their families and their friends; and BE IT FURTHER PROCLAIMED, that we salute the heroism of public safety personnel, rescue workers, volunteers, and uncounted others who responded to these tragic events with courage, compassion, determination and will, and BE IT FURTHER PROCLAIMED, that we shall always remember September 11, 2001, as day to remember, reflect, give thanks for our blessings and dedicate ourselves to commemorate and honor the lives lost on September 11, 2001 by reaffirming our commitment to compassion, community involvement and service, sacrifice and volunteerism. WITNESS THE OFFICIAL SEAL OF THE CITY OFATASCADERO: Michael.Arrambide, Mayor City of Atascadero, California September 10, 2002 001 ITEM NUMBER: A-1 DATE: 09/10/2002 �WAM! CITY OF ATASCADERO --- ora" L � a CITY COUNCIL DRAFT MINUTES TUESDAY, June 25, 2002 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: This item was continued. • 1. PUBLIC COMMENT- CLOSED SESSION 2. Call to Order a.) Conference with labor negotiator (Govt. Code Sec. 54957.6) Agency Negotiator: City Manager Employee organizations: Mid-Management/Professional and Confidential 3. Adjourn 4. CLOSED SESSION REPORT REGULAR SESSION, 7:00 P.M.: Mayor Arrambide called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. CC 06/25/02 Page 1 002 ITEM NUMBER: A-1 DATE: 09/10/2002 ROLL CALL: Present: Council Members Luna Clay, Johnson Scalise and Mayor • Arrambide Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Deputy Executive Director John Jansons, Community Development Director Warren Frace, Public Works Director Steve Kahn, Technology Director Andrew Fruin, Assistant Planner Glenn Rider, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Mayor Pro Tem Scalise to approve the agenda. Motion passed 5:0 by a roll-call vote. COMMUNITY FORUM: Richard Hill, 8400 San Gabriel Road, stated the City has used nuisance abatement • regulations as an excuse to harass his mother regarding the condition of her property and the number of cats she keeps. He is concerned about the effect this is having on his mother's health. Mr. Hill stated for the record that he has no intention of starting any violence, but he does not intend to back down from fighting the City on this issue. Maxine Hill, 8400 San Gabriel Road, stated the stress of the City pressuring her to clean up her property is affecting her health. She asked to be left alone, as she is not bothering anyone. Pearl Munak, Homeless Housing Project, announced they have temporarily suspended the motel voucher program due to a lack of funding. She stated that any help from any source would be appreciated. Karen Kusworth, owner of a business on Traffic Way, stated that Weyrich Construction is a bad neighbor to the local small business community. She is concerned that parking and traffic congestion issues were not properly addressed before construction started on the Carlton project. She requested that these issues be calendared for discussion in a public forum as soon as possible. Mayor Arrambide closed the Community Forum period. COUNCIL ANNOUNCEMENTS AND REPORTS: None • CC 06/25/02 Page 2 0 0 ITEM NUMBER: A-1 DATE: 09/10/2002 • A. CONSENT CALENDAR: 1. City Council Minutes —June 11, 2002 • City Clerk recommendation: City Council approve the City Council minutes of June 11, 2002. [City Clerk] 2. May Disbursements — May 2002 Accounts Payable & Payroll ■ Fiscal impact: $1,142,958.97 ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for May 2002. [Administrative Services] MOTION: By Council Member Luna and seconded by Mayor Pro Tem Scalise to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. B. PUBLIC HEARINGS: 1. General Plan Update Adoption Hearing - General Plan 2025 / Final EIR GPA 2000-0001 /ZCH 2002-0026 • Planning Commission recommendations: City Council: 1. Adopt draft Resolution "A" certifying the Final Environmental Impact Report SCH #2001121027 subject to findings, a Statement of Overriding Considerations and a • Mitigation Monitoring Program; and 2. Adopt draft Resolution "B" approving General Plan Amendment 2000-0001 to adopt a new General Plan Policy document and diagrams for the Land Use, Open Space, Conservation, Circulation, Safety, Noise and Housing Elements; and 3. Introduce for first reading by title only the draft Ordinance "A" approving Zoning Map amendment 2002-0026 to amend the zoning map consistent with the General Plan. [Community Development] Community Development Director Warren Frace gave the staff report and introduced Environmental Consultant Paul Crawford of Crawford, Multari and Clark. Environmental Consultant Paul Crawford gave an overview of the environmental process followed in the preparation of the EIR and the public input received. Staff answered questions of the Council and clarified the issues addressed in the EIR and Draft General Plan. Council Member Luna, using a PowerPoint presentation, asked for clarification on several issues. (Exhibit A) PUBLIC COMMENT Joanne Main, Executive Director of the Chamber of Commerce, stated that everyone in . the audience with a yellow hat supports the update of the General Plan. Ms. Main told CC 06/25/02 Page 3 004 ITEM NUMBER: A-1 DATE: 09/10/2002 the Council that the Chamber Board also supports the proposed General Plan. (Exhibit B) • Dean Coker, Land Planner, expressed his support for the General Plan update in a prepared statement read into the record by Joanne Main. (Exhibit C) Leslie Halls, San Luis Obispo County Builders Exchange, urged the Council to adopt the proposed General Plan in a prepared statement read into the record by Joanne Main. (Exhibit S) Hat Carden, 5355 San Jacinto, thanked the Council for the enormous amount of time they have spent reviewing the General Plan documents. Mr. Carden felt the General Plan as presented is a document the Council and the public at large can support. Janet Fitzpatrick, 2580 1 Street, Santa Margarita, Atascadero business owner and President of the Atascadero Chamber of Commerce, stated she is speaking on behalf of the Chamber Board when she states her support for the adoption of the proposed General Plan. Rosemarie Handy, Atascadero, reading from a prepared statement, indicated that in her opinion the majority of Atascadero residents are in favor of protecting the rural atmosphere of Atascadero and preventing sprawl. (Exhibit E) Sid Bowen, 5550 Cascabel, said he is opposed to the elimination of guest housing in • Atascadero. He explained that he supports the proposed General Plan but would like to see guest housing included in the Plan. Bob Acknefesian, staff attorney for the Environmental Defense Center of San Luis Obispo representing ECOSLO, stated he was disturbed by an apparent lack of discernable objectives and goals for this project, and he feels it is impossible to do an adequate alternative analysis without them. Mr. Acknefesian also expressed his concern regarding the inadequacy of the water supply given projected future growth. Jessica Colmeyer, 8670 Santa Rosa Road, Environmental Intern at the Environmental Defense Center of San Luis Obispo, stated the EIR does not adequately address the impacts on small animal and plant species and the quality and quantity of wildlife habitat and vegetation. She said she does not support the General Plan. Gordon Hensley, Environmental Analyst for the Environmental Defense Center in San Luis Obispo representing ECOSLO, shared examples of deficiencies in the Statement of Overriding Considerations in a handout for the Council. (Exhibit F) Eric Greening, 7365 Valle, stated that he urges the Council to continue the draft Ordinance before them tonight. He feels the City is not in a position at this time to defend any document because of the precedent just set by the Planning Commission in • CC 06/25/02 Page 4 &05 ITEM NUMBER: A-1 DATE: 09/10/2002 • relation to the 3F Meadows project whereby mitigations were significantly altered after the fact. Pamela Martinez shared her concerns regarding the quality of life in Atascadero. She requested Council look at the guesthouse issue again as she feels they are a way to keep families together. John Heatherington, speaking for the Atascadero Homeowners Association, addressed their concerns with the update of the General Plan in a prepared statement. (Exhibit G) Julie Bennett, 3725 Monterey Road, stated she would like to see the Council include guesthouses in the updated General Plan. She submitted for the record, letters from citizens supporting the inclusion of guesthouses in the General Plan. (Exhibit H) David Crouch, Atascadero resident, expressed his concerns with the proposed General Plan in a prepared statement. (Exhibit 1) Mayor Arrambide recessed the hearing at 9:05 p.m. Mayor Arrambide called the meeting back to order at 9:16 p.m. Betty Scanlan, Flores Road, read her questions and the Consultant's responses, which • she felt were inadequate, in a prepared statement. (Exhibit J) Rick Mathews, Atascadero, gave the Council his suggestions for additional language in the General Plan in a prepared statement. (Exhibit K) Anita Robinson, speaking on behalf of the SLO County Housing Trust Fund, read statistics on Atascadero from the 2000 Census, in an attempt to show who are the citizens of Atascadero and what are their needs. Becky Pacas, listed the reasons she is opposed to the proposed General Plan in a prepared statement. (Exhibit L) Russ Thompson, 7400 Morro Road, spoke in support of the General Plan as proposed and felt it a step in the right direction to move Atascadero forward. Doug Davidson, Planner for Cannon Associates, 364 Pacific Street, stated his support for the proposed General Plan. He explained that before his employment with Cannon, he was a planner for the City of Atascadero from 1984 to 1997. Mr. Davidson stated he was the primary author for the 1985 and 1992 Housing Element for Atascadero. He spoke of the difficulties involved in finding a balance between providing housing opportunities for all incomes versus the preservation of the rural atmosphere. Ellen Beraud, 9608 Laurel Road, spoke in opposition to the General Plan and stated her • belief that the concerns of many citizens were not adequately addressed. (Exhibit M) CC 06/25/02 ;W-6 Page 5 ITEM NUMBER: A-1 DATE: 09/10/2002 Steve Goode, 8830 San Gabriel, stated he is against the proposed General Plan and • suggested this decision should be placed on the ballot in November. Bill McFarland spoke in support of eliminating the building of guesthouses in Atascadero. Jody Smith, Atascadero, asked the Council to remember that there is a homeless population in Atascadero and complimented the Council for providing for low-income housing and multi-family units in the proposed General Plan. She urged the Council to dedicate themselves to insuring that this housing will actually be constructed and that rents will be assisted to keep them affordable. Victoria Rench, said she moved to Atascadero from England because she enjoys the rural character and she planned on building a guest cottage for her family to stay in when they visit. She urged the Council to include guesthouses in the General Plan. Scott Griffin, 5310 Carrizo, thanked Council and staff for their responsiveness to his concerns regarding his property and was appreciative of the many General Plan meetings where he was able to voice his opinion and hear a response. Doug Lewis, citizen at large, advocated a persistent and conscientious effort to restore the Post Office to a downtown location. (Exhibit N) Tom O'Malley, 6650 Portola, stated that he was willing to lose some rural atmosphere if • g p it meant providing homes for some of his neighbors. Mr. O'Malley expressed his support for smart growth principles and their inclusion in the General Plan. Additionally, he spoke in support of Policy 4.1 that specifically addressed cooperation with the Atascadero Main Street Association and felt this would be helpful in working toward ensuring a viable downtown. Mary Hickey, Santa Rosa Road, spoke about her concern for the environment and for an effective evacuation plan given the projected population increase. She felt the General Plan update was unnecessary and should not have been pursued due to several conflicts of interest. Lee Perkins & Tom Comar, 5525 Cascabel, expressed their concerns with the proposed General Plan in a prepared statement read by Daphne Fahsing. (Exhibit O) Daphne Fahsing, asked how a more crowded population could support a higher standard of living and increased services as housing does not pay for those services. She also expressed concern regarding the effect of increased population on air quality. Barbie Butz, 3370 San Fernando Road, thanked the Council for their efforts, for the workshops, and for listening to what everyone had to say regarding the update of the General Plan. Ms. Butz also commended the Planning Commission and staff for their • CC 06/25/02 Page 007 ITEM NUMBER: A-1 DATE: 09/10/2002 • hard work during this process. She reminded those present that expressed negative feelings for contractors and developers, that they Live in homes in many areas that were at one time developed and constructed by these people and who provide jobs for other related businesses in the community. Jim Patterson, 9312 North Santa Margarita Road, stated that Atascadero must find a balance between economic development and housing. Lon Allan, President of the Atascadero Historical Society, spoke as a representative of their Board of Directors. The Society has been concerned about protection of historic homes and buildings and creek setbacks. They appreciate the historic preservation policies in the new General Plan and are ready to assist in making them workable. The Board feels strongly that no commercial building should be built within 10 feet of the creek and they do not feel the Planning Commission should have the ability to make any exceptions to setback standards. Marge Mackey said that she is opposed to the update of the General Plan, as it doesn't reflect the wishes of the majority of the residents of Atascadero. She would like to see the General Plan placed on the November ballot. Steve LaSalle said he agrees with Ms. Mackey and urged the Council to keep the existing General Plan. • Robert Nimmo congratulated the Council and staff on the time they have spent on the process of updating the General Plan. He feels this has been a most thorough attempt to bring the planning for Atascadero up-to-date. Mayor Arrambide closed the Public Comment period. Council Member Johnson spoke in favor of smart growth and compared its principles to the goals set forth in the General Plan concluding that Atascadero has been utilizing the concepts for many years and has been successful in their application. Council Member Johnson questioned the definition of"rural character" as used by some during the public comment period. He stated that this General Plan only impacts a small part of the City with the average lot size remaining at just a little under one acre per lot with many west side properties outside of the open area having ten acres and over. Council Member Johnson stated that there is a price to pay for a rural atmosphere in the subsequent lack of affordable housing/starter homes, which can lead to closure of schools due to lack of enrollment, lack of good medical care because housing prices discourage doctors, nurses, etc. from practicing in the area as well as many other occupations effected by high housing prices. Council Member Luna stated that he has been a strong proponent of affordable housing from the beginning, and he feels affordable housing includes apartments and other multi-family housing in addition to single-family homes, something the General Plan has failed to provide in the last ten years. The updated General Plan provides a good Cc 06/25/02 8. Page 7 �0 ITEM NUMBER: A-1 DATE: 09/10/2002 opportunity for more affordable housing; however, if the same attitude prevails as was • taken over the last 10 years of building lots of single-family residential housing, then there will be no affordable housing. Therefore, he feels it is an absolute necessity for the Council to make provisions for tracking affordable housing. Council Member Luna feels the highest priority at this time should be to update the zoning ordinance to make it consistent with this General Plan. Council Member Clay referred to Policy 2.2 and is supportive of allowing a petition for a possible split in the situation where there are two non-conforming lots surrounded by a number of smaller lots. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Scalise to adopt the alternate verbiage listed below for Policy 2.2, Programs 1.: Within the Urban Services Line allow for planned developments to approve lot sizes below district minimums in the SE, SFR-Z and SRF-Y land use areas only, when no more than two (2) existing lots are surrounded on all sides within the same land use designation by non-conforming lots. Minimum lot sizes shall not exceed maximum General Plan densities of the next lowest single-family land use designation. Motion passed 4:1 by a roll-call vote. (Luna opposed) • Council Member Clay referred to Policy 6.4 and expressed his concern that historical zoning overlay might not be appropriate as Colony houses are scattered throughout the City. He felt an ordinance for preservation of historic houses might be more appropriate than a zone. Community Development Director Warren Frace explained that currently there is a historical protection overlay zone within the zoning ordinance that has never been mapped onto any sites, and it allows for identification of individual lots on a case- by-case basis, so it is not necessary to blanket rezone an entire area. The General Plan calls for a process that would identify which houses or structures should be subject to this protection. Council Member Luna referred to page II-33 No. 10 and the issue of selective brush clearing and low impact trails and stated that his concern was for the large amount of non-native plants in the creek and how this was the cause of many problems. He would like the wording "and non-native plants and trees" added to No. 10. MOTION: By Council Member Clay and seconded by Council Member Johnson that the wording "non-native plants and trees" be added to No. 10. Council Member Johnson questioned whether the whole issue of brush was covered by the General Plan, or would this added language give coverage they would not otherwise CC 06/25/02 Page 8 ITEM NUMBER: A-1 DATE: 09/10/2002 have. City Attorney Hanley stated that it would be preferable to revisit this issue • sometime in the future to avoid revisiting the issue with the Planning Commission and failing to approve the EIR at this time. The Motion and second were withdrawn. Council Member Clay indicated that he would like to see a provision whereby affordable housing in Atascadero would be provided for residents from this community. Council Member Luna stated that in addition to affordable housing, people need jobs and he feels one of the failures of this General Plan is that it does not provide for new jobs, but rather there is a reduction of 42 acres of commercial zoning and an increase of .1 acres of industrial. He would like a fiscal analysis that would indicate how the City is to pay for the anticipated new growth. MOTION: By Council Member Luna and seconded by Council Member Johnson to include that the highest priority is to bring the zoning ordinance into compliance with the General Plan by 2003. Motion passed 5:0 by a roll-call vote MOTION: By Council Member Luna and seconded by Council Member 40 Johnson to continue the meeting past 11:00 p.m. Motion passed 5:0 by a voice vote. MOTION: By Council Member Luna and seconded by Council Member Clay to have an annual update provided to the City Council on their agenda, on the housing numbers and in particular tracking affordable housing in the General Plan. Motion passed 5:0 by a roll-call vote. Mayor Arrambide spoke about the General Plan Goal (page V-31), which attempts to insure that an adequate amount of rental housing exists. Mayor Arrambide is concerned that the solutions proposed do not guarantee that there will be affordable housing. He proposed a two-fold solution to guesthouses: 1) Second units will not be built in single-family areas, and 2) that guesthouses be allowed but that time should be permitted for staff to come up with an enforceable plan. He suggested that Council drop Policy 3.2, and not do away with the guesthouse ordinance, but rather have a moratorium on construction until a plan of enforcement could be presented. Mayor Pro Tem Scalise stated that she had always felt the demand for guesthouses did not exist based on the average number of applications each year, however she feels that based on comments received tonight, perhaps there is a need. • CC 06/25/02 Page 9 010 ITEM NUMBER: A-1 DATE: 09/10/2002 Council Member Johnson stated that the problem with the guesthouse issue is that there are many already rented in the community, but they can't be counted toward the • state-mandated numbers for affordable housing. He does not feel staff should be placed in a position to enforce something that is really not enforceable and if second units are to be considered, the program must be implemented slowly to see if they make sense and then they can be counted and controlled. City Attorney Hanley addressed the guesthouse/second unit issue and answered questions of Council MOTION: By Mayor Arrambide to drop Policy 3.2. Motion failed by the lack of a second. MOTION: B Council Member Johnson and seconded Y by Council Member Clay to replace the densities on page V-12 above 12 units/acre, with the language "The zoning ordinance currently requires a Conditional Use Permit for multi-family developments consisting of 12 or more units." Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Luna that there be a fiscal analysis done before passing the General Plan. Motion failed by the lack of a second. • MOTION: By Council Member Johnson and seconded by Council Member Clay to adopt draft Resolution "A" certifying the Final Environmental Impact Report SCH #2001121027 subject to findings, a Statement of Overriding Considerations and a Mitigation Monitoring Program. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Resolution No. 2002-030) MOTION: By Council Member Johnson and seconded by Mayor Pro Tem Scalise to adopt draft Resolution "B" approving General Plan Amendment 2000-0001 to adopt a new General Plan Policy document and diagrams for the Land Use, Open Space, Conservation, Circulation, Safety, Noise and Housing Elements as amended. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Resolution No. 2002-031) • CC 06/25/02 1 $ Page 10 tij j ITEM NUMBER: A-1 DATE: 09/10/2002 MOTION: By Council Member Johnson and seconded by Council • Member Clay to introduce for first reading by title only the draft Ordinance approving Zoning Map amendment 2002-0026 to amend the zoning map consistent with the General Plan. Motion passed 4:1 by a roll-call vote. (Luna Opposed) There was Council consensus to direct staff to review issue of guesthouses vs. second units and bring a report back to Council. C. COMMITTEE REPORTS: Mayor Arrambide 1. County Mayor's Round Table: A symposium on affordable housing is planned for September 12, at Embassy Suites. Council Member Clay 1. City/Schools Committee: The school has lost 700 students in the last seven years. Council Member Clay thanked all Council Members for their work on the General Plan process. • D. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Johnson complimented staff on a great job and a lot of hard work on the General Plan update. City Clerk The City Clerk asked for direction from the Council regarding the CTAC appointment, as it has been advertised and only two applications have been received. Council directed the City Clerk to advertise further for the position. E. ADJOURNMENT: Mayor Arrambide adjourned the meeting at 11:35 p.m. to the next regularly scheduled meeting on July 9, 2002. • CC 06/25/02 } Page 11 C'1 2 ITEM NUMBER: A-1 DATE: 09/10/2002 MEETING RECORDED AND MINUTES PREPARED BY: • Marcia McClure Torgerson, City Clerk The following exhibits are available for review in the City Clerk's office: Exhibit A - Presentation by Council Member Luna Exhibit B — Joanne Main, Chamber of Commerce Exhibit C — Dean Coker Exhibit D — Leslie Halls, SLO Builders Exchange Exhibit E - Rosemarie Handy, Atascadero Exhibit F — Gordon Hensley, Environmental Defense Center, San Luis Obispo Exhibit G —John Heatherington, Atascadero Homeowners Association Exhibit H — Julie Bennett, 3725 Monterey Road Exhibit I — David Crouch, Atascadero Exhibit J — Betty Scanlan, Flores Road Exhibit K— Rick Mathews, Atascadero Exhibit L — Becky Pacas Exhibit M — Ellen Beraud, 9608 Laurel Road Exhibit N - Douglas Lewis, Atascadero • Exhibit O - Lee Perkins & Tom Comar, Atascadero • CC 06/25/02 Page 12 , ITEM NUMBER: A-2 DATE: 09/10/2002 ONE °4CITY OF ATASCADERO 1918 CITY COUNCIL DRAFT MINUTES TUESDAY, July 9, 2002 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. • REGULAR SESSION, 7:00 P.M.: Mayor Arrambide called the meeting to order at 7:16 p.m. and Mayor Pro Tem Scalise led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide Absent: None Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David Graham Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Police Chief Dennis Hegwood, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Steve Kahn, Deputy Community Services Director Geoff English, Technical Assistant Melanie Whaley, and City Attorney Roy Hanley. CC 07/09/02 r, Page 1 014 APPROVAL OF AGENDA: MOTION: By Council Member Johnson and seconded by Mayor Pro Tem • Scalise to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation declaring July as Parks & Recreation Month Mayor Arrambide presented the proclamation to Parks & Recreation Chairman Paul Hood. Mr. Hood thanked the Council for their support, especially concerning the Youth Center. 2. Recognition for Achievement of the AB939 Recycling Goal - Bill Worrell, Manager of Integrated Waste Management Authority Mr. Worrell presented a plaque to the Council recognizing their achievement of a 52% diversion rate exceeding the State goal of 50%. COMMUNITY FORUM: Bob Wilkins, President of Atascadero Main Street, speaking for the Board of Directors, • requested Council to temporarily postpone the return of ownership of the Printery to the Masons to allow Main Street the opportunity to review proposed uses for the historic building. Rick Mathews, Parks & Recreation Commissioner and former member of the Skateboard Park Committee, urged the Council to remember the disposition of the Skate Park when considering the issue of the Printery. Mayor Arrambide closed the Community Forum period. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Clay suggested that it is time for Atascadero to have an annual July 4th celebration. Mayor Pro Tem Scalise stated she appreciated the City Council Members and City staff that represented Atascadero at the Assembly of God's celebration at the Junior High School honoring the military, local policemen and firemen. • CC 07/09/02 Page 2 . A. CONSENT CALENDAR: 1. City Council Minutes —June 25, 2002 • City Clerk recommendation: City Council approve the City Council minutes of June 25, 2002. [City Clerk] 2. Treasurer's Report—April 2002 ■ Fiscal impact: None • Staff recommendation: City Council approve the City Treasurer's report for April 2002. [City Treasurer] 3. Request to Plant a Memorial Tree at Atascadero Lake Park • Fiscal impact: None ■ Staff recommendation: City Council approve the request of the family of Robert V. Gomes to plant a Memorial Tree at Atascadero Lake Park. [Community Services] 4. Police Vehicle Purchase • Fiscal impact: $45,792.00 (in FY 2001-03 Budget) ■ Staff recommendation: City Council authorize the purchase of two replacement police vehicles from Wondries Fleet Group. [Police Department] 5. Vacuum Loading Machine —Award of Contract for Purchase ■ Fiscal impact: $53,981.37 (in FY 2001-03 Budget) ■ Staff recommendation: City Council authorize the Wastewater Division to purchase a Vacuum Loading Machine from All American Sewer Tools. [Public Works] • 6. Azucena Drainage Improvements Project ■ Fiscal impact: $169,496.21 (in FY 2001-03 Budget) ■ Staff recommendation: City Council 1. Accept the work of Arthurs Contracting, Inc. as complete. 2. Authorize the City Manager to sign and file the Notice of Completion. [Public Works] 7. EI Camino Real Traffic Siqnal Synchronization Proiect — Change Order — Bid No. 2002-004 ■ Fiscal impact: $40,590.00 (in FY 2001-03 Budget) • Staff recommendation: City Council approve Change Order No. 1 for $40,950.00 with Lee Wilson Electric Company for the installation of Traffic Signal Preemption Units at six intersections on Highway 41. [Public Works] 8. General Plan Consistency Zoning Map Amendment — Zone Change 2002- 0026 • Fiscal impact: None ■ Staff recommendation: City Council introduce for second reading by title only, and adopt the draft Ordinance, enacting Zone Change 2002-0026 amending various zoning districts throughout the City consistent with the updated General Plan. [Community Development] Council Member Luna requested Consent Calendar Item #A-8 be pulled. Ursula Luna, member of the public, requested that Consent Calendar Item #A-1 be pulled. • CC 07/09/02 U-16 Page 3 Item #A-1: Ursula Luna stated that at the June 25th City Council meeting she handed in a statement that was not read into the record and was not attached to the Minutes. She • was told that statements are included in the minutes if read into the record by the speaker or if another speaker reads it into the record, however, if an individual simply submits the statement it is not included. Ms. Luna was surprised by this practice and feels that all written statements submitted to the Clerk should be included in the record and if not, it should be made very clear to the public that these statements will not be included. Council Member Johnson suggested continuing the minutes and let staff sort this issue out and bring it back to the Council's next meeting. City Attorney Roy Hanley stated that the minutes are not the record, even for the purposes of people who would want to file an action later. The record is everything that is submitted. Mayor Arrambide stated that Ms. Luna raises a good point; the public needs to understand the practice as to what is included with the minutes. Council Member Luna said that in his opinion it is appropriate to include these things when comments come in from the public. He explained that he feels it is important to have the people's comments as well as the Council's in the record. MOTION: By Council Member Luna and seconded by Council Member • Johnson to continue Consent Calendar Item #A-1 to the next meeting. Motion passed 3:2 by a roll-call vote. (Clay& Scalise opposed) MOTION: By Council Member Luna and seconded by Council Member Johnson to approve Consent Calendar Items #A-2 through A-7. Motion passed 5:0 by a roll-call vote. Item #A-8: Council Member Luna stated that he intended to vote against this item as it has nothing to do with smart growth and there is a lack of fiscal analysis regarding the growth that will take place under the plan. MOTION: By Council Member Johnson and seconded by Council Member Clay to approve Consent Calendar Item #A-8. Motion passed 4:1 by a roll-call vote. (Luna opposed) • CC 07/09/02 G 1 f Page 4 B. PUBLIC HEARINGS: 1. 3-F Meadows / Planned Development 11 Appeal of Planning Commission Decision, Phase I Road Improvement Construction Permit — BLD 2001-1056 (Shetler Construction) ■ Fiscal impact: None ■ Staff recommendation: Council adopt draft Resolution thereby upholding the Planning Commission's June 4, 2002 determination that the Phase I Road Improvement Construction Permit is consistent with the 3-F Meadows project EIR and Planned Development 11. [Community Development] City Attorney Roy Hanley gave a staff report and introduced Community Development Director Warren Frace. Mr. Frace gave a staff report. Both Mr. Hanley and Mr. Frace answered questions of Council. Joan O'Keefe, 9985 Old Morro Road East, Applicant, gave the Council a brief history of this parcel and expressed her concerns and reasons for her appeal in a prepared statement (Exhibit A). She also read into the record a letter from her attorney Charles S. Crandall, identifying specific sections of the EIR that are being ignored (Exhibit B). Dean Coker, Land Planner for Castlerock Development and Shetler Construction, clarified the issue of retaining walls; he stated Castlerock purchased the original approved plans, (prepared immediately after the completion of the EIR) which included . only one retaining wall, which is still in the plan to this day. The EIR and its Appendix B was a recommendation of mitigations and ways to implement improvements to the plan. Those mitigations were implemented as well as other changes such as realignment of the road. In those cases, the vertical and horizontal changes in alignment precluded the necessity of retaining walls. Mr. Coker stated that Castlerock submitted this original plan and then City Staff asked for changes in the alignment and size of the cul de sacs and at that time Castlerock agreed to those changes, which then necessitated the use of large retaining walls. Now, they are asking for the elimination of these very large retaining walls as requested by City Staff as they do not believe they conform to the Atascadero General Plan, which calls for a more rural aspect for the western section of the City. Dennis Law, attorney for Castlerock, disputed the assertion that if a change is made to a project an environmental review is required. It is his contention that the law does not require an environmental review if there has been a change in a project where there has been a prior certified EIR, as is the case here. Mr. Law cited several appellate court decisions to support his position. MayorArrambide recessed the hearing at 9:25 p.m. Mayor Arrambide cal/ed the meeting back to order at 9:37 p.m. • CC 07/09/021 L Page 5 PUBLIC COMMENT • David Foote, FIRMA 849 Monterey Street, San Luis Obispo, author of the original certified EIR, explained the EIR process and stated that he concurs with staff's conclusions. David Bentz, 10275 San Marcos Road, spoke as a private citizen. He stated there is adequate evidence that there will be no significant negative impacts to this site, but rather the impact will be more aesthetically pleasing than what the original plan called for. Chuck Holdridge, Board Director of the Chamber of Commerce, expressed their support for the Planning Commission decision of June 4, 2002 in a prepared statement read by Barbie Butz. (Exhibit C) Ellen Bereau, 9608 Laurel Road, listed her concerns with the changes that are being proposed on this site. Joan O'Keefe stated that the changes to the project are of such a nature that they require judgment and deliberation and are therefore discretionary; for this reason it needs to be brought again before the public. Mrs. O'Keefe indicated that though she has done extensive research on this project, she is unable to find justification for the conclusions reached. She would like to see more information before a decision is made that this proposal will have fewer impacts. . Dean Coker felt that a vast amount of information and great detail has been provided on this project and, in the field through the use of third party monitors and professional arborists, there will be another opportunity to insure that this project is done right. Mayor Arrambide closed the Public Comment period. There was Council discussion and clarification by staff on several issues. Council Member Luna stated he does not support staff's recommendation however, he urged Council to require the owner of the property to sign an indemnification agreement, as recommended by the City Attorney, if the Council approves the draft Resolution. MOTION: By Council Member Johnson and seconded by Mayor Pro Tem Scalise to adopt draft Resolution thereby upholding the Planning Commission's June 4, 2002 determination that the Phase 1 Road improvement Construction Permit is consistent with the 3-F Meadows project EIR and Planned Development 11. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Resolution No. 2002-032) • CC 07/09/02 G19 Page 6 • C. MANAGEMENT REPORTS: 1. Fuel-Powered Remote-Controlled Model Boats on Atascadero Lake — Revision to Municipal Code • Fiscal impact: $500.00 for necessary signs ■ Staff recommendation: Council introduce for first reading by title only, the draft Ordinance amending Title 10, Parks and Recreation, Section 10-1.08, Motorboats, of the Atascadero Municipal Code, relating to the operation of fuel-powered remote-controlled boats on Atascadero Lake. [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions of Council. PUBLIC COMMENT Jim Hill, 8361 Santa Rosa Road, asked for clarification on staff's recommendation and feels that what was done at Laguna Lake in San Luis Obispo would be appropriate for Atascadero Lake. Rick Mathews, Parks & Recreation Commission, shared his concerns with fuel-powered boats and the noise they make. Frank Kock, Parks & Recreation Commission, stated the Commission voted 6:0 to ban these boats all together. • Pam Heatherin t g on, Yesal Avenue, Executive Director Environmental Center, asked the Council to do baseline testing to determine if there is MTBE contamination in Atascadero Lake before a decision is made on this issue. Russ James, 9470 Marchant Way, urged the Council to ban fuel-powered boats on the lake. He feels because there is no inflow or outflow of water there is a greater potential for pollution. MOTION: By Council Member Luna and seconded by Council Member Johnson to allow the meeting to continue past 11:00 p.m. Motion passed 5:0 by a voice vote. Barbara Combs, 9005 Lake View Drive, stated she has attended events at the Pavilion where the noise of the boats has disrupted the functions. She urged the Council to ban the fuel-powered boats from the Lake. Lon Allan, 6815 Santa Lucia, owner of an electric boat requested of Council, if it is their intention to allow sail and electric boats to go anywhere on the lake, to so designate that in the ordinance. Barry Clark, 9215 Lakeview, provided Council with a demonstration of what 70 decibels • sounds like. CC 07/09/02 (� Page 7 " Alan Thomas, 1680 Encino, San Luis Obispo, commended Mr. Cherry for trying to bring • the two sides of this issue together. However, Mr. Thomas stated that he disagrees with the staff recommendation. He would like to see the City require a license to operate a fuel-powered boat on the lake. Gilda Williams, 8160 Santa Rosa Road, invited Council to sit on her deck and listen to the boats on the lake. Sandy Clark, 9215 Lakeview Drive, expressed her concern with the level of noise produced by powerboats on the lake. Mayor Arrambide closed the Public Comment period. Council Member Johnson stated he doesn't feel this issue is ready for a Council decision. He recommended this issue be returned to the Parks & Recreation Commission. Council Member Clay agreed that there needs to be more evaluation on this matter, but suggested allowing the boats on the Lake during the interim. Council Member Luna stated he agreed with Council Member Johnson and suggested in the interim that the Council prohibit motor operated boats on the Lake and issue a challenge to the City Attorney to write an ordinance that would possibly allow these • motorized boats and still preserve the tranquility of this residential area, as directed in the new General Plan. Mayor Pro Tem Scalise said she feels the lake is for recreation, but that the noise issue is a valid one. Mayor Arrambide indicated that the intrusion of sound on private property should take precedence over the recreational use of the lake. He feels everyone in the community can use the lake, but at the same time the Council should protect those who live around the lake. He suggested that this matter should not be heard until there is an effective ordinance and effective enforcement of the sound ordinance. MOTION: By Council Member Johnson to send this back to Parks and Recreation to look at working with the boat owners to see if there is a viable solution, and then come back with a recommendation to Council. Council Member Johnson withdrew his motion. • CC 07/09/02 Page Vl • MOTION: By Council Member Luna and seconded by Mayor Arrambide to declare a moratorium on fuel-powered model boats on Atascadero Lake until the staff returns with a Noise Ordinance. Motion passed 3:2 by a roll-call vote. (Clay& Scalise opposed) Mayor Arrambide recessed the hearing at 11:37 p.m. Mayor Arrambide reconvened the meeting at 11:40 p.m. 2. Solid Waste Collection Franchise Agreement — Amend to Include Automated Green Waste and Recyclable Collection • Fiscal impact: None ($4.12 increase in monthly rate to the customer) • Staff recommendation: City council approve the Amendment Number Two to the Solid Waste Collection Franchise Agreement. [Public Works] Public Works Director Steve Kahn gave the staff report and introduced Pat Higgins of Atascadero Waste Alternative. Mr. Higgins explained the proposed increased services and fees. Bill Worrell, Integrated Waste Management, reviewed the proposed changes for waste pickup and outlined the results of this type of program in other areas of the county. • PUBLIC COMMENT David Bentz, 10275 San Marcos Road, stated in his career he has negotiated over 50 solid waste contracts. He asked the Council not to amend the franchise agreement. Roberta Fonzi, 7880 Sinaloa Avenue, expressed her concerns with requiring citizens to pay for green waste service even if they don't use it. She asked the Council to study this issue further before implementing the program. Tom O'Malley, 6650 Portola, told the Council he is opposed to the increased services and increased fees. Daphne Fahsing stated she is opposed to this increase. She is a single senior who doesn't need weekly service and feels she shouldn't have to pay for it. David Graham, 7350 Santa Ysabel, told the Council he participated in the pilot program and really liked the larger containers. However, he agreed with some of the earlier speakers in that it should be possible to select the services one needs rather than being forced to accept them all. Pam Heatherington, 7790 Yesal Avenue, stated that she recycles everything, including green waste and rarely has a full trashcan. She asked that Council be judicious in only charging those who actually use the green waste service. • Mayor Arrambide closed the Public Comment period. CC 07/09/02 U 2 2 Page 9 MOTION: By Mayor Pro Tem Scalise and seconded by Council Member • Johnson to direct staff to establish a workshop, inviting all interested parties, to discuss all the issues of concern, and return to the Council with the results. MotionY assed 5:0 b a voice vote. p D. COMMITTEE REPORTS: None E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Clerk a. Designation of Voting Delegate — League of California Cities' Annual Conference • Fiscal impact: None • City Clerk recommendation: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities' Annual Conference in October 2002 and direct the City Clerk to inform the League of the designation. This item was continued to the next City Council meeting. F. ADJOURNMENT: • Mayor Arrambide adjourned the meeting as 12:25 p.m. to the next regularly scheduled meeting on August 12, 2002. CLOSED SESSION: 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a.) Conference with legal counsel - Pending litigation (Govt. Code Sec.54956.9) Diamond v City of Atascadero 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced there was no reportable action taken: • CC 07/09/02 7` Page 10 a.• • MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk The following exhibits are available for review in the City Clerk's office: Exhibit A— Joan O'Keefe, 9985 Old Morro Road East Exhibit B — Joan O'Keefe, 9985 Old Morro Road East Exhibit C — Chuck Holdridge, Atascadero Chamber of Commerce • CC 07/09/02 .s' Page 11 1�4 ITEM NUMBER: A-3 DATE: 09/10/2002 CITY OF A TASCADERO -- 19tis 1 9 CITY COUNCIL DRAFT MINUTES TUESDAY, AUGUST '13, 2002 7:00 P.M. Mayor Arrambide called the meeting to order at 6:00 p.m. ROLL CALL: Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide • Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney INTERVIEW SESSION: 6:00 P.M. 1. Citizens' Transportation Advisory Committee (CTAC) a. Interview and consider candidates b. Select, by ballot, one citizen for appointment The Council interviewed the two candidates and appointed Terrence Hobson to the Atascadero delegate position on CTAC. REDEVELOPMENT AGENCY: 6:30 P.M. • CC 08/13/02 r} Page 1 '�^ ` ITEM NUMBER: A-3 DATE: 09/10/2002 CLOSED SESSION: 1. PUBLIC COMMENT - CLOSED SESSION • 2. Call to Order a.) Conference with legal counsel - Existing litigation (Govt. Code Sec.54956.9 (a)) Environmental Center of SLO v. City of Atascadero 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced that no reportable action was taken. REGULAR SESSION, 7:00 P.M.: Mayor Arrambide called the meeting to order at 7:02 p.m. and Council Member Clay led the Pledge of Allegiance. ROLL CALL: • Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide Absent: None Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David Graham Staff Present: City Manager Wade McKinney, Deputy Executive Director John Jansons, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Steve Kahn, Deputy Community Services Director Geoff English, Technology Director Andrew Fruin, Fire Chief Kurt Stone, Police Lt. John Couch and City Attorney Roy Hanley. • CC 08/13/02 ` Page 2 ITEM NUMBER: A-3 DATE: 09/10/2002 APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Johnson to approve the agenda. Motion passed 5:0 by a roll-call vote. COMMUNITY FORUM: Lyne Bloomfield, 8200 San Gabriel Road, speaking on behalf of the PTA, read from a prepared statement requesting a traffic light at the corner of San Gabriel Road and Morro Road. (Exhibit A) Kimberly Mott, 12600 Santa Lucia, expressed her concern for the traffic problem at San Gabriel and Morro Roads and related an instance where she and her children witnessed a motor vehicle accident as they were attempting to cross Highway 41 on San Gabriel Road on the way to school. She asked Council to support, help facilitate and be proactive on the issue of a traffic light for this corner. Barbie Butz, 3370 San Fernando Road, stated she supports the previous speakers. Brian Carney, 8020 Azucena, stated that he has used the intersection of Morro Road and San Gabriel for many years while taking his grandson to school. He is pleased to see the PTA taking action on the issue, however, he feels it is not necessary to limit the solution to a traffic signal, and other possibilities such as an overpass, underpass, etc. would be just as effective in achieving a safe crossing for this intersection. There was Council consensus to have staff come back to the Council with a report on options for this intersection. Nicole Johnson, San Gabriel Road, expressed her support for a traffic signal at San Gabriel Road and Morro Road stating it would benefit the community as well as the students. Mike Clark, Principal of San Gabriel Road Elementary School, thanked the City of Atascadero for providing an excellent walking route for the school. He is concerned however that this route stops at the corner of San Gabriel and Morro Roads forcing the children to cross at a dangerous intersection. Carl Billings, 8775 Junipero, Pastor of Hope Lutheran Church, stated they are building a new church on San Gabriel Road, which will increase the traffic at this intersection. He is supportive of a signal or other traffic control at Morro Road and San Gabriel. Mayor Arrambide closed the Community Forum period. • CC 08/13/02 r7 Page 3 f ITEM NUMBER: A-3 DATE: 09/10/2002 COUNCIL ANNOUNCEMENTS AND REPORTS: • Council Member Clay stated that September 11th is coming up and he suggested the City hold some sort of ceremony to recognize the event as well as to honor the police, fire and emergency service personnel for the City of Atascadero. He encouraged staff to include the Chamber of Commerce, Main Street, VFW, clergy, etc., in the preparation of such an event. City Manager Wade McKinney indicated that the City is in the process of planning an event for September 11 th Mayor Arrambide announced the City Council had selected Terrence Hobson to represent Atascadero on the Citizens' Advisory Transportation Committee. A. CONSENT CALENDAR: 1. Conflict of Interest Code - Biennial Review • Fiscal impact: None ■ City Clerk recommendation: City Council adopt the Draft Resolution, updating and amending the Conflict of Interest Code for the City of Atascadero. [City Clerk] 2. City Treasurer's Report— May 2002 ■ Fiscal impact: None ■ City Treasurer recommendation: City Council approve the City Treasurer's report for May 2002. [City Treasurer] 3. 2002-2003 Annual Spending Limit • • Fiscal impact: None ■ Staff recommendation: City Council adopt the Draft Resolution establishing the annual spending limit for fiscal year 2002-2003. [Administrative Services] 4. Teen After-School Program - Agreement with San Luis Obispo County ■ Fiscal impact: $40,000.00 Revenue for FY 2002/2003 ■ Staff recommendation: City Council authorize the Mayor to execute an agreement with the County of San Luis Obispo Department of Social Services to fund the Recreation, Education and Community (R.E.C.) program for fiscal year 2002-2003. [Community Services] 5. California State Agency for Surplus Property — Authorization to Acquire Federal Surplus ■ Fiscal impact: Savings in acquiring desired equipment at a surplus cost. ■ Staff recommendation: City Council adopt draft Resolution renewing the City's eligibility in the federal Surplus Property Program and authorizing specific employees to acquire surplus property from the California State Agency for Surplus Property. [Fire] • CC 08/13/02 Page 4 I,ZQ.47 ITEM NUMBER: A-3 DATE: 09/10/2002 • 6. EI Camino Real - Gravity Sewer Main Extension - Award of Contract for Construction ■ Fiscal impact: $1,442,497.00 with Budget Adjustment of $632,570.95 to be funded from the Wastewater Capital Projects Account (in FY 2001-03 Budget) Staff recommendation: City Council 1. Adopt the Draft Resolution amending the Wastewater Capital Projects Budget for Fiscal Year 2002-2003. 2. Authorize the Mayor to execute an agreement with Specialty Construction, Inc. to construct the EI Camino Real — Gravity Sewer Main Extension at a maximum cost of $1,442,497.00. [Public Works] 7. 2002-2003 Annual Overlay Program — Bid No. 2002-007 ■ Fiscal impact: $1,734,380 in Total Project Expenditures (with Budget Adjustment of$52,580) ■ Staff recommendation: City Council 1. Authorize the City Manager to execute an agreement with R. Burke Corporation in the amount of$1,355,321.00 for construction of the 2002-2003 annual Overlay Program. 2. Authorize the Director of Administrative Services to appropriate an additional $12,580 from the Traffic Congestion Relief Fund and an additional $40,000 from the Local Transportation Fund for the 2002-2003 Annual Overlay Program. 3. Authorize the Director of Administrative Services to make any budget transfers necessary to come into compliance with AB2928 and any transfers necessary between the 2002- 2003 Overlay Program Projects. [Public Works] 8. Community Development Block Grant Program — Fiscal Years 2003 through 2005 ■ Fiscal impact: Continued availability of approximately $245,000 annually during the next three years for CDBG-eligible programs • ■ Staff recommendation: City Council adopt the draft Resolution approving a cooperative agreement with the County of San Luis Obispo for participation in the Community Development Block Grant (CDBG) Program for Fiscal Years 2003 through 2005. [Public Works] 9. Final Parcel Map 2001-0019 (Parcel Map AT 01-342) [TPM 2001-00241 — 9635/9637 Santa Lucia Ave. ( Bissonnette/Wilson ) ■ Fiscal impact: None ■ Staff recommendation: City Council accept Final Parcel Map 2001-0019 (Parcel Map AT 01- 342). [Public Works] 10. Final Tract Map 2002-0027 (Tract Map 2329) fTTM 990081— 8605 EI Centro Charnley ) ■ Fiscal impact: None ■ Staff recommendation: City Council 1. Accept Final Tract Map 2002-0027 (Tract Map 2329); and, 2. Reject offer of dedication for Cascada Court and public utility easement without prejudice. 3. Accept 5-foot offer of dedication on EI Centro Road 4. Authorize City Manager to execute Subdivision Improvement Agreement. [Public Works] Council Member Luna pulled Item #A-7 and John McGoff requested Items #A-6 and A- 10 be pulled. • CC 08/13/02 Page 5 ITEM NUMBER: A-3 DATE: 09/10/2002 MOTION: By Council Member Luna and seconded by Council Member Johnson to approve Consent Calendar Items #A-1, 2, 3, 4, 5, 8, and 9. Motion passed 5:0 by a roll-call vote. (item #A-1 Resolution No. 2002-033, Item #A-3 Resolution No. 2002-034, Item #A-4 Contract No. 2002-016, Item #A-5 Resolution No. 2002-035, Item #A-8 Resolution No. 2002-037) Item #A-6: John McGoff, Atascadero, addressed the issue of payment of prevailing wage rates by contractors awarded contracts by the City of Atascadero on Public Works projects. He would like to see prevailing wage requirements clearly spelled out under the terms and conditions for which the contractor is responsible. City Attorney Roy Hanley indicated that the City has developed standard form contracts worded in such a way that they can be used even where prevailing wage laws don't apply. He added that City staff is completely aware of the changes in the prevailing wage laws and there have been no problems with enforcement. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Consent Calendar Item #A-6. Motion passed 5:0 by a roll-call vote. (Resolution No. 2002- 036, Contract No. 2002-017) Item #A-7: Council Member Luna expressed his concern that two roads (Portola Road • from San Marcos Road to Morro Road and San Gabriel Road from midway between San Marcos and Santa Lucia), which were in the five-year capital improvement project have been dropped from consideration in this overlay program. Two other roads, Santa Rosa and Ensenada have been added and he requested an explanation of why this was done. Public Works Director Steve Kahn stated that during the initial design of the project, construction costs were estimated, but once the projects were designed a new estimate of the project proved higher than the amount available to expend. Staff then went through the project list and added in the projects they felt were most needed at this time. MOTION: By Council Member Luna and seconded by Council Member Johnson to approve Consent Calendar Item #A-7. Motion passed 5:0 by a roll-call vote. (Contract No. 2002-015) Item #A-10: John McGoff gave a brief history of this project and asked for clarification on the following issues: 1) mitigation of drainage concerns on EI Central and La Linia, 2) is the $15,000 offered during the October 1999 hearing incorporated into this agreement, and 3) does the General Plan Update change the zoning on this parcel? (Exhibit B). • CC 08/13/02 Page 6 ITEM NUMBER: A-3 DATE: 09/10/2002 • Community Development Director Warren Frace explained that there were no changes to the General Plan or zoning designations on this parcel that happened as a result of the 2002 General Plan Update process. There haven't been any changes to the parcel since the 1999 approval. Public Works Director Kahn addressed the drainage issue and stated that throughout the project there has been a drainage problem. He outlined the steps the developer is taking to mitigate this issue. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Johnson to approve Consent Calendar Item #A-10. Motion passed 5:0 by a roll-call vote. (Contract No. 2002-018) B. PUBLIC HEARINGS: 1. Road Abandonment #2001-0008 — Summary Vacation of an Unimproved Portion of Atascadero Avenue Colony Right-of-Way ( Dwayne Burbach / Wilson Land Surveys ) • Fiscal impact: None ■ Planning Commission recommendation: Council adopt draft Resolution, thereby summarily vacating a portion of colony right-of-way near Atascadero Avenue and San Andres, as conditioned and subject to the appropriate findings. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT— None MOTION: By Council Member Johnson and seconded by Council Member Clay to adopt the draft Resolution, thereby summarily vacating a portion of colony right-of-way near Atascadero Avenue and San Andres, as conditioned and subject to the appropriate findings. Motion passed 5:0 by a roll-call vote. (Resolution No. 2002- 038) 2. Confirming the Cost of Vegetative Growth and/or Refuse Abatement ■ Fiscal impact: No direct fiscal impact. Contractor costs for abatement are recovered through assessments placed on property tax bills. ■ Staff recommendation: City Council adopt the draft Resolution, confirming the cost of vegetative growth (weed) and/or refuse (rubbish) abatement. [Fire] Fire Chief Kurt Stone gave the staff report to the Council. • CC 08/13/02 n Page 7 31 ITEM NUMBER: A-3 DATE: 09/10/2002 PUBLIC COMMENT— None • MOTION: BY Council Member Luna and seconded by Council Member Clay to adopt the draft Resolution, confirming the cost of vegetative growth and/or refuse abatement. Motion passed 5:0 by a roll-call vote. (Resolution No. 2002- 039) C. MANAGEMENT REPORTS: 1. City Council Meetinq Minutes ■ Fiscal impact: small cost savings in staff time and permanent record paper ■ Staff recommendation: City Council direct the City Clerk to list in the minutes all documents submitted by the public during Council meetings that are either read into the record or referred to in their statement, and file all the listed documents in the City Clerk's office. [City Clerk] City Clerk Marcia McClure Torgerson gave the report to Council and answered their questions. Council Member Luna felt the disclaimer at the end of the Agenda should be rewritten so there is specific explanation of what would be done with the statements given to the City Clerk. . PUBLIC COMMENT — None MOTION: By Council Member Johnson and seconded by Council Member Clay to direct the City Clerk to list in the minutes all documents submitted by the public during Council meetings that are either read into the record or referred to in their statement, and file all the listed documents in the City Clerk's office and to have it indicated on the Agenda what the City Clerk will do with the statements. Motion passed 5:0 by a voice vote. Mayor Arrambide recessed the hearing at 8:05 p.m. Mayor Arrambide called the meeting back to order at 8:15 p.m. • CC 08/13/02 G 3 2 Page 8 ITEM NUMBER: A-3 DATE: 09/10/2002 • 2. Atascadero Road Program ■ Fiscal impact: $50,000.00 to pave River Gardens and $6,000.00 to repair a hole in Amapoa Avenue (in Public Works Street Maintenance Operating Supplies and Contract Services accounts). • Staff recommendation: City Council 1. Receive an updated report on the Atascadero Road Program 2. Direct Staff to use the "Worst First Approach" on Local Road Rehabilitation Projects and to start on the roads of River Gardens and Amapoa Ave. [Public Works]. Public Works Director Steve Kahn gave the staff report and answered questions of Council. PUBLIC COMMENT — None Council Member Clay raised the issue of bike lanes on Santa Cruz. A discussion ensued regarding this issue. MOTION: By Council Member Johnson and seconded by Council Member Clay to direct Staff to use the "Worst First Approach" on local Road Rehabilitation Projects and to start on the roads of River Gardens and Amapoa Ave. Motion passed 5:0 by a roll-call vote. There was Council consensus to have staff return to the Council with options for . bike lanes on Santa Cruz. Council Member Johnson stated it is important to see a cost analysis, as it is essential that Council make fiscally responsible decisions. D. COMMITTEE REPORTS: Mayor Arrambide 1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA): SLOCOG is reshuffling in an attempt to get the most favorable funding, and the pedestrian bridge where the Curbaril Bridge was, is scheduled to go to bid in October. 2. County Mayor's Round Table: Discussion centered on the State mandate for affordable housing. Council Member Luna 1. North County Homeless Coalition: Council Member Luna reported he had participated in an ECHO sleepover and recommended all members of the Council similarly participate. • CC 08/13/02 Page 9 G 3 3 ITEM NUMBER: A-3 DATE: 09/10/2002 E. INDIVIDUAL DETERMINATION AND/OR ACTION: • 1. City Council Council Member Johnson announced that he would be out of state for the next Council meeting. Council Member Clay asked Deputy Community Services Director Geoff English to share with the Council the progress on the new Recreation Center. Mr. English reported that the summer drop-in program for teens at the new Recreation Center has been very successful. There has been an average of over 250 kids per week utilizing the Center. 2. City Clerk a. Designation of Votinq Delegate — League of California Cities' Annual Conference ■ Fiscal impact: None • City Clerk recommendation: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities' Annual Conference in October 2002 and direct the City Clerk to inform the League of the designation. City Clerk Marcia Torgerson gave a brief report and answered questions of Council. • There was Council consensus to designate Council Member Clay as voting delegate to the League of California Cities' Annual Conference. 3. City Treasurer David Graham reported that today the FOMC left rates unchanged, however they did change their bias to a negative bias toward the economy at the present time, leaving the possibility that somewhere between September and November there would be a quarter point cut. 4. City Attorney Roy Hanley announced that the Judge has signed the Consent Decree in the Diamond suit against the City of Atascadero. 5. City Manager Mr. McKinney stated that the Customer Service Center would be open the first week in September. On September 3`d there will be an opening ceremony. Many business issues with the City can be transacted at this center. • CC 08/13/02 r� Page 10 G 3 4 ITEM NUMBER: A-3 DATE: 09/10/2002 • F. ADJOURNMENT: Mayor Arrambide adjourned the meeting at 8:45 p.m. to the next regularly scheduled meeting on September 10, 2002. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk Exhibit A - Lyne Bloomfield, 8200 San Gabriel Road Exhibit B — John McGoff, Atascadero • • CC 08/13/02 0 3 J Page 11 ITEM NUMBER: A _ 4 DATE: 09/10/200 • Sit n■ n 1918 1878 Atascadero City Council Staff Report-Administrative Services Department JUNE 2002 ACCOUNTS PAYABLE & PAYROLL RECOMMENDATION Approve certified City accounts payable,payroll and payroll vendor checks for June 2002. DISCUSSION Attached for City Council review and approval are the following: Payroll Dated 06/06/02 Checks# 14109 - 14256 $ 167,465.93 • Dated 06/20/02 Checks# 14257 - 14403 197,005.53 Accounts Payable Dated June 1-30, 2002 Checks # 84687 - 85106 &EFTs 1,016,082.60 TOTAL AMOUNT $ 1,380,554.06 FISCAL IMPACT Total expenditures for all funds is $ 1,380,554.06 CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. Rach lle Rickard,Adminis tive Services Director Approved by the City Council at a meeting held September 10, 2002. • Marcia M.Torgerson, City Clerk ATTACHMENT: June 2002 Eden Warrant Register in the amount of $ 1,016,082.60 G36 City of Ataseadero Disbursement Listing For the Month of June 2002 Check Check Number Date Vendor Description Amounydik 147 6/3/2002 MID-STATE BANK Accounts Payable Check 114.22 84687 6/4/2002 DURHAM COMMUNICATIONS INC Accounts Payable Check 69.27 84689 6/4/2002 HOME DEPOT Accounts Payable Check 5,838.35 84690 6/4/2002 DURHAM COMMUNICATIONS INC Accounts Payable Check 16,458.20 148 6/6/2002 MID-STATE BANK Accounts Payable Check 20.00 84691 6/6/2002 ATASCADERO NEWS Accounts Payable Check 514.00 84692 6/6/2002 ATASCADERO WINE FESTIVAL Accounts Payable Check 540.00 84693 6/7/2002 ATASCADERO FED.CREDIT UNION Payroll Vendor Payment 4,930.00 84694 6/7/2002 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 240.00 84695 6/7/2002 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 30.00 84696 6/7/2002 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 346.00 84697 6/7/2002 COUNTY-CITY EMPLOYEES CU Payroll Vendor Payment 895.00 84698 6/7/2002 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 6,537.20 84699 6/7/2002 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 687.41 84700 6/7/2002 FAMILY SUPPORT DIVISION Payroll Vendor Payment 369.23 84701 6/7/2002 HARTFORD LIFE INSURANCE Payroll Vendor Payment 5,63 84702 6/7/2002 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 600.00 84703 6/7/2002 KENNEDY CLUB FITNESS Payroll Vendor Payment 79.50 84704 6/7/2002 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 32.31 84705 6/7/2002 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 18,057.16 84706 6/7/2002 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 484.70 84707 6/7/2002 FAMILY SUPPORT DIVISION Payroll Vendor Payment 498.00 84708 6/7/2002 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 38.00 84709 6/7/2002 WASHINGTON MUTUAL BANK Payroll Vendor Payment 668.51 149 6/11/2002 MID-STATE BANK Payroll Vendor Payment 29,903.25 84710 6/12/2002 CANADA LIFE ASSURANCE CO Payroll Vendor Payment 766.22 84711 6/12/2002 COLONIAL LIFE&ACCIDENT INS. Payroll Vendor Payment 2,007.29 84712 6/12/2002 CPIC LIFE Payroll Vendor Payment 1,502.85 84713 6/12/2002 DELTA DENTAL,ATTN:ACCOUNTING Payroll Vendor Payment 6,790.30 84714 6/12/2002 EQUITABLE LIFE Payroll Vendor Payment 348.88 84715 6/12/2002 LIFEGUARD INC. Payroll Vendor Payment 45,293.14 84716 6/14/2002 4 IMPRINT Accounts Payable Check 80 037 City of Ataseadero Disbursement Listing For the Month of June 2002 Check Check Aa�umber Date Vendor Description Amount 84717 6/14/2002 A-JAY EXCAVATING,INC. Accounts Payable Check 85.00 84718 6/14/2002 ACTION TOWING Accounts Payable Check 25.00 84719 6/14/2002 EMILY J.ADAMS Accounts Payable Check 81.00 84720 6/14/2002 ADMINISTRATIVE FIRE SVCS SECT Accounts Payable Check 20.00 84721 6/14/2002 ALL PLUMBING Accounts Payable Check 65.75 84722 6/14/2002 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 60.27 84723 6/14/2002 VOID Accounts Payable Check 0.00 84724 6/14/2002 ARAMARK UNIFORM SERVICES Accounts Payable Check 477.96 84725 6/14/2002 MIKE ARRAMBIDE Accounts Payable Check 35.00 84726 6/14/2002 ARTHURS CONTRACTING,INC. Accounts Payable Check 8,073.03 84727 6/14/2002 AT&T Accounts Payable Check 31.85 84728 6/14/2002 ATASCADERO BATTERY EXCHANGE Accounts Payable Check 78.24 84729 6/14/2002 ATASCADERO DOOR COMPANY Accounts Payable Check 56.66 84730 6/14/2002 ATASCADERO FORD Accounts Payable Check 416.51 84732 6/14/2002 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 7,605.85 84733 6/14/2002 ATASCADERO NEWS Accounts Payable Check 12.39 • 84734 6/14/2002 ATASCADERO YOUTH TASK FORCE Accounts Payable Check 192.50 84735 6/14/2002 AVAYA INC. Accounts Payable Check 22.41 84736 6/14/2002 BEE INTERNATIONAL Accounts Payable Check 143.80 84737 6/14/2002 BILL GAINES AUDIO Accounts Payable Check 2,000.00 84738 6/14/2002 TOM BIRKENFELD Accounts Payable Check 36.00 84739 6/14/2002 BOB KEULEN CONSTRUCTION Accounts Payable Check 2,738.00 84740 6/14/2002 BRENDLER JANITORIAL SERVICE Accounts Payable Check 825.00 84741 6/14/2002 BROWN AND CALDWELL Accounts Payable Check 11,426.93 84742 6/14/2002 GUY L.BUDD Accounts Payable Check 250.00 84743 6/14/2002 DALE A.BYWATER Accounts Payable Check 1,385.00 84744 6/14/2002 CAL-COAST REFRIGERATION,INC Accounts Payable Check 598.00 84745 6/14/2002 CAL-STATE AUTO GLASS Accounts Payable Check 333.13 84746 6/14/2002 CALIF DEPT OF FORESTRY&FIRE Accounts Payable Check 30.00 84747 6/14/2002 CASHIERS OFFICE Accounts Payable Check 65.00 84748 6/14/2002 CCO INTERNET SERVICES Accounts Payable Check 2,260.00 84749 6/14/2002 CENTRAL COAST COATINGS Accounts Payable Check 14 000.00 84750 6/14/2002 CENTRAL COAST SANITATION Accounts Payable Check 55.00 84751 6/14/2002 CHEM CLEAN Accounts Payable Check 75.07 is 84752 6/14/2002 CHEVRON Accounts Payable Check 359.88 84753 6/14/2002 CHEVRON Accounts Payable Check 3,081.98 City of Atascadero Disbursement Listing For the Month of June 2002 Check Check Number Date Vendor Description plow 84754 6/14/2002 CHICAGO GRADE LANDFILL,INC. Accounts Payable Check 214.30 84755 6/14/2002 CITY NATIONAL BANK Accounts Payable Check 130 721.25 84756 6/14/2002 JERRY L.CLAY,SR. Accounts Payable Check 14.38 84757 6/14/2002 CLEAN WATER SYSTEMS,INC. Accounts Payable Check 35.00 84758 6/14/2002 CLEAN-WAY ENTERPRISES Accounts Payable Check 53.96 84759 6/14/2002 CLEAR SOLUTIONS Accounts Payable Check 261.89 84760 6/14/2002 COAST ELECTRONICS Accounts Payable Check 118.51 84761 6/14/2002 COASTLINE EQUIPMENT Accounts Payable Check 293.55 84762 6/14/2002 VINCE CONDE Accounts Payable Check 75.00 84763 6/14/2002 CONWAY DISTRIBUTORS Accounts Payable Check 122.80 84764 6/14/2002 COUNTRY COPY Accounts Payable Check 48.26 84765 6/14/2002 CRYSTAL SPRINGS WATER Accounts Payable Check 176.50 84766 6/14/2002 VOID Accounts Payable Check 0.00 84767 6/14/2002 CUESTA EQUIPMENT Accounts Payable Check 872.68 84768 6/14/2002 DALLAS CROWN,INC Accounts Payable Check 3,375.00 84769 6/14/2002 DARRYL'S LOCK AND SAFE Accounts Payable Check 10.73 84770 6/14/2002 DAVID M FLEISHMAN Accounts Payable Check 90 84771 6/14/2002 DECOU LUMBER COMPANY Accounts Payable Check 1,1 84772 6/14/2002 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 722.21 84773 6/14/2002 DISPLAY SALES Accounts Payable Check 94.00 84774 6/14/2002 ECONOMIC OPPORTUNITY COMMISSIO Accounts Payable Check 18 489.11 84775 6/14/2002 EL CAMINO BUILDING SUPPLY Accounts Payable Check 153.97 84776 6/14/2002 EL CAMINO CAR WASH LLC Accounts Payable Check 255.15 84777 6/14/2002 EXXON MOBIL Accounts Payable Check 392.41 84778 6/14/2002 FARM SUPPLY COMPANY Accounts Payable Check 60.04 84779 6/14/2002 FERGUSON ENTERPRISES,INC. Accounts Payable Check 242.92 84780 6/14/2002 FERRELL'S AUTO REPAIR Accounts Payable Check 12.00 84781 6/14/2002 FGL ENVIRONMENTAL Accounts Payable Check 327.60 84782 6/14/2002 FISHER SCIENTIFIC Accounts Payable Check 759.29 84783 6/14/2002 FOOD FOR LESS Accounts Payable Check 323.66 84784 6/14/2002 BILLY FOPPIANO Accounts Payable Check 250.00 84785 6/14/2002 CHARLES FOREMAN Accounts Payable Check 250.00 84786 6/14/2002 FOX&SOHAGI,LLP Accounts Payable Check 2,975.35 84787 6/14/2002 WARREN FRACE Accounts Payable Check 35.00 84788 6/14/2002 FRAZEE PAINTS Accounts Payable Check 40 City of Atascadero Disbursement Listing For the Month of June 2002 Check Check umber Date Vendor Description Amount 84789 6/14/2002 GAS COMPANY Accounts Payable Check 307.40 84790 6/14/2002 GATEWAY COMPANIES,INC. Accounts Payable Check 5,657.50 84791 6/14/2002 GEM AUTO PARTS Accounts Payable Check 573.87 84792 6/14/2002 GENIE'S STEAK HOUSE Accounts Payable Check 1,000.00 84793 6/14/2002 MARK GREENAWAY Accounts Payable Check 2,800.00 84794 6/14/2002 GRISANTI HARDWARE Accounts Payable Check 157.98 84795 6/14/2002 H.D.PETERSON Accounts Payable Check 1,231.26 84796 6/14/2002 HANSON AGGREGATES MID-PACIFIC Accounts Payable Check 1,379.34 84797 6/14/2002 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 1,884.83 84798 6/14/2002 CHELSEA L.HAYES Accounts Payable Check 114.75 84799 6/14/2002 SHANNAN E.HILLIER Accounts Payable Check 74.25 84800 6/14/2002 ICMA Accounts Payable Check 701.92 84801 6/14/2002 INDUSTRIAL MEDICAL CENTER OF Accounts Payable Check 140.00 84802 6/14/2002 INFORMATION SERVICES DIVISION Accounts Payable Check 2,618.00 84803 6/14/2002 INGLIS PET HOTEL Accounts Payable Check 106.74 84804 6/14/2002 INTERNATIONAL SPECIES INF SYS Accounts Payable Check 908.00 84805 6/14/2002 J.G.TUCKER&SON,INC. Accounts Payable Check 604.65 • 84806 6/14/2002 TOM JAMASON Accounts Payable Check 120.00 84807 6/14/2002 JENCKS LAW GROUP Accounts Payable Check 110.44 84808 6/14/2002 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 12.50 84809 6/14/2002 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 56.16 84810 6/14/2002 KEN'S MOBIL SERVICE Accounts Payable Check 1,336.97 84811 6/14/2002 CHUCK KENDRICK Accounts Payable Check 51.00 84812 6/14/2002 BRIAN KENNEDY Accounts Payable Check 90.00 84813 6/14/2002 KINKO'S Accounts Payable Check 3,230.63 84814 6/14/2002 LEE WILSON ELECTRIC CO.INC Accounts Payable Check 1,120.00 84815 6/14/2002 JENNIFER LEVINE Accounts Payable Check 60.00 84816 6/14/2002 TODD LOMELINO,M.D. Accounts Payable Check 388.00 84817 6/14/2002 LYNDON'S AUTOMOTIVE Accounts Payable Check 68.00 84818 6/14/2002 MANAGED HEALTH NETWORK,INC. Accounts Payable Check 164.78 84819 6/14/2002 MAXIMUS Accounts Payable Check 750.00 84820 6/14/2002 BECKY MAXWELL Accounts Payable Check 39.71 84821 6/14/2002 DAN MCGAULEY Accounts Payable Check 230.00 84822 6/14/2002 WADE MCKINNEY Accounts Payable Check 110.00 • 84823 6/14/2002 MED-STOP CLINICS Accounts Payable Check 530.00 84824 6/14/2002 MICHAEL'S Accounts Payable Check 25.00 City of Atascadero Disbursement Listing For the Month of June 2002 Check Check Number Date Vendor Description Amoun is 84825 6/14/2002 MID-COAST GEOTECHNICAL,INC. Accounts Payable Check 350. 84826 6/14/2002 MID-COAST MOWER&SAW Accounts Payable Check 180.15 84827 6/14/2002 MID-STATE CONCRETE PRODUCTS Accounts Payable Check 1,664.52 84828 6/14/2002 PAUL MILLER Accounts Payable Check 51.00 84829 6/14/2002 MILLER'S HARDWOOD Accounts Payable Check 1,650.00 84830 6/14/2002 WINDY MILNE Accounts Payable Check 120.00 84831 6/14/2002 MISSION UNIFORM SERVICE Accounts Payable Check 160.01 84832 6/14/2002 NORTHWEST BUSINESS STAMP Accounts Payable Check 69.75 84833 6/14/2002 OMNI-MEANS,INC. Accounts Payable Check 7,047.07 84834 6/14/2002 HEATHER OSGOOD Accounts Payable Check 9.92 84835 6/14/2002 OUTLET TOOL SUPPLY Accounts Payable Check 407.39 84836 6/14/2002 PACIFIC BELL Accounts Payable Check 100.98 84837 6/14/2002 PACIFIC BELL/WORLDCOM Accounts Payable Check 600.95 84838 6/14/2002 PACIFIC GAS AND ELECTRIC Accounts Payable Check 7,373.28 84839 6/14/2002 PACIFIC HOME DO IT CENTER Accounts Payable Check 300.83 84840 6/14/2002 PAPER WORKS Accounts Payable Check 248.45 84841 6/14/2002 PASO ROBLES ELECTRIC,INC. Accounts Payable Check 249. 84842 6/14/2002 PASO ROBLES TRUCK CENTER Accounts Payable Check 80j6 84843 6/14/2002 PENNY MEN Accounts Payable Check 385.00 84844 6/14/2002 FIRE DEPARTMENT PETTY CASH Accounts Payable Check 200.30 84845 6/14/2002 POLICE DEPARTMENT PETTY CASH Accounts Payable Check 123.01 84846 6/14/2002 FINANCE DEPARTMENT PETTY CASH Accounts Payable Check 444.17 84847 6/14/2002 POOR RICHARD'S PRESS Accounts Payable Check 238.60 84848 6/14/2002 BAS PRINS Accounts Payable Check 50.00 84849 6/14/2002 PRO MOTION Accounts Payable Check 249.03 84850 6/14/2002 PROCARE JANITORIAL SUPPLY Accounts Payable Check 56.49 84851 6/14/2002 GRACE L.PUCCI Accounts Payable Check 217.50 84852 6/14/2002 QUILL CORPORATION Accounts Payable Check 581.78 84853 6/14/2002 RAINBOW MEALWORMS,INC. Accounts Payable Check 71.06 84854 6/14/2002 RECOGNITION WORKS Accounts Payable Check 263.84 84855 6/14/2002 REID ROOFING Accounts Payable Check 500.00 84856 6/14/2002 RELIABLE PROTEIN PRODUCTS Accounts Payable Check 1,214.55 84857 6/14/2002 REVENUE&COST SPECIALISTS LLC Accounts Payable Check 8,400.00 84858 6/14/2002 JOHN RODGERS Accounts Payable Check 815.22 84859 6/14/2002 ROHRER HAY&FEED SALES Accounts Payable Check 4je u4 City of Atascadero Disbursement Listing For the Month of June 2002 Check Check Ailiwumber Date Vendor Description Amount 84860 6/14/2002 STEVE ROMO Accounts Payable Check 81.00 84861 6/14/2002 ROTO-ROOTER Accounts Payable Check 95.00 84862 6/14/2002 ROUND TABLE PIZZA Accounts Payable Check 400.00 84863 6/14/2002 RUSSCO Accounts Payable Check 1,300.14 84864 6/14/2002 SAFETY-KLEEN INC. Accounts Payable Check 75.60 84865 6/14/2002 SAFEWAY,INC Accounts Payable Check 29.01 84866 6/14/2002 SAN LUIS OBISPO COUNTY Accounts Payable Check 35.00 84867 6/14/2002 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 15 881.25 84868 6/14/2002 SAN LUIS PERSONNEL INC. Accounts Payable Check 828.90 84869 6/14/2002 SAN LUIS VIDEO SYSTEMS Accounts Payable Check 338.81 84870 6/14/2002 STEVE SANDEFFER Accounts Payable Check 106.13 84871 6/14/2002 SCOTT SATTERTHWAITE Accounts Payable Check 230.00 84872 6/14/2002 SBRPSTC AGENCY Accounts Payable Check 92.00 84873 6/14/2002 SCBA SAFETY CHECK,INC. Accounts Payable Check 700.73 84874 6/14/2002 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 191.31 84875 6/14/2002 SIERRA VISTA REGIONAL MED CTR Accounts Payable Check 33.50 84876 6/14/2002 SIGN OUTLET Accounts Payable Check 351.33 • 84877 6/14/2002 TOM SILVA Accounts Payable Check 51.00 84878 6/14/2002 SLIGH CABINETS,INC Accounts Payable Check 4,366.00 84879 6/14/2002 KATHRYN STANLEY Accounts Payable Check 20.00 84880 6/14/2002 STAPLES INC. Accounts Payable Check 51.33 84881 6/14/2002 SUNLIGHT JANITORIAL Accounts Payable Check 1,130.00 84882 6/14/2002 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 709.62 84883 6/14/2002 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 197.50 84884 6/14/2002 T-N-T PEST CONTROL Accounts Payable Check 88.00 84885 6/14/2002 TANKS UNLIMITED Accounts Payable Check 569.44 84886 6/14/2002 TAYLOR RENTAL Accounts Payable Check 78.49 84887 6/14/2002 TEMPLETON FEED&GRAIN Accounts Payable Check 113.40 84888 6/14/2002 TESSCO TECHNOLOGIES Accounts Payable Check 400.44 84889 6/14/2002 THE TREE MAN Accounts Payable Check 86.78 84890 6/14/2002 THYSSENKRUPP ELEVATOR Accounts Payable Check 676.36 84891 6/14/2002 TURF STAR,INC. Accounts Payable Check 1,283.84 84892 6/14/2002 U.S.TREASURY Accounts Payable Check 210.67 84893 6/14/2002 UNION ASPHALT,INC. Accounts Payable Check 2,129.90 84894 6/14/2002 UNISOURCE MAINT SUPPLY SYSTEMS Accounts Payable Check 342.00 84895 6/14/2002 UNITED GREEN MARK,INC. Accounts Payable Check 290.09 U I- City of Atascadero Disbursement Listing For the Month of June 2002 Check Check Number Date Vendor Description Amo 84896 6/14/2002 UNITED PARCEL SERVICE Accounts Payable Check 84897 6/14/2002 UNOCAL Accounts Payable Check 3,950.06 84898 6/14/2002 JEFF VAN DEN EIKHOF Accounts Payable Check 103.66 84899 6/14/2002 VERIZON WIRELESS Accounts Payable Check 94.57 84900 6/14/2002 VISITOR TELEVISION Accounts Payable Check 1,200.00 84901 6/14/2002 TOM WAY Accounts Payable Check 230.00 84902 6/14/2002 WILLIAM WHITE Accounts Payable Check 120.00 84903 6/14/2002 WULFING'S POLYGRAPH SERVICE Accounts Payable Check 150.00 84904 6/18/2002 MIKE ALOI Accounts Payable Check 100.00 84905 6/18/2002 REGIONALD HICKS Accounts Payable Check 100.00 84906 6/18/2002 U.S.TREASURY Accounts Payable Check 226.18 150 6/19/2002 CITY BANK CMRS/NEOPOST Accounts Payable Check 5,010.00 84907 6/19/2002 MASTERCARD DEPARTMENT 1850 Accounts Payable Check 1,695.84 84908 6/19/2002 MASTERCARD DEPARTMENT 4093 Accounts Payable Check 147.63 84909 6/19/2002 MASTERCARD DEPARTMENT 4101 Accounts Payable Check 92.44 84910 6/19/2002 MASTERCARD DEPARTMENT 4135 Accounts Payable Check 699 84911 6/19/2002 MASTERCARD DEPARTMENT 4150 Accounts Payable Check 16 84912 6/19/2002 MASTERCARD DEPARTMENT 4168 Accounts Payable Check 44.19 84913 6/19/2002 MASTERCARD DEPARTMENT 6082 Accounts Payable Check 726.50 84914 6/19/2002 MASTERCARD DEPARTMENT 6090 Accounts Payable Check 412.94 84915 6/19/2002 MASTERCARD DEPARTMENT 6108 Accounts Payable Check 848.25 84916 6/19/2002 MASTERCARD DEPARTMENT 9902 Accounts Payable Check 703.78 84917 6/19/2002 DALE A.BYWATER Accounts Payable Check 1,362.50 84918 6/21/2002 ATASCADERO FED.CREDIT UNION Payroll Vendor Payment 4,930.00 84919 6/21/2002 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 240.00 84920 6/21/2002 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 30.00 84921 6/21/2002 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 348.00 84922 6/21/2002 COUNTY-CITY EMPLOYEES CU Payroll Vendor Payment 895.00 84923 6/21/2002 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 10 554.79 84924 6/21/2002 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 832.30 84925 6/21/2002 FAMILY SUPPORT DIVISION Payroll Vendor Payment 369.23 84926 6/21/2002 HARTFORD LIFE INSURANCE Payroll Vendor Payment 6,634.92 84927 6/21/2002 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 2,600 84928 6/21/2002 KENNEDY CLUB FITNESS Payroll Vendor Payment 7 u43 City of Ataseadero Disbursement Listing For the Month of June 2002 Check Check Amwumber Date Vendor Description Amount MW 84929 6/21/2002 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 32.31 84930 6/21/2002 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 18,047.53 84931 6/21/2002 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 468.99 84932 6/21/2002 FAMILY SUPPORT DIVISION Payroll Vendor Payment 498.00 84933 6/21/2002 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 38.00 84934 6/21/2002 WASHINGTON MUTUAL BANK Payroll Vendor Payment 701.72 151 6/25/2002 MID-STATE BANK Payroll Vendor Payment 43,543.70 84935 6/26/2002 LEO TIDWELL EXCAVATING,CORP. Accounts Payable Check 64 350.00 84936 6/26/2002 SLO COUNTY RECORDER Accounts Payable Check 850.00 84937 6/26/2002 SLO COUNTY RECORDER Accounts Payable Check 25.00 84938 6/27/2002 ALBERTSONS Accounts Payable Check 1,000.00 84939 6/27/2002 JESI DEFONTE Accounts Payable Check 500.00 84940 6/27/2002 SKIN SOLUTIONS Accounts Payable Check 500.00 84941 6/28/2002 A J'S APPLIANCE SERVICE Accounts Payable Check 97.57 84942 6/28/2002 AARDVARK TACTICAL,INC Accounts Payable Check 994.38 • 84943 6/28/2002 ALLPHASE LANDSCAPE Accounts Payable Check 130.00 84944 6/28/2002 AMK FOODSERVICE COMPANY , Accounts Payable Check 110.89 84945 6/28/2002 ANDERSON'S AUTO SERVICES Accounts Payable Check 830.40 84946 6/28/2002 ARAMARK UNIFORM SERVICES Accounts Payable Check 53.11 84947 6/28/2002 ATASCADERO FORD Accounts Payable Check 1,500.06 84948 6/28/2002 ATASCADERO NEWS Accounts Payable Check 671.30 84949 6/28/2002 AUTO TRIM DESIGN Accounts Payable Check 1,580.00 84950 6/28/2002 ANN BANKS Accounts Payable Check 40.00 84951 6/28/2002 KELLY BARLOW Accounts Payable Check 45.00 84952 6/28/2002 BENERGY,INC. Accounts Payable Check 8,535.00 84953 6/28/2002 CINDY K.BENSON Accounts Payable Check 725.20 84954 6/28/2002 BILLOW'S CUSTOM EMBROIDERY Accounts Payable Check 300.30 84955 6/28/2002 JOHN BLAIR Accounts Payable Check 120.00 84956 6/28/2002 BOB SMITH INDUSTRIES Accounts Payable Check 410.00 84957 6/28/2002 BLAKE BOLT Accounts Payable Check 45.00 84958 6/28/2002 BOSTON'S PET SUPPLY Accounts Payable Check 309.72 84959 6/28/2002 BROWNIE'S Accounts Payable Check 67.45 • 84960 6/28/2002 DALE A.BYWATER Accounts Payable Check 3'775.00 84961 6/28/2002 C&D TOWING&TRUCK SERVICE Accounts Payable Check 967.71 City of Atascadero Disbursement Listing For the Month of June 2002 Check Check Number Date Vendor Description AmoAb 84962 6/28/2002 CAL-COAST REFRIGERATION,INC Accounts Payable Check 1,987.W 84963 6/28/2002 CALBO Accounts Payable Check 215.00 84964 6/28/2002 CALIF REDEVELOPMENT ASSC Accounts Payable Check 1,040.00 84965 6/28/2002 CANNON ASSOCIATES Accounts Payable Check 12,426.75 84966 6/28/2002 CONSOLIDATED ELECTRICAL CED Accounts Payable Check 898.27 84967 6/28/2002 CELLULARONE Accounts Payable Check 924.16 84968 6/28/2002 CENTRAL COAST HEATING&AIR Accounts Payable Check 395.00 84969 6/28/2002 CHALK MOUNTAIN GOLF COURSE Accounts Payable Check 790.00 84970 6/28/2002 CHEM CLEAN Accounts Payable Check 1,037.32 84971 6/28/2002 CHEM-DRY OF NORTH COUNTY Accounts Payable Check 883.00 84972 6/28/2002 CHEVRON Accounts Payable Check 2,553.85 84973 6/28/2002 CHICAGO GRADE LANDFILL,INC. Accounts Payable Check 20.00 84974 6/28/2002 JOSEPH CHOUINARD P.E. Accounts Payable Check 2,310.00 84975 6/28/2002 KAREN CLANIN Accounts Payable Check 290.50 84976 6/28/2002 CMC RESCUE,INC. Accounts Payable Check 2,254.94 84977 6/28/2002 COAST ELECTRONICS Accounts Payable Check 193.02 84978 6/28/2002 VINCE CONDE Accounts Payable Check 45.00 84979 6/28/2002 CIMON CORMIER Accounts Payable Check 0 84980 6/28/2002 CRYSTAL SPRINGS WATER Accounts Payable Check 16.25 84981 6/28/2002 CTE COMPUTER TRAINING CENTERS Accounts Payable Check 532.00 84982 6/28/2002 CUESTA COLLEGE Accounts Payable Check 237.06 84988 6/28/2002 DANCRIS TELECOM Accounts Payable Check 867.49 84989 6/28/2002 DARRYL'S LOCK AND SAFE Accounts Payable Check 111.02 84990 6/28/2002 DAVID M FLEISHMAN Accounts Payable Check 165.17 84991 6/28/2002 DECOU LUMBER COMPANY Accounts Payable Check 242.54 84992 6/28/2002 DEPARTMENT OF JUSTICE Accounts Payable Check 3,967.00 84993 6/28/2002 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 1,934.57 84994 6/28/2002 DLT SOLUTIONS,INC. Accounts Payable Check 973.83 84995 6/28/2002 KELLI DOWNS Accounts Payable Check 606.67 84996 6/28/2002 ECONOMIC VITALITY CORP OF SLO Accounts Payable Check 1,057.50 84997 6/28/2002 ELECTRIC MOTOR REWINDING CO Accounts Payable Check 174.39 84998 6/28/2002 ENGINEERING DEVELOPMENT ASSC Accounts Payable Check 6,237.50 84999 6/28/2002 ESCUELA DEL RIO Accounts Payable Check 46.80 85000 6/28/2002 FARWEST LINE SPECIALTIES Accounts Payable Check 245.60 85001 6/28/2002 FENCE FACTORY ATASCADERO Accounts Payable Check 17 85002 6/28/2002 FERRELL'S AUTO REPAIR Accounts Payable Check 19 . X455 City of Atascadero Disbursement Listing For the Month of June 2002 Check Check Aft6u:nber Date Vendor Description Amount 85003 6/28/2002 FGL ENVIRONMENTAL Accounts Payable Check 195.30 85004 6/28/2002 FIRE OUT UNIFORM COMPANY Accounts Payable Check 311.48 85005 6/28/2002 FIRSTLINE,LLC Accounts Payable Check 176.96 85006 6/28/2002 FOOD FOR LESS Accounts Payable Check 234.00 85007 6/28/2002 FRAZEE PAINTS Accounts Payable Check 606.42 85008 6/28/2002 ANDREW FRUIN Accounts Payable Check 85.76 85009 6/28/2002 GALL'S INC. Accounts Payable Check 191.58 85010 6/28/2002 KAREN GARMAN Accounts Payable Check 420.00 85011 6/28/2002 GAS COMPANY Accounts Payable Check 501.66 85012 6/28/2002 GEM AUTO PARTS Accounts Payable Check 397.63 85013 6/28/2002 GENERAL HOSPITAL Accounts Payable Check 31.00 85014 6/28/2002 MATTHEW A.GIANAS Accounts Payable Check 165.00 85015 6/28/2002 GIBBS SECURITY GATES Accounts Payable Check 341.00 85016 6/28/2002 MIKE GIL Accounts Payable Check 197.00 85017 6/28/2002 KENNETH GLYNN Accounts Payable Check 189.00 85018 6/28/2002 GREAT WEST EQUIPMENT,INC Accounts Payable Check 6,697.76 85019 6/28/2002 GREENSCAPE AERATION CO. Accounts Payable Check 35.00 • 85020 6/28/2002 GRISANTI HARDWARE Accounts Payable Check 55.40 85021 6/28/2002 H.D.PETERSON Accounts Payable Check 2,300.00 85022 6/28/2002 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 3,347.74 85023 6/28/2002 VALERIE HUMPHREY Accounts Payable Check 114.61 85024 6/28/2002 INDUSTRIAL MEDICAL CENTER OF Accounts Payable Check 450.00 85025 6/28/2002 INFORMATION SERVICES DIVISION Accounts Payable Check 2,160.30 85026 6/28/2002 EVELYN INGRAM Accounts Payable Check 422.10 85027 6/28/2002 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 210.00 85028 6/28/2002 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 28.08 85029 6/28/2002 LESLYN KEITH Accounts Payable Check 42.00 85030 6/28/2002 BRIAN KENNEDY Accounts Payable Check 90.00 85031 6/28/2002 KIM KING Accounts Payable Check 120.00 85032 6/28/2002 LORI KRIVACSY Accounts Payable Check 175.00 85033 6/28/2002 LAIDLAW TRANSIT SERVICES,INC. Accounts Payable Check 13,861.05 85034 6/28/2002 APRIL LAMBIRT 4 Accounts Payable Check 38.50 85035 6/28/2002 JANET LANGTON Accounts Payable Check 32.00 85036 6/28/2002 LEE WILSON ELECTRIC CO.INC Accounts Payable Check 381.83 • 85037 6/28/2002 LYNDON'S AUTOMOTIVE Accounts Payable Check 183.10 u6 City of Ataseadero Disbursement Listing For the Month of June 2002 Check Check Number Date Vendor Description Amnuniift 85038 6/28/2002 LYNN PEAVEY COMPANY Accounts Payable Check 298_ 85039 6/28/2002 ANNETTE MANIER Accounts Payable Check 199.54 85040 6/28/2002 RICHARD J.MCCOY Accounts Payable Check 153.00 85041 6/28/2002 SAM MCMILLAN Accounts Payable Check 135.00 85042 6/28/2002 MID-COAST MOWER&SAW Accounts Payable Check 207.96 85043 6/28/2002 MIDTOWN SPORTS,INC. Accounts Payable Check 2,185.71 85044 6/28/2002 MISSION UNIFORM SERVICE Accounts Payable Check 120.30 85045 6/28/2002 DAVID MUEHLHAUSEN Accounts Payable Check 50.71 85046 6/28/2002 NORTH COAST ENGINEERING INC. Accounts Payable Check 6,415.80 85047 6/28/2002 NORTH COUNTY GLASS Accounts Payable Check 215.47 85048 6/28/2002 OAK COUNTRY LUMBER&RANCH Accounts Payable Check 1,791.00 85049 6/28/2002 OFFICEMAX CREDIT PLAN Accounts Payable Check 42.89 85050 6/28/2002 ORCHARD SUPPLY HARDWARE Accounts Payable Check 111.83 85051 6/28/2002 OUTLET TOOL SUPPLY Accounts Payable Check 125.56 85052 6/28/2002 PACIFIC BELL Accounts Payable Check 245.84 85053 6/28/2002 PACIFIC BELL/WORLDCOM Accounts Payable Check 299.33 85054 6/28/2002 PACIFIC COAST BUSINESS TIMES Accounts Payable Check 42.99 85055 6/28/2002 PACIFIC GAS&ELECTRIC Accounts Payable Check 52,45 0 85057 6/28/2002 PACIFIC GAS AND ELECTRIC Accounts Payable Check 28,198.58 85058 6/28/2002 PACIFIC HOME DO IT CENTER Accounts Payable Check 43.28 85059 6/28/2002 PAPER WORKS Accounts Payable Check 95.59 85060 6/28/2002 MIKE PEREZ Accounts Payable Check 15.00 85061 6/28/2002 PITNEY BOWES,INC. Accounts Payable Check 9.99 85062 6/28/2002 POOR RICHARD'S PRESS Accounts Payable Check 1,092.14 85063 6/28/2002 PRIMARY EYECARE CENTER Accounts Payable Check 60.00 85064 6/28/2002 PRO MOTION Accounts Payable Check 312.30 85065 6/28/2002 GRACE L.PUCCI Accounts Payable Check 345.00 85066 6/28/2002 QUILL CORPORATION Accounts Payable Check 1,019.49 85067 6/28/2002 QUINLAN PUBLISHING GROUP Accounts Payable Check 89.00 85068 6/28/2002 QUINN RENTAL SERVICES Accounts Payable Check 523.66 85069 6/28/2002 RADIO SHACK Accounts Payable Check 301.85 85070 6/28/2002 RAINBOW MEALWORMS,INC. Accounts Payable Check 83.27 85071 6/28/2002 RDJ SPECIALTIES,INC. Accounts Payable Check 750.97 85072 6/28/2002 RECOGNITION WORKS Accounts Payable Check 174.29 85073 6/28/2002 RHINO DESIGN Accounts Payable Check 21 85074 6/28/2002 STEVE ROMO Accounts Payable Check 139. 0:4 7 City of Atascadero Disbursement Listing For the Month of June 2002 Check Check umber Date Vendor Description Amount 85075 6/28/2002 JASON ROTH Accounts Payable Check 92.50 85076 6/28/2002 SAN JOAQUIN SUPPLY COMPANY Accounts Payable Check 184.60 85077 6/28/2002 SAN LUIS PAINTS Accounts Payable Check 35.51 85078 6/28/2002 SANTA MARIA TIRE,INC. Accounts Payable Check 249.05 85079 6/28/2002 LISETTE SCHOLL Accounts Payable Check 130.20 85080 6/28/2002 SDG ARCHITECTS,INC. Accounts Payable Check 3,000.00 85081 6/28/2002 JOHN SIEMENS Accounts Payable Check 1,066.70 85082 6/28/2002 SIERRA VISTA REGIONAL MED CTR Accounts Payable Check 248.00 85083 6/28/2002 SLIGH CABINETS,INC Accounts Payable Check 392.00 85084 6/28/2002 SOLUTIONS 4 SURE.COM,INC. Accounts Payable Check 511.00 85085 6/28/2002 SOUZA CONSTRUCTION INC. Accounts Payable Check 140 519.41 85086 6/28/2002 STATE WATER RES CONTROL BOARD Accounts Payable Check 50.00 85087 6/28/2002 STERLING COMMUNICATIONS Accounts Payable Check 759.58 85088 6/28/2002 STEWART'S WHEEL SHOP Accounts Payable Check 50.00 85089 6/28/2002 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 23.03 85090 6/28/2002 TRIBUNE Accounts Payable Check 1,668.80 85091 6/28/2002 UNITED GREEN MARK,INC. Accounts Payable Check 486.79 85092 6/28/2002 USA AUTO GLASS Accounts Payable Check 45.00 85093 6/28/2002 VOID Accounts Payable Check 0.00 85094 6/28/2002 C/O ALLFIRST VFIS Accounts Payable Check 3,232.00 85095 6/28/2002 VIKING OFFICE PRODUCTS Accounts Payable Check 31.59 85096 6/28/2002 DAVID M.VOLK Accounts Payable Check 625.00 85097 6/28/2002 VONS Accounts Payable Check 179.33 85098 6/28/2002 W.W.GRAINGER,INC. Accounts Payable Check 83.79 85099 6/28/2002 WAYCO-NORTH COUNTY FIRE PROT Accounts Payable Check 35.13 85100 6/28/2002 WESTERN FARM SERVICE,INC. Accounts Payable Check 998.22 85101 6/28/2002 WESTERN JANITOR SUPPLY Accounts Payable Check 401.17 85102 6/28/2002 WHITAKER CONTRACTORS,INC. Accounts Payable Check 9,962.65 85103 6/28/2002 WILLIAMS HOUSE OF CARPETS,INC Accounts Payable Check 1,537.00 85104 6/28/2002 WILSON LAND SURVEYS Accounts Payable Check 1,905.00 85105 6/28/2002 ZOO MED LABORATORIES,INC. Accounts Payable Check 313.44 85106 6/28/2002 ZUMAR INDUSTRIES,INC. Accounts Payable Check 268.95 $ 1,016,082.60 0 ITEM NUMBER: A _ DATE: 09/10/2002 1818 ■ 1979 � cm Atascadero City Council Staff Report-Administrative Services Department JULY 2002 ACCOUNTS PAYABLE & PAYROLL RECOMMENDATION Approve certified City accounts payable,payroll and payroll vendor checks for July 2002. DISCUSSION Attached for City Council review and approval are the following: Payroll Dated 07/03/02 Checks# 14404- 14570 $ 186,988.30 • Dated 07/18/02 Checks# 14571 - 14759 211,257.32 Accounts Payable Dated July 1-31, 2002 Checks # 85107 - 85510 &EFTs 608,767.76 TOTAL AMOUNT $ 1,007,013.38 FISCAL IMPACT Total expenditures for all funds is $ 1,007,013.38 CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. ?tn'- RachelRickard,Administrative Services hector Approved by the City Council at a meeting held September 10, 2002. • Marcia M.Torgerson, City Clerk ATTACHMENT: July 2002 Eden Warrant Register in the amount of $ 608,767.76 X49 City of Atascadero Disbursement Listing For the Month of July 2002 Check Check Number Date Vendor Description Amoun 152 7/3/2002 MID-STATE BANK Accounts Payable Check 206.10 85124 7/3/2002 CCAC Accounts Payable Check 303.00 85125 7/3/2002 DRIVER ALLIANT INSURANCE Accounts Payable Check 2,811.00 85126 7/3/2002 FOOD FOR LESS Accounts Payable Check 82.62 85127 7/3/2002 ANDREW FRUIN Accounts Payable Check 3,046.23 85128 7/3/2002 MARIN CONSULTING ASSC Accounts Payable Check 1,002.00 85129 7/3/2002 BARBARA PATTON Accounts Payable Check 30.00 85107 7/5/2002 ATASCADERO FED.CREDIT UNION Payroll Vendor Payment 4,930.00 85108 7/5/2002 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 240.00 85109 7/5/2002 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 30.00 85110 7/5/2002 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 374.00 85111 7/5/2002 COUNTY-CITY EMPLOYEES CU Payroll Vendor Payment 895.00 85112 7/5/2002 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 8,090.03 85113 7/5/2002 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 679.16 85114 7/5/2002 FAMILY SUPPORT DIVISION Payroll Vendor Payment 369.23 85115 7/5/2002 HARTFORD LIFE INSURANCE Payroll Vendor Payment 5,634.92 85116 7/5/2002 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 600 85117 7/5/2002 KENNEDY CLUB FITNESS Payroll Vendor Payment 79.50 85118 7/5/2002 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 32.31 85119 7/5/2002 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 18,262.86 85120 7/5/2002 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 493.09 85121 7/5/2002 FAMILY SUPPORT DIVISION Payroll Vendor Payment 498.00 85122 7/5/2002 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 38.00 85123 7/5/2002 WASHINGTON MUTUAL BANK Payroll Vendor Payment 1,401.07 153 7/9/2002 MID-STATE BANK Payroll Vendor Payment 35,374.06 85130 7/10/2002 GERALD J.HARDER Accounts Payable Check 180.00 85131 7/10/2002 VOID Accounts Payable Check 0.00 85132 7/10/2002 ROBERT F.DRIVER COMPANY,INC Accounts Payable Check 2,291.00 85133 7/12/2002 AAA TINT Accounts Payable Check 645.38 85134 7/12/2002 ACE DOOR&TRIM Accounts Payable Check 77.22 85135 7/12/2002 ACTION FAX&PRINTER Accounts Payable Check 128.70 85136 7/12/2002 ACTIVE NETWORK Accounts Payable Check 745.39 85137 7/12/2002 ALBERTSONS Accounts Payable Check 270 G50 City of Atascadero Disbursement Listing For the Month of July 2002 Check Check Aftium Date Vendor Description Amount 85138 7/12/2002 KAILA ANDERSON Accounts Payable Check 5.00 85139 7/12/2002 ANDERSON'S AUTO SERVICES Accounts Payable Check 100.73 85140 7/12/2002 ARAMARK UNIFORM SERVICES Accounts Payable Check 396.89 85141 7/12/2002 ASCENT GIS Accounts Payable Check 5,530.00 85142 7/12/2002 AT&T Accounts Payable Check 7.03 85143 7/12/2002 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 1,900.00 85144 7/12/2002 ATASCADERO FORD Accounts Payable Check 1,756.39 85146 7/12/2002 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 11,850.00 85147 7/12/2002 ATASCADERO NEWS Accounts Payable Check 112.00 85148 7/12/2002 ATASCADERO RUBBER STAMP CO Accounts Payable Check 35.29 85149 7/12/2002 ATASCADERO YOUTH TASK FORCE Accounts Payable Check 176.75 85150 7/12/2002 AVAYA INC. Accounts Payable Check 22.41 85151 7/12/2002 JOANNE BARTO Accounts Payable Check 5.00 85152 7/12/2002 FRANCO BECHARA Accounts Payable Check 93.53 85153 7/12/2002 CINDY K.BENSON Accounts Payable Check 243.60 85154 7/12/2002 BILLOW'S CUSTOM EMBROIDERY Accounts Payable Check 256.83 85155 7/12/2002 BLANGSTED PAINTING Accounts Payable Check 467.00 . 85156 7/12/2002 BLUE RIDGE MEDICAL INC Accounts Payable Check 73.10 85157 7/12/2002 BOB KEULEN CONSTRUCTION Accounts Payable Check 9,002.00 85158 7/12/2002 BRADSHAW CONSULTING SERV.,INC Accounts Payable Check 17,476.00 85159 7/12/2002 JACK BRIDWELL Accounts Payable Check 6,970.00 85160 7/12/2002 SANDRA BUCK-MOYER Accounts Payable Check 5.00 85161 7/12/2002 BURTON'S FIRE APPARATUS Accounts Payable Check 41.74 85162 7/12/2002 CAL-COAST REFRIGERATION,INC Accounts Payable Check 352.73 85163 7/12/2002 CAL-STATE AUTO GLASS Accounts Payable Check 128.12 85164 7/12/2002 CALIFORNIA CODE CHECK Accounts Payable Check 17,470.60 85165 7/12/2002 CANNON ASSOCIATES Accounts Payable Check 3,177.91 85166 7/12/2002 CARDIFF Accounts Payable Check 1,089.77 85167 7/12/2002 CDW GOVERNMENT,INC. Accounts Payable Check 2)210.64 85168 7/12/2002 CONSOLIDATED ELECTRICAL CED Accounts Payable Check 651.02 85169 7/12/2002 CELLULARONE Accounts Payable Check 882.39 85170 7/12/2002 CENTRAL COAST LOCK&KEY Accounts Payable Check 1,038.02 85171 7/12/2002 CENTRAL COAST SANITATION Accounts Payable Check 165.00 85172 7/12/2002 CHEVRON Accounts Payable Check 2,417.15 • 85173 7/12/2002 CHEVRON Accounts Payable Check 401.31 85174 7/12/2002 DENNIS CHILDRESS Accounts Payable Check 1,360.00 City of Atascadero Disbursement Listing For the Month of July 2002 Check Check Number Date Vendor Description AmouAft 85175 7/12/2002 CLEAR SOLUTIONS Accounts Payable Check 1 06 0 85176 7/12/2002 CMC RESCUE,INC. Accounts Payable Check 1,392.66 85177 7/12/2002 COASTAL IMAGING SUPPLIES Accounts Payable Check 640.29 85178 7/12/2002 RUTH COBB Accounts Payable Check 5.00 85179 7/12/2002 CORNERS LIMITED Accounts Payable Check 1,900.00 85180 7/12/2002 CRM LEARNING Accounts Payable Check 380.36 85181 7/12/2002 CRYSTAL SPRINGS WATER Accounts Payable Check 107.25 85182 7/12/2002 CUESTA EQUIPMENT Accounts Payable Check 51.99 85183 7/12/2002 DAVID M FLEISHMAN Accounts Payable Check 12.00 85184 7/12/2002 DECOU LUMBER COMPANY Accounts Payable Check 11,652.56 85185 7/12/2002 DELTA RV Accounts Payable Check 750.00 85186 7/12/2002 ZACHARY DUNCAN Accounts Payable Check 10.00 85187 7/12/2002 EL CAMINO BUILDING SUPPLY Accounts Payable Check 2,311.45 85188 7/12/2002 EL CAMINO CAR WASH LLC Accounts Payable Check 171.75 85189 7/12/2002 EL CAMINO VETERINARY HOSP Accounts Payable Check 9.50 85190 7/12/2002 EXXON MOBIL Accounts Payable Check 724.97 85191 7/12/2002 EZ SYSTEMS Accounts Payable Check 2 577 85192 7/12/2002 FARM SUPPLY COMPANY Accounts Payable Check 85193 7/12/2002 FARWEST LINE SPECIALTIES Accounts Payable Check 491.20 85194 7/12/2002 FEDERAL EXPRESS Accounts Payable Check 69.16 85195 7/12/2002 FENCE FACTORY SANTA MARIA Accounts Payable Check 1,489.00 85196 7/12/2002 FGL ENVIRONMENTAL Accounts Payable Check 162.00 85197 7/12/2002 TRACEY FINEGAN Accounts Payable Check 5.00 85198 7/12/2002 FIRST AMERICAN TITLE CO Accounts Payable Check 100.00 85199 7/12/2002 FOOD FOR LESS Accounts Payable Check 236.40 85200 7/12/2002 FOX&SOHAGI,LLP Accounts Payable Check 6,865.87 85201 7/12/2002 FRAZEE PAINTS Accounts Payable Check 183.04 85202 7/12/2002 GALL'S INC. Accounts Payable Check 1,256.54 85203 7/12/2002 GAS COMPANY Accounts Payable Check 68.36 85204 7/12/2002 GATEWAY COMPANIES,INC. Accounts Payable Check 1,551.91 85205 7/12/2002 GEM AUTO PARTS Accounts Payable Check 103.33 85206 7/12/2002 KENNETH GLYNN Accounts Payable Check 333.90 85207 7/12/2002 GRISANTI HARDWARE Accounts Payable Check 92.84 85208 7/12/2002 H.D.PETERSON Accounts Payable Check 24.67 85209 7/12/2002 HALL RESEARCH TECHNOLOGIES INC Accounts Payable Check 20 6aZ2 City of Atascadero Disbursement Listing For the Month of July 2002 Check Check umber Date Vendor Description Amount 85210 7/12/2002 HANSON AGGREGATES MID-PACIFIC Accounts Payable Check 21.45 85211 7/12/2002 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 1,031.27 85212 7/12/2002 NATHAN HASCH Accounts Payable Check 26.50 85213 7/12/2002 DEBORAH HOBBS Accounts Payable Check 5.00 85214 7/12/2002 HOBBY SHOP Accounts Payable Check 1,803.50 85215 7/12/2002 HON Accounts Payable Check 194.14 85216 7/12/2002 HRDQ Accounts Payable Check 467.25 85217 7/12/2002 INDUSTRIAL MEDICAL CENTER OF Accounts Payable Check 166.00 85218 7/12/2002 J.S.M.ELECTRIC Accounts Payable Check 1,875.00 85219 7/12/2002 JAMES C.CUSHMAN,INC. Accounts Payable Check 16,680.00 85220 7/12/2002 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 28.19 85221 7/12/2002 DAVID&CINDY JOHNSON Accounts Payable Check 6,378.24 85222 7/12/2002 K-MART Accounts Payable Check 144.12 85223 7/12/2002 LESLYN KEITH Accounts Payable Check 28.00 85224 7/12/2002 KEN'S MOBIL SERVICE Accounts Payable Check 1,436.55 85225 7/12/2002 KNB ADVERTISING Accounts Payable Check 380.38 85226 7/12/2002 L.N.CURTIS&SONS Accounts Payable Check 4,262.72 • 85227 7/12/2002 LIFE ASSIST,INC. Accounts Payable Check 479.49 85228 7/12/2002 LINCOLN EQUIPMENT,INC. Accounts Payable Check 167.12 85229 7/12/2002 LONGS DRUG STORES Accounts Payable Check 72.11 85230 7/12/2002 LYNDON'S AUTOMOTIVE Accounts Payable Check 34.00 85231 7/12/2002 LYNN PEAVEY COMPANY Accounts Payable Check 29.50 85232 7/12/2002 MADRONE LANDSCAPING Accounts Payable Check 5,026.13 85233 7/12/2002 MARINE RESCUE PRODUCTS,INC. Accounts Payable Check 298.93 85234 7/12/2002 MARGARET MCCARDWELL Accounts Payable Check 5.00 85235 7/12/2002 STEVE MCHARRIS Accounts Payable Check 54.10 85236 7/12/2002 MCMASTER-CARR SUPPLY CO. Accounts Payable Check 176.92 85237 7/12/2002 CORY MEYER Accounts Payable Check 120.00 85238 7/12/2002 MICHAEL FREDERICK PAVING,INC. Accounts Payable Check 1,600.00 85239 7/12/2002 MID-COAST MOWER&SAW Accounts Payable Check 21.21 85240 7/12/2002 MISSION UNIFORM SERVICE Accounts Payable Check 66.67 85241 7/12/2002 NORTH COUNTY GLASS Accounts Payable Check 387.09 85242 7/12/2002 NORTHERN ENERGY Accounts Payable Check 98.86 85243 7/12/2002 NORTHWEST BUSINESS STAMP Accounts Payable Check 145.95 • 85244 7/12/2002 OMNI-MEANS,INC. Accounts Payable Check 9,911.99 85245 7/12/2002 OUTLET TOOL SUPPLY Accounts Payable Check 9.00 1J.� City of Atascadero Disbursement Listing For the Month of July 2002 Check Check Number Date Vendor Description Amn"Aft 85246 7/12/2002 PACIFIC BELL Accounts Payable Check 658. 85247 7/12/2002 PACIFIC BELL/WORLDCOM Accounts Payable Check 636.19 85249 7/12/2002 PACIFIC GAS AND ELECTRIC Accounts Payable Check 33 210.38 85250 7/12/2002 PACIFIC HOME DO IT CENTER Accounts Payable Check 183.58 85251 7/12/2002 PAPER WORKS Accounts Payable Check 471.25 85252 7/12/2002 PASO ROBLES ELECTRIC,INC. Accounts Payable Check 2,550.77 85253 7/12/2002 PASO ROBLES WELDING Accounts Payable Check 227.56 85254 7/12/2002 BARBARA PATTON Accounts Payable Check 9.30 85255 7/12/2002 PENNY MEN Accounts Payable Check 255.85 85256 7/12/2002 PERRY'S ELECTRIC MOTORS&CTRL Accounts Payable Check 1,358.76 85257 7/12/2002 PERRY'S PARCEL SERVICE Accounts Payable Check 209.80 85258 7/12/2002 PFLUM'S ATASCADERO MUFFLER Accounts Payable Check 159.42 85259 7/12/2002 PMW ASSOCIATES Accounts Payable Check 296.00 85260 7/12/2002 POOR RICHARD'S PRESS Accounts Payable Check 19.05 85261 7/12/2002 PRO MOTION Accounts Payable Check 261.36 85262 7/12/2002 GRACE L.PUCCI Accounts Payable Check 645.00 85263 7/12/2002 QUILL CORPORATION Accounts Payable Check 73 85264 7/12/2002 RADIO SHACK Accounts Payable Check 8 85265 7/12/2002 RADIOLOGY ASSOCIATES OF SLO Accounts Payable Check 41.00 85266 7/12/2002 RECOGNITION WORKS Accounts Payable Check 202.70 85267 7/12/2002 RICK BUTLER BUSINESS MACHINES Accounts Payable Check 116.87 85268 7/12/2002 MARK E.RIDER Accounts Payable Check 140.00 85269 7/12/2002 CAROLE ROBINSON Accounts Payable Check 140.00 85270 7/12/2002 ROYAL CHEMICAL INC. Accounts Payable Check 175.54 85271 7/12/2002 RUSSCO Accounts Payable Check 1,128.29 85272 7/12/2002 SAFETY-KLEEN INC. Accounts Payable Check 109.25 85273 7/12/2002 SAN LUIS PERSONNEL INC. Accounts Payable Check 267.20 85274 7/12/2002 SAN LUIS POWERHOUSE Accounts Payable Check 315.27 85275 7/12/2002 SANTA MARIA TIRE,INC. Accounts Payable Check 215.70 85276 7/12/2002 CHRISTINE SEDLEY Accounts Payable Check 5.00 85277 7/12/2002 SETON IDENTIFICATION PRODUCTS Accounts Payable Check 176.25 85278 7/12/2002 SIGN OUTLET Accounts Payable Check 430.26 85279 7/12/2002 SIR SPEEDY Accounts Payable Check 203.66 85280 7/12/2002 SLO COUNTY FIRE DEPARTMENT Accounts Payable Check 25.00 85281 7/12/2002 SLORTA Accounts Payable Check 3,0010 - 4 City of Atascadero Disbursement Listing For the Month of July 2002 Check Check umber Date Vendor Description Amount 85282 7/12/2002 SMART AND FINAL Accounts Payable Check 77.54 85283 7/12/2002 ROLAND SNOW Accounts Payable Check 99.40 85284 7/12/2002 SOLUTIONS 4 SURE.COM,INC. Accounts Payable Check 1,464.61 85285 7/12/2002 VICTORIA STONE Accounts Payable Check 5.00 85286 7/12/2002 SUN BADGE COMPANY Accounts Payable Check 37.48 85287 7/12/2002 SUNLIGHT JANITORIAL Accounts Payable Check 1,180.00 85288 7/12/2002 SUNSET BUS Accounts Payable Check 928.80 85289 7/12/2002 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 6,912.26 85290 7/12/2002 TEMPLETON UNIFORMS Accounts Payable Check 1,084.01 85291 7/12/2002 DIANA TIMMONS Accounts Payable Check 5.00 85292 7/12/2002 TOM FLYNN&SONS Accounts Payable Check 1,800.00 85293 7/12/2002 TOWN&COUNTRY FENCING Accounts Payable Check 2,220.00 85294 7/12/2002 TRIBUNE Accounts Payable Check 439.27 85295 7/12/2002 TURF STAR,INC. Accounts Payable Check 81.36 85296 7/12/2002 ULTIMATE SYSTEMS LIMITED Accounts Payable Check 102.33 85297 7/12/2002 UNION ASPHALT,INC. Accounts Payable Check 69.22 85298 7/12/2002 UNOCAL Accounts Payable Check 2,013.85 • 85299 7/12/2002 VERIZON WIRELESS Accounts Payable Check 82.39 85300 7/12/2002 VIKING OFFICE PRODUCTS Accounts Payable Check 102.32 85301 7/12/2002 VOID Accounts Payable Check 0.00 85302 7/12/2002 WEST-MARK Accounts Payable Check 174.90 85303 7/12/2002 WESTERN FARM SERVICE,INC. Accounts Payable Check 1,342.21 85304 7/12/2002 WESTERN JANITOR SUPPLY Accounts Payable Check 319.90 85305 7/12/2002 YOLANDA WHORTON Accounts Payable Check 5.00 85306 7/12/2002 WILSON LAND SURVEYS Accounts Payable Check 2,235.00 85307 7/12/2002 DONEALIA WISSMAN Accounts Payable Check 5.00 85308 7/12/2002 WOODWARD ACOUSTICS,INC. Accounts Payable Check 650.00 85309 7/12/2002 RANDY L.WRIGHT Accounts Payable Check 735.00 85310 7/12/2002 YESTERDAYS SPORTSWEAR Accounts Payable Check 3,939.29 85311 7/12/2002 ZUMAR INDUSTRIES,INC. Accounts Payable Check 177.62 85312 7/17/2002 AT&T Accounts Payable Check 22.80 85313 7/17/2002 ATASCADERO NEWS Accounts Payable Check 969.50 85314 7/17/2002 BOB KEULEN CONSTRUCTION Accounts Payable Check 2,664.00 • 85315 7/17/2002 CMC RESCUE,INC. Accounts Payable Check 218.17 85316 7/17/2002 COASTAL IMAGING SUPPLIES Accounts Payable Check 67.57 U55 City of Ataseadero Disbursement Listing For the Month of July 2002 Check Check Number Date Vendor Description pyo ns 85317 7/17/2002 CUESTA COLLEGE Accounts Payable Check 39 . 85320 7/17/2002 DANCRIS TELECOM Accounts Payable Check 406.88 85321 7/17/2002 ENGINEERING DEVELOPMENT ASSC Accounts Payable Check 1,441.00 85322 7/17/2002 HINDERLITER,DE LLAMAS Accounts Payable Check 4,025.31 85323 7/17/2002 JACK BRAZEAL'S TREE CONSULTING Accounts Payable Check 110.00 85324 7/17/2002 CHUCK KENDRICK Accounts Payable Check 51.00 85325 7/17/2002 LAIDLAW TRANSIT SERVICES,INC. Accounts Payable Check 12 277.12 85326 7/17/2002 MASTERCARD DEPARTMENT 1850 Accounts Payable Check 1,652.75 85327 7/17/2002 MASTERCARD DEPARTMENT 4101 Accounts Payable Check 633.77 85328 7/17/2002 MASTERCARD DEPARTMENT 4135 Accounts Payable Check 1,957.72 85329 7/17/2002 MASTERCARD DEPARTMENT 4150 Accounts Payable Check 2,043.11 85330 7/17/2002 MASTERCARD DEPARTMENT 4168 Accounts Payable Check 184.85 85331 7/17/2002 MASTERCARD DEPARTMENT 6082 Accounts Payable Check 11.33 85332 7/17/2002 MASTERCARD DEPARTMENT 6090 Accounts Payable Check 247.20 85333 7/17/2002 MASTERCARD DEPARTMENT 6108 Accounts Payable Check 310.54 85334 7/17/2002 MASTERCARD DEPARTMENT 9902 Accounts Payable Check 58.88 85335 7/17/2002 FINANCE DEPARTMENT PETTY CASH Accounts Payable Check 237.33 85336 7/17/2002 STEVE ROMO Accounts Payable Check 50 85337 7/17/2002 TOM SILVA Accounts Payable Check 51.00 85338 7/17/2002 JASON SMITH Accounts Payable Check 230.00 85339 7/17/2002 CHUCK SPAHR Accounts Payable Check 120.00 85340 7/17/2002 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 197.50 85341 7/17/2002 U.S.BANK Accounts Payable Check 862.50 85342 7/17/2002 BRADY CHERRY Accounts Payable Check 300.00 85343 7/17/2002 CYRUS CLARKS Accounts Payable Check 250.00 85344 7/17/2002 WARREN FRACE Accounts Payable Check 300.00 85345 7/17/2002 STEVEN KAHN Accounts Payable Check 300.00 85346 7/17/2002 MITCH LATTING Accounts Payable Check 250.00 85347 7/17/2002 LAW OFFICE OF STEPHEN BECKER Accounts Payable Check 5,000.00 85348 7/17/2002 WADE MCKINNEY Accounts Payable Check 500.00 85349 7/17/2002 PAUL MILLER Accounts Payable Check 51.00 85350 7/17/2002 FINANCE DEPARTMENT PETTY CASH Accounts Payable Check 126.80 85351 7/17/2002 PROGRESSIVE SOLUTIONS,INC. Accounts Payable Check 3,370.50 85352 7/17/2002 RACHELLE RICKARD Accounts Payable Check 300.00 85353 7/17/2002 TOM SILVA Accounts Payable Check 50 &5W City of Atascadero Disbursement Listing For the Month of July 2002 Check Check Aftumber Date Vendor Description Amount 85354 7/19/2002 CANADA LIFE ASSURANCE CO Payroll Vendor Payment 777.28 85355 7/19/2002 COLONIAL LIFE&ACCIDENT INS. Payroll Vendor Payment 1,981.29 85356 7/19/2002 CPIC LIFE Payroll Vendor Payment 1,556.00 85357 7/19/2002 DELTA DENTAL,ATTN:ACCOUNTING Payroll Vendor Payment 6,821.32 85358 7/19/2002 EQUITABLE LIFE Payroll Vendor Payment 348.88 85359 7/19/2002 LIFEGUARD INC. Payroll Vendor Payment 44 120.12 85360 7/19/2002 ATASCADERO FED.CREDIT UNION Payroll Vendor Payment 5,150.00 85361 7/19/2002 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 240.00 85362 7/19/2002 ATASCADERO FIRE RESERVES ASSN Payroll Vendor Payment 60.00 85363 7/19/2002 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 30.00 85364 7/19/2002 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 387.75 85365 7/19/2002 COUNTY-CITY EMPLOYEES CU Payroll Vendor Payment 625.00 85366 7/19/2002 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 7,841.59 85367 7/19/2002 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 671.24 85368 7/19/2002 FAMILY SUPPORT DIVISION Payroll Vendor Payment 369.23 85369 7/19/2002 HARTFORD LIFE INSURANCE Payroll Vendor Payment 6,332.99 85370 7/19/2002 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 1,000.00 • 85371 7/19/2002 KENNEDY CLUB FITNESS Payroll Vendor Payment 79.50 85372 7/19/2002 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 32.31 85373 7/19/2002 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 18,625.24 85374 7/19/2002 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 512.67 85375 7/19/2002 FAMILY SUPPORT DIVISION Payroll Vendor Payment 498.00 85376 7/19/2002 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 38.00 85377 7/19/2002 WASHINGTON MUTUAL BANK Payroll Vendor Payment 1,411.78 154 7/23/2002 MID-STATE BANK Payroll Vendor Payment 35,358.90 85378 7/25/2002 ADAMSON INDUSTRIES Accounts Payable Check 96.11 85379 7/25/2002 AFSS-SOUTHERN DIVISION Accounts Payable Check 50.00 85380 7/25/2002 AIR-LEFT REFRIGERATION&HTG Accounts Payable Check 1,200.00 85381 7/25/2002 AMERICAN FIRE JOURNAL Accounts Payable Check 22.95 85382 7/25/2002 AMERICAN INDUSTRIAL SUPPLY Accounts Payable Check 227.90 85383 7/25/2002 AMERICAN RED CROSS Accounts Payable Check 850.00 85384 7/25/2002 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 166.40 85385 7/25/2002 ANDERSON'S AUTO SERVICES Accounts Payable Check 468.56 85386 7/25/2002 ARAMARK UNIFORM SERVICES Accounts Payable Check 307.84 85387 7/25/2002 ARCH Accounts Payable Check 1,533.12 City of Atascadero Disbursement Listing For the Month of July 2002 Check Check Number Date Vendor Description Amours 85388 7/25/2002 ASSISTANCE LEAGUE OF SLO CO. Accounts Payable Check 2 100. 85389 7/25/2002 ATASCADERO BATTERY EXCHANGE Accounts Payable Check 98.31 85390 7/25/2002 ATASCADERO FORD Accounts Payable Check 598.39 85391 7/25/2002 ATASCADERO LOAVES&FISHES Accounts Payable Check 2,500.00 85392 7/25/2002 ATASCADERO MAIN STREET Accounts Payable Check 21,750.00 85393 7/25/2002 CATHERINE BEACH Accounts Payable Check 60.00 85394 7/25/2002 JOHN N.BECCIA Accounts Payable Check 250.00 85395 7/25/2002 JIM BERMANN Accounts Payable Check 262.50 85396 7/25/2002 BIOMEDICAL CLINICAL ENGINEER Accounts Payable Check 150.00 85397 7/25/2002 BRADS OVERHEAD DOORS,INC. Accounts Payable Check 150.00 85398 7/25/2002 BRENDLER JANITORIAL SERVICE Accounts Payable Check 265.00 85399 7/25/2002 VOID Accounts Payable Check 0.00 85400 7/25/2002 C.A.P.E.ACCOUNTING Accounts Payable Check 35.00 85401 7/25/2002 CAL POLY STATE UNIVERSITY Accounts Payable Check 250.00 85402 7/25/2002 CALIFORNIA HIGHWAY PATROL Accounts Payable Check 200.00 85403 7/25/2002 CALIFORNIA MUNICIPAL Accounts Payable Check 54.00 85404 7/25/2002 CALIFORNIA PARKS&RECREATION Accounts Payable Check 385. 85405 7/25/2002 CALIFORNIA POLICE CHIEF'S ASSC Accounts Payable Check 23� 85406 7/25/2002 JIM CAMPANA Accounts Payable Check 10.00 85407 7/25/2002 CASA OF SAN LUIS OBISPO COUNTY Accounts Payable Check 2,200.00 85408 7/25/2002 CENTRAL CALIF.METRO SOFTBALL Accounts Payable Check 481.00 85409 7/25/2002 CENTRAL COAST SEA FOOD Accounts Payable Check 297.00 85410 7/25/2002 CHEM CLEAN Accounts Payable Check 11.10 85411 7/25/2002 CJP PRODUCTIONS Accounts Payable Check 1,165.00 85412 7/25/2002 CLEAN WATER SYSTEMS,INC. Accounts Payable Check 35.00 85413 7/25/2002 COUNTRY COPY Accounts Payable Check 120.12 85414 7/25/2002 COUNTY AUDITOR-CONTROLLER Accounts Payable Check 9,192.00 85415 7/25/2002 CRYSTAL SPRINGS WATER Accounts Payable Check 67.50 85416 7/25/2002 D.A.R.E.AMERICA MERCHANDISE Accounts Payable Check 450.46 85417 7/25/2002 DAN BIDDLE PEST CONTROL SERVIC Accounts Payable Check 95.00 85418 7/25/2002 DARRYL'S LOCK AND SAFE Accounts Payable Check 26.96 85419 7/25/2002 SANDRA N.DEAL PH.D. Accounts Payable Check 290.00 85420 7/25/2002 DECOU LUMBER COMPANY Accounts Payable Check 370.44 85421 7/25/2002 EL CAMINO BUILDING SUPPLY Accounts Payable Check 71.31 85422 7/25/2002 EL CAMINO HOMELESS ORG. Accounts Payable Check 2,00 85423 7/25/2002 VOID Accounts Payable Check 00 �a8 City of Atascadero Disbursement Listing For the Month of July 2002 Check Check AhNumber Date Vendor Description Amount 85424 7/25/2002 EMS PERSONNEL FUND Accounts Payable Check 130.00 85425 7/25/2002 EOC MENTORING PROGRAM Accounts Payable Check 1000.00 , 85426 7/25/2002 FAMILY SERVICES CENTER Accounts Payable Check 750.00 85427 7/25/2002 FERRELL'S AUTO REPAIR Accounts Payable Check 270.86 85428 7/25/2002 FIRE APPARATUS Accounts Payable Check 11.00 85429 7/25/2002 FIRE CHIEFS ASSC OF SLO CO Accounts Payable Check 225.00 85430 7/25/2002 FIRE ENGINEERING Accounts Payable Check 19.95 85431 7/25/2002 FIREHOUSE MAGAZINE Accounts Payable Check 28.97 85432 7/25/2002 FOOD FOR LESS Accounts Payable Check 92.22 85433 7/25/2002 FRAZEE PAINTS Accounts Payable Check 161.82 85434 7/25/2002 GEM AUTO PARTS Accounts Payable Check 386.75 85435 7/25/2002 GRISANTI HARDWARE Accounts Payable Check 56.87 85436 7/25/2002 H.D.PETERSON Accounts Payable Check 68.13 85437 7/25/2002 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 29.28 85438 7/25/2002 HOSPICE OF SLO COUNTY Accounts Payable Check 1000.00 , 85439 7/25/2002 HOTLINE OF SLO COUNTY Accounts Payable Check 1,200.00 85440 7/25/2002 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 36.48 85441 7/25/2002 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 55.58 85442 7/25/2002 K-MART Accounts Payable Check 211.26 85443 7/25/2002 CHUCK KENDRICK Accounts Payable Check 102.00 85444 7/25/2002 LEONARD J.LA CASTO Accounts Payable Check 85.00 85445 7/25/2002 LCD AUTOMOTIVE Accounts Payable Check 130.00 85446 7/25/2002 LEXIS NEXIS MATTHEW BENDER Accounts Payable Check 495.00 85447 7/25/2002 LIFESPAN SERVICES NETWORK Accounts Payable Check 750.00 85448 7/25/2002 LIFESPAN SERVICES NETWORK Accounts Payable Check 200.00 85449 7/25/2002 LIFESPAN SERVICES NETWORK Accounts Payable Check 500.00 85450 7/25/2002 LIFESPAN SERVICES NETWORK Accounts Payable Check 400.00 85451 7/25/2002 ROSEMARY S.LUSARDI Accounts Payable Check 226.80 85452 7/25/2002 LYNDON'S AUTOMOTIVE Accounts Payable Check 61.20 85453 7/25/2002 LYNN PEAVEY COMPANY Accounts Payable Check 34.95 85454 7/25/2002 RICHARD J.MCCOY Accounts Payable Check 68.00 85455 7/25/2002 WADE MCKINNEY Accounts Payable Check 260.00 85456 7/25/2002 MID-COAST MOWER&SAW Accounts Payable Check 161.09 85457 7/25/2002 MIDTOWN SPORTS,INC. Accounts Payable Check 446.77 • 85458 7/25/2002 PAUL MILLER Accounts Payable Check 102.00 �• 9 City of Atascadero Disbursement Listing For the Month of July 2002 Check Check Number Date Vendor DescriptionAmo 85459 7/25/2002 MISSION UNIFORM SERVICE Accounts Payable Check 71. 85460 7/25/2002 MOTORSPORT DEPOT S&N Accounts Payable Check 130.28 85461 7/25/2002 NATIONAL PUBLIC SAFETY INF BUR Accounts Payable Check 109.00 85462 7/25/2002 NATIONAL SEMINARS GROUP Accounts Payable Check 199.00 85463 7/25/2002 NEW HORIZONS Accounts Payable Check 1,500.00 85464 7/25/2002 NEWCO DISTRIBUTORS,INC. Accounts Payable Check 278.25 85465 7/25/2002 NORTH COUNTY GLASS Accounts Payable Check 167.83 85466 7/25/2002 NORTH COUNTY HUMANE SOCIETY Accounts Payable Check 5,000.00 85467 7/25/2002 NORTH COUNTY WOMENS SHELTER Accounts Payable Check 3,000.00 85468 7/25/2002 NORTH NET FIRE TRAINING CENTER Accounts Payable Check 1,725.00 85469 7/25/2002 OUTLET TOOL SUPPLY Accounts Payable Check 707.80 85470 7/25/2002 PACIFIC HOME DO IT CENTER Accounts Payable Check 443.37 85471 7/25/2002 PASO ROBLES SUPERIOR COURT Accounts Payable Check 2,500.00 85472 7/25/2002 PITNEY BOWES,INC. Accounts Payable Check 137.28 85473 7/25/2002 PMX MEDICAL SPECIALTY PRODUCT Accounts Payable Check 24.41 85474 7/25/2002 POSTAL PRIVILEGE Accounts Payable Check 100.00 85475 7/25/2002 PRO MOTION Accounts Payable Check 165 85476 7/25/2002 GRACE L.PUCCI Accounts Payable Check 16 85477 7/25/2002 QUILL CORPORATION Accounts Payable Check 751.67 85478 7/25/2002 RADIO SHACK Accounts Payable Check 107.24 85479 7/25/2002 RAINBOW MEALWORMS,INC. Accounts Payable Check 102.83 85480 7/25/2002 RANGE MASTERS Accounts Payable Check 50.00 85481 7/25/2002 RECOGNITION WORKS Accounts Payable Check 139.00 85482 7/25/2002 RICK BUTLER BUSINESS MACHINES Accounts Payable Check 149.57 85483 7/25/2002 ROHRER HAY&FEED SALES Accounts Payable Check 25.50 85484 7/25/2002 STEVE ROMO Accounts Payable Check 51.00 85485 7/25/2002 SAN JOAQUIN SUPPLY COMPANY Accounts Payable Check 46.12 85486 7/25/2002 SANTA MARIA TIRE,INC. Accounts Payable Check 829.26 85487 7/25/2002 SENIOR LEGAL SERVICES PROJECT Accounts Payable Check 750.00 85488 7/25/2002 SIGN OUTLET Accounts Payable Check 193.05 85489 7/25/2002 TOM SILVA Accounts Payable Check 102.00 85490 7/25/2002 SKILLPATH SEMINARS Accounts Payable Check 597.00 85491 7/25/2002 SLO BLUES BASEBALL CLUB Accounts Payable Check 91.00 85492 7/25/2002 SLO COUNTY AG TASK FORCE Accounts Payable Check 215.00 85493 7/25/2002 SLO COUNTY FIRE DEPARTMENT Accounts Payable Check "I 85494 7/25/2002 SLO WOMEN'S SOCCER Accounts Payable Check 80 l 60 City of Atascadero Disbursement Listing For the Month of July 2002 Check Check Aftumber Date Vendor Description Amount 85495 7/25/2002 SMITH&WESSON Accounts Payable Check 437.58 85496 7/25/2002 SOLANO PRESS BOOKS Accounts Payable Check 104.63 85497 7/25/2002 STAPLES INC. Accounts Payable Check 134.78 85498 7/25/2002 SUNSTORM CYCLERY Accounts Payable Check 75.00 85499 7/25/2002 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 199.16 85500 7/25/2002 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 120.00 85501 7/25/2002 THYSSENKRUPP ELEVATOR Accounts Payable Check 216.36 85502 7/25/2002 JANET TINGLEY Accounts Payable Check 567.00 85503 7/25/2002 TRANSITIONS-MENTAL HEALTH ASSC Accounts Payable Check 800.00 85504 7/25/2002 TREADWAY GRAPHICS Accounts Payable Check 630.02 85505 7/25/2002 TOM VELASQUEZ Accounts Payable Check 102.00 85506 7/25/2002 VOID Accounts Payable Check 0.00 85507 7/25/2002 KELLY WELSH Accounts Payable Check 101.98 85508 7/25/2002 WESTERN JANITOR SUPPLY Accounts Payable Check 337.76 85509 7/25/2002 WINE COUNTRY BALANCE Accounts Payable Check 125.00 155 7/26/2002 MID-STATE BANK Accounts Payable Check 45.00 156 7/26/2002 MID-STATE BANK Accounts Payable Check 45.00 85510 7/31/2002 DALE A.BYWATER Accounts Payable Check 1,202.50 $ 608,767.76 • ITEM NUMBER: A-6 DATE: 09/10/2002 • 2 i sass I. �, sa a••• Atascadero City Council Staff Report - Public Works Department Annual Disadvantaged Business Enterprise Goal RECOMMENDATION: Council adopt annual Disadvantaged Business Enterprise (DBE) participation goal. DISCUSSION: All local agencies must establish their own DBE program and set specific goals using an accepted . methodology, and are required to monitor contracts for DBE compliance. There have been no changes from the previously adopted DBE program. As required, a Public Notice has been published providing 45 days for review and comment on the proposed goal. No comments or requests for review have been received. FISCAL IMPACT: Staff time to monitor DBE Program. ATTACHMENT: DBE Goal Submittal • ti"' C1 •7 ITEM NUMBER: A-6 DATE: 09/10/2002 • ANNUAL OVERALL GOAL INFORMATION TO: CALTRANS DISTRICT 5 District Local Assistance Engineer The amount of overall goal, methodology, breakout of estimated race-neutral and race-conscious participation, and any DBE program updates are presented herein in accordance with Title 49 of the Code of Federal Regulations Part 26, and as described in the Local Assistance Procedures Manual. The City of Atascadero submits our annual overall goal for your review and comment. We propose an annual overall DBE goal of 8% for the Federal Fiscal Year 2002/2003, beginning on October 1, 20� and ending on September 30, 2003. Methodolo�v City of Atascadero's overall goal for the Federal fiscal year FY 2000-01 is the following: 8% of the Federal financial assistance in FHWA-assisted contracts. This overall goal is broken down into 5% race-conscious and 3% race-neutral components. Base Figure: # of DBE's (Construction) 109 = 10% # of Construction Contractors on NAICS 1117* • This figure was calculated as follows: • SLO COUNTY(829) 100% of Firms Listed = 829 • Monterey County(833) 10% of Firms Listed= 83 • Santa Barbara County(10 11) 10% of Firms Listed= 101 • Kern County(1049) 10% of Firms Listed= 104 • €tty ITEM NUMBER: A-6 DATE: 09/10/2002 • Base Figure: # of DBE's (Engineering) 41 = 5% # of Engineering Firms on NAICS 807* • This figure was calculated as follows: • SLO COUNTY (541) 100% of Firms Listed = 541 • Monterey County (298) 10% of Firms Listed = 30 • Santa Barbara County (1115) 10% of Firms Listed =112 • Kern County (1237) 10% of Firms Listed=124 The City of Atascadero acknowledges and is pursuing the Public participation requirement of the DBE Program. Results will be incorporated in the submittal. Breakout of Estimated Race-Neutral and Race-Conscious Participation Of the overall annual 8% goal for DBE participation, the City of Atascadero projects meeting 5% of the goal utilizing race neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBE's and other small businesses; unbundling large contracts to make them ore accessible to small businesses; encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance, and other support services to facilitate consideration of DBEs and other small businesses. The remaining 3% of • the goal is anticipated to be accomplished through race-conscious measures, which includes establishing contract specific goals on contracts with contracting possibilities, when needed, to meet the City of Atascadero's overall annual DBE goal. �9 U� DBE Liaison Officer Date • 04 ITEM NUMBER: A—7 DATE: 09/10/2002 rRi Atascadero City Council Staff Report - Public Works Department Final Tract Map 2002-0039 (Tract Map 2446) [TTM 2001-00101 7250 Santa Ysabel (Gearhart) RECOMMENDATIONS: Council: 1. Accept Final Tract Map 2002-0039 (Tract Map 2446) 2. Reject offer of dedication for Public Utilities Easements. 3. Accept 25-foot offer of dedication for streets on Santa Ysabel. 4. Authorize City Manager to execute Subdivision Improvement Agreement. • DISCUSSION: The City Council approved Tentative Tract Map 2001-0010 on April 23, 2002. The Final Map subdivides a 1.33-acre lot into 11 residential lots. 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 recommends rejecting the offer of dedication for public utility easement, and accepting the 25-foot offer of dedication on Santa Ysabel. Staff has determined that the Final Parcel Map is consistent with approved Tentative Parcel Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Tract Map 2002-0039 (Tract Map 2446) Subdivision Improvement Agreement August 13,2002 0 Final Map 2002-0039 Page 1 of 9 Exhibit A Final Parcel Map 2002-0039(Tract Map 2446) 7250 Santa Ysabel • s AGUE 4 M g� / F O RR gg t a " 0,`a p N31 3 R II >i ait ! 0 r 9 a Hv oil s R 9� t , 'r d II Y II Il 1 I I R R � III Il siII slit �� a'it y7.� 9 ��IIyy 7j � 9 p 5 11,11 1$$jls3 b ri7]f 3 �iiaS S {I -.a L33 ` sale 7 3w pa" wre�a�+saa'wa 62 it 11 yyggll. ° e It 'bY ! ! _ • August 13,2002 Final Map 2002-0039 Page 2 of 9 F. C, \ % . .� q ■| A ■ | » . � �|| |■|| h . 8 � _ . | n ■ | ■ _ ■ | 0 � % © § _ � " | .� „ | a 2 53 � |. | ° REAL | August 13,20 Final Page sa§ Exhibit B Final Parcel Map 2002-0039(Tract Map 2446) 7250 Santa Ysabel • FOR RECORDER USE ONLY RECORDING REQUESTED BY: City of Atascadero WHEN RECORDED MAIL TO: City Clerk City of Atascadero 6500 Palma Avenue Atascadero, CA. 93422 CITY OF ATASCADERO SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: NAME OF SUBDIVIDER: KELLY GEARHART • SUBDIVISION: 7250 Santa Ysabel (Tract No 2446), Atascadero, CA ESTIMATED TOTAL COST OF IMPROVEMENTS: $144,453.47 This Agreement made and entered into by and between the City of Atascadero, a municipal corporation of the State of California (hereinafter referred to as "City") and KELLY GEARHART (hereinafter referred to as "Subdivider"). RECITALS A. Subdivider has presented to the City Council of the City of Atascadero Tract Map 2446 for approval but not all of the improvements required or conditions imposed by Title 11, Chapter 8 Articles 3 and 4 and Chapter 10 of the Atascadero Municipal Code have been completed or performed. B. Subdivider desires to record Tract Map 2446 after the same has been approved by the City Council of the City of Atascadero. C. The Subdivision Laws establish as a condition precedent to the approval of a parcel map that Subdivider must have either completed, in compliance with City Standards, all of the improvements and land development work required by Tract Map 2446 or have entered into a secured agreement with City to complete the improvements and land development • within a period of time specified by City. August13,2002 Final Map 2002-0039 Page 4 of 9 -� • D. In consideration of approval of Tract Map 2446 by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at the Subdivider's own expense, all of the public improvement work required by City in connection with Subdivision. E. Improvement Plans for the construction, installation and completion of the improvements have been prepared by Subdivider and approved by the City Engineer. The Improvement Plans for Tract Map 2446 are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The Estimated Total Cost of Improvements is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. Subdivider recognizes that by approval of Tract Map 2446, City has conferred substantial rights upon Subdivider, including the right to sell, lease, or finance lots within the subdivision, and has taken the final act necessary to construct the public improvements within the subdivision. As a result, City will be damaged to the extent of the cost of installation of the improvements by Subdivider's failure to perform its obligations under this Agreement, including, but not limited to, Subdivider's obligation to commence construction of the improvements by the time established in this Agreement. • City shall be entitled to all remedies available to it pursuant to this Agreement and law in event of a default by Subdivider. It is specifically recognized that the determination of whether a reversion to acreage or rescission of Tract Map 2446 constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of City. NOW, THEREFORE, pursuant to the provisions contained in the Atascadero Municipal Code, Title 11, Chapter 10, sections 11-10.010 through 11-10.022, and in consideration of the approval by the City Council and the filing of Tract Map 2446, the parties hereto do promise and agree one with the other as follows: • August 13,2002 Final Map 2002-0039 Page 5 of 9 U09 1. Subdivider is to make and complete all of the improvements for Tract Map 2446 as shown on the Improvement Plans thereof and as required and set forth in Title • 11, Chapter 8, Articles 3 and 4, and Chapter 10, of the Atascadero Municipal Code, or as amended. 2. It is further understood and agreed by and between the parties hereto that the improvements as required by the conditions of approval for Tract Map 2446 shall be completed within one year from the Date of Agreement. These improvements include, but are not limited to the following: those shown on the plans accepted by the City Engineer and on attached Exhibit A. 3. The Subdivider promises and agrees to complete all improvement work referred to hereinabove to the satisfaction of the City Engineer. 4. If said improvement work is not completed within one year of the Date of Agreement, the Subdivider agrees that the City may elect to complete the same. 5. In the event the City elects to complete said work or improvement, the Subdivider agrees that the City may exercise it's option to declare the bond or deposit, as hereinafter described, forfeited and utilize the proceeds, including any interest, to complete said improvements or that the City may complete said improvements and recover full cost and expense thereof including reasonable attorney fees from the Subdivider and his/her surety. 6. The Subdivider shall, prior to submitting the map for filing, file an improvement security with the City, in a form acceptable to the City Attorney, in the amount of • the Estimated Total Cost of Improvements, which is the amount deemed sufficient by the City Engineer. In no case shall the improvement security be less than 100% of the Estimated Total Cost of Improvements. Further, the Subdivider shall file a security for labor and materials in the amount of the Estimated Total Cost of Improvements. The security for labor and materials shall be no less than 50% of the Estimated Total Cost of Improvements. Periodic progress payments may be authorized to the Subdivider as the improvements are completed if adequate security remains as determined by the City Engineer, however, no such progress payments shall be made for more than 90% of the value of any work. Progress payments shall only be paid on work that is completed to the satisfaction of the City Engineer. 7. The Subdivider hereby agrees that after the completion and acceptance of the improvements as specified in paragraphs 2 and 3, 10% of the improvement security shall be retained for the guarantee and warranty of the work for a period of one year. 8. It is understood and agreed by and between the parties hereto that this Agreement shall bind the heirs, executors, administrators, successors, and assigns of the respective parties to this agreement. 9. In the event legal action is taken to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover costs to enforce the Agreement, including reasonable attorney fees. • August 13,2002 Final Map 2002-0039 Page 6 of 9 • 10. The Subdivider shall, defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by the performance and attempted performance of the provisions hereof, or in any way arising out of this Agreement, including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of the Property Owner or of agents, employees, or independent contractors directly responsible to the Property Owner, providing further that the foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the Applicant, the Property Owner's agents, employees, or independent contractors. Nothing contained in the foregoing indemnity provisions shall be construed to require the Property Owner to indemnify the City against any responsibility or liability in contravention of Section 2782 of the Civil Code. 11. Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City. 12. Sale or other disposition of this property will not relieve Subdivider form the obligations set forth herein. Subdivider agrees to notify City in writing at least 30 days in advance of any actual or pending sale or other disposition of the property. If Subdivider sells the property or any portion of the property within the Subdivision to any other person, Subdivider may request a novation of this • Agreement and a substitution of security. Upon approval of the novation and substitution of securities, Subdivider may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the Subdivider of the obligations under Paragraph 2 for the work or improvement done by Subdivider. 13. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City: City: City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Subdivider: Kelly Gearhart 6205 Alcantara Ave. Atascadero, CA 93422 Surety: Hurst Financial Corporation 7340 Morro Road Atascadero, CA 93422 Phone: (805) 466-1776 • August 13,2002 Final Map 2002-0039 Page 7 of 9 14. The provisions of this Agreement are severable. If any portion of this Agreement • is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 15. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. 16. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of City, the appropriate party shall be the City Manager. • August 13,2002 Final Map 2002-0039 Page 8 of 9 G 7 2 . IN WITNESS WHEREOF the Property Owner has hereunto set his/her hand and the City has caused these presents to be signed by its duly sworn and authorized officers the day and year first hereinabove written. CITY OF ATASCADERO By: Wade G. McKinney City Manager Attest: Marcia M. Torgerson City Clerk Approved as to content: Steven B. Kahn, P.E. City Engineer • Approved as to form: Roy A Hanley City Attorney SUBDIVIDER: (Notarize signature) • August 13,2002 Final Map 2002-0039 Page 9 of 9 ,` '] �i ITEM NUMBER: A-8 DATE• 9/10/2002 Atascadero City Council Staff Report - .Public Works Department Final Parcel Map 2002-0043 (Parcel Map ATAL 98-0207) [LLA 2001-0030] 9290-9330 Vista Bonita (Frederick) RECOMMENDATION: Council accept Final Parcel Map 2002-0043 (Parcel Map ATAL 98-0207) DISCUSSION: • The Community Development Department approved Lot Line Adjustment 2001-0030 (Parcel Map ATAL 98-0207) on September 5, 2001. The approval adjusts the lot lines between six legal lots to create three Residential Single Family parcels. The lot line adjustment is consistent with the General Plan, Zoning Regulations, and with the Building Code. 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, 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. No offer of dedication has been made on this map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Parcel Map 2002-0043 (Parcel Map ATAL 98- 0207) September 10,2002 Final Map 2002-0043 Page 1 of 2 G 7;i Exhibit A Final Parcel Map 2002-0043(Parcel Map ATAL 98-0207) 9290-9330 Vista Bonita r S :'•y :e.Y ! 1 by-.:. Xq a :> i.•t �� A' ,F: .. �i ,n\V�. <t::. i :'� ],.7+4>•}VY.:9 yY� •: d ti: >�' �. ,.r.x %kY i J G\i IIS 3 � �i�` �. A QL'�� •- ettt� .... .. N°n+t'•A i\ e^%_ t \f\ ! Y 1 • � •"} S? iy fs�G w s. \ \ t •r 3 t ri y> •' J': _b` \ Y .! / t •5.of 4- .: i:!'` '4 t t f r is• 4^ ;: a k.: r $;�tft+t'.F i; f J tiff'' f .' �•�" },::n ,. i - ? x'� . I• ��'' s J £ 4' f ^� >R \ i ,z. :. Al P} zz )� � in .. September 10,2002 Final Map 2002-0043 Page 2 of 2 ITEM NUMBER: A-9 DATE: 9/10/02 $, 19A. • \B„""CAD�/ Atascadero City Council Staff Report - Police Department 2002,/2003 Local Law Enforcement Block Grants Program RECOMMENDATION: Council authorize 2002/2003 Local Law Enforcement Block Grant funds be allocated for the purchase of specialized police equipment. DISCUSSION: The Bureau of Justice Assistance has awarded the City of Atascadero $17,493 under the 2002/2003 Local Law Enforcement Block Grants (LLEBG) program. The purpose of the LLEBG program is to reduce crime and improve public safety. The funds can be used for procuring equipment, technology and other material directly related to basic law enforcement functions. A requirement of the grant is to assemble an advisory board to approve the proposed purchases. The board conferred on 8/21/02 and was comprised of representatives of the following: Atascadero Police Department, prosecutor, court system, school system and a local non-profit community group. The advisory board agreed that specialized police equipment augmenting the Canine Program and Special Response Team, digital cameras and firearm improvements for patrol use, radios, crime scene processing improvements and other investigative tools and equipment were appropriate uses of the grant funds. FISCAL IMPACT: None. (The City's required 10% match of funds will be met through the ongoing purchase of specialized police equipment.) • ITEM NUMBER: B -1 DATE: 09/10/2002 Atascadero City Council Agenda Report - Public Works Department 2002-2003 Annual Overlay Program ram Bid No. 2002-007 RECOMMENDATION: Council authorize the Public Works Director to direct R. Burke Corporation to omit the rehabilitation of West Mall from Lewis Ave to Capistrano Ave and replace with the rehabilitation of San Anselmo, Ardilla to Monterey Road, and Ardilla, San Anselmo to Portola. DISCUSSION: . On August 13, 2002, Council awarded the 2002-2003 Annual Overlay Project to R. Burke Corporation. The project entails the following work: • Curbaril from El Camino Real to Highway 101 (grind and repave). • El Camino Real at Viejo Camino (Install drainage structures and repair intersection) • West Mall from El Camino Real to Capistrano (grind and repave, curb and gutter, drainage structures, and handicap ramps.) • Capistrano from West Mall to Sycamore (grind and repave with drainage structures). • Sycamore from Capistrano to North of County Yard (Cape Seal). • Sycamore from North of County Yard to Curbaril (grind and repave). • San Anselmo from Highway 101 to Monterey (grind and repave). • Santa Lucia from Ardilla to Santa Ana(Cape Seal). • Ensenada from Capistrano to Via Bridge (overlay with minor drainage repairs). • Santa Rosa from El Camino Real to Highway 101 (grind and repave). The Atascadero Unified School District is concerned about the work proposed on West Mall by the Atascadero Junior High due to construction conflicts with students and parents. They have requested the proposed work on West Mall from Lewis Ave to Capistrano Ave. be omitted from the project. Staff agrees with this request. The contract amount of the work is, approximately $179,000.00. G77 ITEM NUMBER: B -1 DATE: 09/10/2002 There are six other road sections that have been designed for rehabilitation that can be added to replace this work. They are: • • San Anselmo—Ardilla to Monterey Road • Ardilla— San Anselmo to Portola • Curbaril—Highway 101 Interchange to Atascadero Ave. • Portion of El Camino Real— Santa Rosa to Viejo Camino • San Gabriel—From midway between San Marcos and Santa Lucia to San Marcos. • Portola Road— San Marcos to Morro Road Staff is recommending that the rehabilitation of San Anselmo and Ardilla be added to the project in place of the work on West Mall. Rehabilitation of these two roads has the best cost/benefit ratio compared to the other designed projects. This is based on the condition of the asphalt surface and the traffic volumes. Rehabilitation of these two roads will connect the recently paved section of Portola Road to Highway 101/San Anselmo Interchange. This will create rehabilitated corridor of collector roads. FISCAL IMPACT: None. The cost of the rehabilitation added to the Project will be equal to or less than the cost of the rehabilitation work omitted on West Mall. ALTERNATIVES: • 1. Select another section of road to replace the omitted work. 2. Do not replace the omitted work. This is not recommended. The funds are already programmed for road rehabilitation. • ,8, ITEM NUMBER: B-2 _ DATE: 09/10/2002 11A, '81-01 SJ: ye ...� • `,�SCAD�% Atascadero City Council City Manager's Office Information Bulletin A. City Council Strategic Planning Program The City Council Strategic Initiatives this year are: ❑ Affordable Housing ❑ City Council and Commission Preparedness ❑ Downtown ❑ Economic Development Plan The Council asked for a periodic update of progress made on the initiatives. The summer was primarily focused on completing the General Plan and the Customer Service Center • improvements. The following information provides an update on the progress for each initiative. Affordable Housing. The City Council identified affordable housing as a significant community concern. The General Plan Housing Element contains a variety of programs, which will address affordable housing. The Element has been submitted to the State Department of Housing and Community Development for approval. Once comments are received from the State they will be reviewed with the Planning Commission and City Council to refine the programs. City Council and Commission Preparedness. Material regarding public officials ethics, Smart Growth and housing have been distributed to the Council and Commissions. Additional training material will be provided as it becomes available. Downtown. Staff has concentrated on the downtown parking facility and streetscape improvements. As these projects get underway staff will identify potential further projects and facilitate a City Council study session to identify next steps. Economic Development Plan. Staff is preparing a draft plan that will be reviewed by a variety of stakeholders in the economic development field. This will provide a clear program of acceptable standards and targets for the community. Once a plan is drafted it will be presented to Council for public and Council input. The final version would be adopted by the Council and include action plans for implementation. • 79 ITEM NUMBER: C-1 DATE: 09/10/2002 Atascadero City Council City Attorney Report Discussion of Potential Additions to Duties of Transferors of Real Property and their Agents to Disclose Information about Real Property RECOMMENDATION: This item is brought forward for discussion only. There is no recommendation from the City Attorney at this time. The City Council, following discussion of the accompanying information may desire to give direction to the City Attorney on the preparation, if any, of an ordinance requiring the disclosure of certain information by transferors of real property and/or their agents. • DISCUSSION: Back rg ound: This issue originally came before the City Council some time ago in the form of a discussion of the possibility of requiring indemnification from buyers of real property located in flood zones. The City Attorney advised that such an ordinance would not be enforceable. The City Council chose not to proceed with an indemnification ordinance, but did express an interest in hearing more information about the potential to regulate disclosures of certain facts by transferors. The two main issues of concern that the City Attorney remembers hearing from the Council involved roads and floodplains. There was no consensus from the Council on the need for regulation itself. The matter is therefore brought back for discussion and the attached language for an ordinance is not introduced for reading at this time. It is there to give a context for discussion of any ordinance that the City Council may wish to direct staff to prepare. Therefore, there are no environmental determinations or record before the City Council at this meeting. Issues: The two main issues for discussion are the legal power of the City Council to impose additional requirements upon the transferors and, if so, what type of disclosures may be required. Attached to this agenda report is a long discussion of the legal issues involved. The short answer from the City Attorney is that the City Council does have the power to enact an ordinance requiring that the road maintenance lists and floodplain disclosures be made. The attached memorandum also includes a lengthy discussion of the . state rules covering required disclosures. The purpose of the discussion is to give the City ITEM NUMBER: C-1 DATE: 09/10/2002 Council a foundation in the legal requirements that already exist. With this foundation the City Council may intelligently evaluate the benefits and burdens of enacting legislation in this area. FISCAL IMPACT: Staff has not identified a fiscal impact for these suggested changes. ALTERNATIVES: The City Council may give any desired directions in this area consistent with the attached legal memorandum. ATTACHMENTS: Disclosure Code Language Memorandum of Law i • • 5-11.01 Notice to buyer. A. Delivery of Local Addendum TDS. All transferors(sellers) of real property (including developers) in the city of Atascadero shall deliver to the buyer a completed Local Addendum Transfer Disclosure Statement pursuant to California Civil Code Section 1102.6(a), in which the transferor shall include a statement that the property is or is not located on a city maintained road and a statement that the real property is or is not located within a special flood hazard area(any type Zone "A" or "W) designated by the Federal Emergency Management Agency. This requirement applies to transfers by sale, exchange, installment land sale contracts (as defined in Civil Code Section 2985), lease with option to purchase, any other option to purchase, or ground lease coupled with improvements, unless the transfer is exempt as set forth in subsection C below. B. Time of Delivery. In the case of transfers of new one to four unit residential properties wherein the transferor is a developer or original builder and the residential property has not previously been occupied, the Local Addendum Transfer Disclosure Statement shall be delivered to the buyer at or prior to the time the buyer enters into a contract for the sale of the property. In all other cases, the Local Addendum Transfer Disclosure Statement shall be delivered to the buyer within five days after entering into a contract for the sale of the property. C. Exempt Transfers. Transfers made pursuant to Business and Professions Code Section 11010.4 (sales of new one to four unit residential properties where no public report is required) shall not be exempt from the requirements of this section. However, each of the remaining categories of exempt transfers described in California Civil Code Section 1102.01, as set forth below, shall be exempt transfers from the requirements of this section, to wit: 1. Transfers pursuant to court order(such as probate sales, sales by bankruptcy trustee, etc.); . 2. Transfers by foreclosure(including a Deed in Lieu of Foreclosure and a transfer by a beneficiary who has acquired the property by foreclosure or Deed in Lieu of Foreclosure); 3. Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 4. Transfers from one co-owner to one or more other co-owners; 5. Transfers made to a spouse or to a direct blood relative; 6. Transfers between spouses in connection with a dissolution of marriage or similar proceeding; 7. Transfers by the state controller pursuant to the Unclaimed Property Law; 8. Transfers as a result of a failure to pay property taxes; 9. Transfers or exchanges to or from any governmental entity. D. It is the intent of the City Council of the City of Atascadero in enacting this ordinance that enforcement of the requirements of this ordinance by the City of Atascadero be discretionary. This ordinance and this code shall not be interpreted to create a mandatory duty on the part of the City of Atascadero. • X62 I. Questions Presented: 1. Under California law, what facts concerning residential real property for sale must • a transferor(seller) and/or real estate broker disclose to a prospective transferee (purchaser) of that real property? 2. May a City require disclosures for the sale of residential real property in addition to disclosures California law already mandates? H. Short Answers to Questions Presented Question 1: Under California common law, a seller of real estate has a duty to disclose to the buyer material facts affecting the value or desirability of the property that the seller knows are not known to, or should be known to, the buyer. Otherwise, what a transferor of residential real property must disclose regarding that property depends on whether or not the transferor is a Subdivider. (For ease of reference only, the term "Subdivider" as used herein includes owner and/or agent; however, such terms should not otherwise be considered to be synonymous.) If the transferor is not a Subdivider, and the seller's real estate broker is handling the sale, the Civil Code places a duty on the real estate broker to diligently inspect the residential property • for sale and to disclose, to any prospective purchaser, material facts affecting the property's value unless such material facts are reasonably within the scope of that purchaser's knowledge. Whether or not a real estate broker is involved in the transaction, each one of several factual disclosures, as set forth on the form mandated under Civil Code § 1106.6, must still be made to the transferee (sometimes referred to as "purchaser" for ease of reference) of the residential real property being transferred (sold). This mandatory disclosure form must be filled out and given to the purchaser even if the purchaser is already aware, or should reasonably be aware, of the facts disclosed (a copy of this form is attached hereto as Exhibit "A"). If the seller is not represented by a real estate broker, the seller must fill out the disclosure form. If the transferor is a Subdivider, the disclosure requirements are regulated by the Business and Professions Code. The Business and Professions Code provides that prior to the first sale of any individual parcels contained within the new subdivision, prospective purchasers must be provided with a copy of the Real Estate Commissioner's final report. To obtain a final report, the Subdivider must first file a notice of intention with the Department of Real Estate. The notice of intention must contain certain expressly mandated disclosures of items pertaining to the property which are both located on and off the property. The final report contains, among other items, most items disclosed in the Subdivider's notice of intention. • Real Estate Disclosure Law in California Page 1 of 11 Question 2: . Yes, if it decides to do so, a City may impose disclosure requirements on transferors of residential real estate in addition to those disclosures State law already requires. Under California statutory law, the manner in which a City can impose such additional disclosure requirements on a transferor of residential real property depends on whether or not the transferor is a Subdivider. If the transferor is not a Subdivider, Civil Code § 1102.6a requires Cities to use the disclosure form called the "Local Option Real Estate Transfer Statement" for any additional disclosures they desire to be made (a copy of this form is attached as Exhibit "B"). This form provides blank spaces for the local agency to fill in what it desires to be disclosed (e.g. railroad track located within one quarter mile, adjacent land zoned for commercial use, etc.). If the transferor is a Subdivider, a City may require the Subdivider to include in the notice of intention facts which a City desires to be disclosed to prospective purchasers. A City could also require the Subdivider to state, in the notice of intention, that a City has requested that those additional factual disclosures be included in the Final Report. The Subdivider must file the notice of intention before the Real Estate Commissioner will issue a final report. Without a final report, the Subdivider cannot sell any of the individual parcels in the subdivision. Prospective purchasers must be provided with a copy of the final report before any individual parcel or lot is sold. • If the information that a City requested be disclosed is not included in the final report, a City could require the Subdivider to provide the requested disclosure information to prospective purchasers by a method of a City's choosing, such as a special disclosure form given to prospective purchasers. III. Discussion A. The Business & Professions Code and the Government Code Dictate What Factual Disclosure Is Required For the Sales of Individual Parcels Contained Within a Newly Created Subdivision and the Civil Code Dictates What Factual Disclosure Required For Most Other Residential Real Estate Sales. State law disclosure requirements for transferors of residential real property, and the method prescribed for such disclosure, differ depending on the nature of the real property being transferred. Civil Code §§ 2079 et seq. (duty of real estate broker to diligently inspect the real property to be sold) and §§ 1102 et seq. (duty of seller and/or real estate broker to disclose material facts to purchaser of residential real property) pertain to: Any transfer by sale, exchange,installment land sale contract,as defined in Section 2985,lease with an option to purchase, any other option to purchase,or ground lease • coupled with improvements,of real property or residential stock cooperative,improved with or consisting of not less than one nor more than four dwelling units. Real Estate Disclosure Law in California Page 2 of 11 California Civil Code § 1102 (similar applicability language appears in California Civil Code § 2079). • However, §§ 1102 et seq. and §§ 2079 et seq. do not apply to certain transfers of real property. The non-applicability of§§ 1102 et seq. and §§ 2079 et seq., as such non-applicability is relevant to the questions presented above, is set forth in California Civil Code § 1102.2 (a) which states as follows: This article does not apply to the following: (a)Transfers which are required to be preceded by the furnishing to a prospective transferee of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code and transfers which can be made without a public report pursuant to Section 11010.4 of the Business and Professions Code. .. Similarly, Civil Code § 2079.6, as relevant to the questions presented, provides that §§ 2079 et seq. are also not applicable for those transfers regulated by the Business and Professions Code sections cited above in § 1102(a). Those Business and Professions Code sections regulate disclosure requirements for new subdivisions and are discussed in more detail below. Most "arms-length" negotiated residential real estate sales transactions occurring after the first sales out of a subdivision (i.e. sales occurring after a party has purchased the property from the Subdivider) fall within the disclosure requirements of§§ 1102 et seq. and within the inspection requirements of§§ 2079 et seq. Transfers not covered under 1102 et seq. include: transfers pursuant to court ord r • §§ q p e , transfers to a mortgagee in the case of default, transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust (with some exceptions), transfers from one co-owner to one or more other co-owners, transfers made to a spouse, or next of kin, transfers or exchanges to or from any governmental entity, etc. Given that such transfers typically do not involve a real estate broker, §§ 2079 et seq. are likely also not applicable to these types of transfers. Government Code sections 8589.3 et seq. similarly require disclosure by the agent or the transferor of the fact that property is located in specified flood zones. "8589.3. (a) A person who is acting as an agent for a transferor of real property that is located within a special flood hazard area (any type Zone "A" or "W) designated by the Federal Emergency Management Agency, or the transferor if he or she is acting without an agent, shall disclose to any prospective transferee the fact that the property is located within a special flood hazard area." B. Civil Code §§ 2079 et seq. and §§ 1102 et seq. require Real Estate Brokers to Inspect the Residential Real Estate and to Make Disclosures to Purchasers Using a Specified Form -- If No Real Estate Broker is Involved in the Transaction, the Transferor Must Make the Disclosures. Real Estate Disclosure Law in California Page 3 of 11 (i) Easton v. Strassburger and Civil Code 44 2079 et set. isCivil Code § 2079 provides, in part relevant here, that the seller's real estate broker, owes "a duty to a prospective purchaser of residential real property ... to conduct a reasonably competent and diligent visual inspection of the property offered for sale and to disclose to that prospective purchaser all facts materially affecting the value or desirability of the property that an investigation would reveal ..." The legislature enacted Civil Code §§ 2079 et seq., after the Court decided Easton v. Strassburger, (1984) 152 Cal.App.3d 90. The legislature did this to clarify what many real estate brokers, and their errors and omissions insurance carriers, felt was a judicially created negligence cause of action against real estate brokers for failure both to investigate property listed for sale and to affirmatively disclose material facts learned from such an inspection to prospective purchasers. The Easton Court held "that the duty of a real estate broker, representing the seller, ... includes the affirmative duty to conduct a reasonably competent and diligent inspection of the residential property ... and to disclose to prospective purchasers all facts materially affecting the value or desirability of the property that such an investigation would reveal." Easton at 102. Civil Code § 2079.12 sets forth the legislative intent for §2079 to 2079.6 as being "to codify and make precise the holding in [Easton] [but not] to modify or restrict existing duties owed by real estate licensees" (§ 2079.12(b)) and as being "declarative of the common law regarding this duty" (§ 2079.12(a)(4)). (ii) Civil Code 4§ 1102 et seq. (Statutorily Prescribed Disclosure Forms) Civil Code § 1102.1(a), is also an expression of the legislature's intent and states that the legislature intended "to clarify and facilitate the use [by transferors and by agents as required under Civil Code §§ 2079 et seq.] of the real estate disclosure statement, as specified in Section 1102.6" and that "the delivery of a real estate transfer may not be waived in an 'as is' sale ..." Civil Code § 1102.1(a) further states that "nothing in this article shall be construed to change the duty of a real estate broker or salesperson pursuant to Section 2079." An outline of most of the items required to be disclosed pursuant to the statutory general disclosure form prescribed by § 1102.6 follows: Among other things,the form requires that the seller: (1)identify the specific fixtures, appliances, improvements and features of the property,and whether they are operable; (2)disclose any defects or malfunctions of the physical improvements;and(3)disclose (a)additions, structural modifications,or other alterations or repairs made without necessary permits or which are not in compliance with building codes, (b)any fill (compacted or otherwise)on the property; (c)any settling from any cause,or slippage, sliding,or other soil problems; (d)any flooding,drainage or grading problems;or(e) any major damage to the property or any of the structures from fire,earthquake,floods, or landslides. Tell It Like It Is--Sellers'Duties Of Disclosure In Real Estate Transactions Under California • Law, (1996) 26 Golden Gate U. L. Rev. 473, 477. Please see Exhibit "A" for a copy of this form. Real Estate Disclosure Law in California Page 4 of 11 The general disclosure form provided by § 1102.6 deals primarily with items physically present on the property for sale. With the exception of disclosure item(11) "[n]eighborhood noise problems or other nuisances", item (12) "CC&R's or other deed restrictions or obligations" • and item (16) "lawsuits threatening to or affecting [the] real property, including any lawsuits alleging a defect or deficiency in ... 'common areas', the mandated form does not expressly require disclosure of other off-site matters. (iii) The Local Option Real Estate Transfer Disclosure Statement However, under Civil Code § 1102.6a, "any city or county may elect to require disclosures on [the 'Local Option Real Estate Transfer Disclosure Statement'] in addition to those disclosures required by Section 1102.6." This section of the disclosure statutes contemplates requiring disclosure of off-site matters in that it provides the following example: "Example: Adjacent land is zoned for timber production which may be subject to harvest." Please see Exhibit "B" for a copy of this form. Under § 1102.6a(c), a City is not precluded "from using the disclosure form specified in subdivision (b) for a purpose other than that specified in [§ 1102.6a]." According to the California Association of Realtors'website (which has a web address of http://www.car.org/legislation/pointofsale/local.html) the following cities and counties have adopted local ordinances electing to require use of the § 1102.6a disclosure form. Below is a list of some cities and counties in California that have adopted local option • disclosure ordinances and the issues they address. Local Option Disclosure Table Locality Issue to be Disclosed Bakersfield Special Assessments Fairfield Local Taxes and Assessments/Golf Course Humboldt County Right-to-Farm Kern County Right-to-Farm Lake County Right-to-Farm Los Banos Right-to-Farm Manteca Right-to-Farm Mariposa County Right-to-Farm Mendocino County Right-to-Farm/Timber Harvesting Merced Right-to-Farm Monterey County Right-to-Farm Pacifica Airport Noise San Luis Obispo County Right-to-Farm Santa Clara County Right-to-Farm Stanislaus County Right-to-Farm Tulare County Right-to-Farm Wasco Right-to-Farm The above table shows that many of the cities electing to use the § 1102.6a additional disclosure form elected to do so to disclose their right to farm ordinances. The City of Manteca includes disclosure requirements within the body of its right to farm ordinance. • Real Estate Disclosure Law in California Page 5 of 11 , The City of Bakersfield ("Bakersfield"), as noted above, requires the additional disclosure • form to be used in cases where special assessments affect the property to be transferred (sold). Pursuant to § 1102.6a(c) discussed above, Bakersfield requires that the form provided under Civil Code § 1102.6a also be used by Subdividers. (iy) Purchasers Remedies Under Civil Code -44 1102 et seq. The duties prescribed under Civil Code §§ 1102 et seq. are placed upon transferors of residential real property. Civil Code § 1102.13 provides as follows: No transfer subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article.However,any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this article shall be liable in the amount of actual damages suffered by a transferee. Under this statute,the purchaser/transferee remedy lies only against the seller/transferor and/or his or her real estate broker/agent. The remedy lies only against the seller and/or real estate broker/agent because they are the only parties specified as having a duty under the above statutory scheme. Please see Section E for discussion of how a City could draft ordinances in a manner that will further insulate it from liability for requiring additional disclosures. C. Subdivider Transferors Are Required to Disclose Different Facts in the Notice of Intention Before Transferring Individual • Parcels to Their Transferees. As noted above, although Civil Code § 1102.6a(c) provides cities may use the local option disclosure form for other purposes, the Civil Code does not govern disclosures for a Subdivider's first sales out from a new subdivision. Such disclosures are governed by the Business and Professions Code. The Court in California Coastal Com. v. Quanta Investment Corp., (1980) 113 Cal.App.3d 579, 589 commented on the history and mechanisms of the Business and Professions Code as it relates to the Subdivided Lands Act as follows: The Subdivided Lands Act is found in the Real Estate Law,which is administered by the real estate commissioner. (Bus. &Prof.Code, ss 11429.2, 11000,et seq.; 10 Admin. Code, 2790, et seq.)Since at least 1965,the real estate commissioner had had authority over planned developments,community apartment projects,condominiums and stock cooperatives. (See Bus. &Prof. Code,ss 11000, 11004.5.)The purpose of the Real Estate Law is to prevent fraud and misrepresentation in the marketing of parcels of land by requiring disclosure of the financial risks and benefits of a transaction to proposed purchasers and lessees. [citations] To accomplish this,the real estate commissioner issues public reports based on extensive disclosures made by the subdividers in connection with the parcels they offer for sale or lease. (Bus. &Prof. Code, sis 11010- 11018.1.)A sale or lease without providing a public report to the transferee is prohibited. (Bus. &Prof. Code, s 110 18.2.) Business and Professions Code § 11018.2 provides that • [n]o person shall sell or lease,or offer for sale or lease in this state any lots or parcels in a subdivision without first obtaining a public report from the Real Estate Commissioner. Real Estate Disclosure Law in California Page 6 of 11 This section shall not apply to subdivisions for which a notice of intention is not required under the provisions of this chapter. Business and Professions Code § 11010(a) provides that "any person who intends to offer • subdivided lands ... for sale or lease shall file with the Department of Real Estate an application for a public report consisting of a notice of intention ..." Business and Professions Code § 11018 provides that the public report "shall contain the data obtained in accordance with Section 11010 and which the commissioner determines are necessary to implement the purposes of this article." Therefore, provided the Real Estate Commissioner determines the items on the notice of intention are necessary to implement the purposes of the disclosure requirements, those items set forth in the notice of intention should also appear in the final report. Business and Professions Code § 11010(b) sets forth numerous items that a Subdivider transferor must include on the notice of intention before a final report will issue from the Real Estate Commissioner. Those items include, for the most part, the following: (b) [the] notice of intention shall contain the following ...: (1) ... name and address of the owner. (2) ... name and address of the subdivider., (3) ... legal description and area of lands. (4) ... condition of the title ... including all encumbrances thereon. (5) ... terms and conditions ... to dispose of the land, ... copies of... contracts ... (6) ... provisions ... for public utilities ... (7) ... the use [of]the proposed subdivision ... (8) ... the provisions ... limiting the use or occupancy of the parcels ... (9) ... amount of indebtedness which is a lien upon the subdivision-... • (10) ... amount of any indebtedness ... incurred by ... special district, [etc.] (11)(A) statement from[school] ... district[s] [regarding] location,etc. (B) ... (12) ... all ... airports ... located within two statute miles ... (13) ... any soils or geologic report ... (14) ...[if] ... [fill used] ... [and] name [of] ... agency [with] ... soil information ... (15)Any other information that ... [the] subdivider may desire... Please see Exhibit C for an unedited co of Business and Professions Code 11010 copy § (b). Business and Professions Code § 11018.1(b) also requires that an additional lengthy disclosure statement be given to prospective purchasers if the property to be sold will be subject to CC&R's or is otherwise a "common interest development." Business and Professions Code § 11018.1(a) requires that "A copy of the public report ... shall be given to the prospective purchaser ... prior to the execution of a binding contract or agreement for the sale or lease of any lot or parcel in a subdivision." If a City decides to impose additional disclosure requirements on Subdividers, such disclosures could be included under item(15) of§ 11010 as quoted above. Provided the Subdivider includes in such disclosures a statement that a City desires such disclosures to be included in the final report, the Real Estate Commissioner will likely include those additional • Real Estate Disclosure Law in California Page 7 of 11 disclosures. Therefore, prospective purchasers would receive those additional disclosures in their • copy of the final report. In some cases, a final report is not required under the Business and Professions Code. Under Business and Professions Code § 11010.4, the notice of intention disclosure requirements, are not mandatory if all of several stringent criteria are met. One of those criteria is that the Subdivider "has complied with Sections 11013.1, 11013.2, and 11013.4, if applicable" (no blanket encumbrances can be on property unless several conditions protecting consumers are met). Another criterion that a Subdivider must meet, before being excused from having to obtain a final report, is that each lot or parcel needs to be sold "with a completed residential structure and ... all other improvements ... necessary to occupancy or with financial arrangements determined to be adequate by the city to ensure completion of the improvements." In such an event, as a condition of allowing the improvements, a City could still require that the Subdivider provide to prospective purchasers some other form of disclosure statement such as the form provided under Civil Code § 1102.6a. The criterion most relevant to this discussion is that "the subdivided land is not a subdivision as defined in Section 11000.1 or 11004.5." Section 11000.1 provides that a subdivided land is not a subdivision subject to the final report requirements if any one of the following conditions exists: (1)The undivided interests ... to be held by[blood or marriage relatives]. (2)The undivided interests are to be ... owned solely by persons who ... are knowledgeable and experienced investors who comprehend the nature and extent of the risks involved ... The Real Estate Commissioner shall grant an exemption from this part if the undivided interests are to be purchased by no more than 10 persons,each of whom ... expressly waives protections afforded to a purchaser by this part. (3)The undivided interests are created as the result of a foreclosure sale. (4)The undivided interests are created by a valid order or decree of a court. (5)The offering and sale of the undivided interests have been expressly qualified by ... permit from the Commissioner of Corporations ... (6)The real property is offered for sale as a time-share Section 11004.5 does not contain language limiting the definition of a subdivision or relaxing the notice of intention filing requirements. Rather, it expands upon the definition of what should be considered to be a subdivision subject to the Business and Professions Code disclosure requirements. As such, almost all subdivided lands ultimately sold to the public as individual homes fall within the definition of"subdivision" such that a final report is required prior to sale of any individual parcel or lot. D. Sellers of Residential Real Estate Also Owe Common Law Duties of Disclosure to their Buyers. • The common law duty of disclosure a seller owes to a purchaser of residential real property exists co-extensively with the statutes discussed above. In Karoutas v. Homefed Bank, Real Estate Disclosure Law in California Page 8 of 11 t V (1991) 232 Ca1.App.3d 767, 774, the Court quoted favorably from a major treatise on California real estate law as follows: [C]ompliance with statutory disclosure requirements"does not relieve the parties of the general common law duty of disclosure." (1 Miller&Starr, Current Law of Cal.Real Estate, supra, § 1:123, at p. 421,fn. omitted.)Thus, "where the beneficiary knows of serious defects in the property being sold, ... there should be some responsibility to disclose the defects to an innocent buyer." (4 Miller&Starr, Current Law of Cal.Real Estate(2d ed. 1989) § 9:153,p. 504.) A relatively recent case,Assilzadeh v. California Federal Bank, (2000) 82 Cal.App.4th 399, 410, set forth the well established common law rule in California regarding required disclosures in real estate sales transactions. That rule is as follows: In the context of a real estate transaction, '[i]t is now settled in California that where the seller knows of facts materially affecting the value or desirability of the property... and also knows that such facts are not known to,or within the reach of the diligent attention and observation of the buyer,the seller is under a duty to disclose them to the buyer. ... Undisclosed facts are material if they would have a significant and measurable effect on market value. ... A breach of this duty of disclosure will give rise to a cause of action for both rescission and damages. Therefore, in addition to the statutorily mandated express disclosure requirements discussed above, sellers of real estate have a broad common law duty to disclose to buyers matters material to the value of real estate. E. Any New Disclosure Ordinances Must Provide that a City Has Only Discretionary and Not Obligatory Enforcement Duties For Same. The Court in Fox v. County of Fresno, (1985) 170 Cal.App.3d 1238, 1241, citing to Government Code § 815, held that in "California, governmental tort liability must be based on statute." In Fox, plaintiffs sued on the basis of Government Code § 815.6 which states, as relevant here, that a public entity is "liable for an injury ... proximately caused by its failure to discharge [a mandatory duty imposed by an enactment designed to protect against the risk of a particular kind of injury.]" The Fox Court further held that "[a]s used in section 815.6, the term 'mandatory' refers to an obligatory duty which a governmental entity is required to perform, as opposed to a permissive power which a governmental entity may exercise or not as it chooses." Fox at 1242. The California Supreme Court, in California Correctional Peace Officers Assn. v. State Personnel Bd., (1995) 10 CalAth 1133, 1158-59, set forth the following criteria for whether a provision in an statute (or ordinance here) should be given permissive ("directive") or obligatory ("mandatory") effect: to determine whether a particular statutory provision... is mandatory or directory,the court, ... must ascertain the legislative intent. In the absence of express language,the • intent must be gathered from the terms of the statute construed as a whole,from the Real Estate Disclosure Law in California Page 9 of 11 nature and character of the act to be done, and from the consequences which would • follow the doing or failure to do the particular act at the required time. ... When the object is to subserve some public purpose,the provision may be held directory or mandatory as will best accomplish that purpose ... [internal quotations omitted]. Therefore, proper drafting of any ordinances requiring additional disclosures so as to make discretionary any enforcement of such ordinances is essential to limit a City's liability for same. IV. Conclusion The law in California already requires transferors (sellers) of residential real property to make substantial factual disclosures of material facts regarding the property to prospective purchasers. Those disclosures include, but are not limited to, the extensive laundry list of disclosures for sales of previously occupied parcels on the mandatory disclosure form under Civil Code § 1102.6 and those found in the notice of intent requirements under Business and Professions Code § 11010 for new subdivisions. Given the substantial common law and statutory requirements regarding disclosures as discussed above, prospective purchasers of residential real property are already well protected from the possibility of sellers and real estate brokers failing to disclose facts material to the value of such property. However, it would be relatively easy to enact ordinances requiring disclosures in addition to those already required under the California Civil Code because the "Local Option" disclosure form is already provided under Civil Code §1102.6a. As such, should a City decide • certain types of disclosures should be made, such as right to farm, airport noise, railroad tracks, etc., a City should also elect to use the form mandated under Civil Code § 1102.6a. Notwithstanding the ease of enactment of ordinances requiring additional disclosures, enforcement of same could be troublesome. Educating real estate brokers, agent, and individuals who desire to sell their residential real property themselves regarding additional disclosure requirements could prove difficult. Likewise, enforcement of any disclosure ordinance could prove difficult. As such, any enacting ordinances, need specify, both in language and in form, that a City's enforcement of such disclosure requirements is discretionary and not obligatory. Also troublesome is the fact that, despite wording the ordinances to make enforcement of same discretionary, purchasers of residential real property who have not had the additional disclosures provided to them may believe they have a cause of action against a City for failing to enforce its ordinance. Given the degree of subdivision oversight authority a City already possesses, and the requirements already imposed on Subdividers with respect to providing a copy of the final report to prospective purchasers, an ordinance requiring additional Subdivider disclosures would be relatively easy to enact and implement. However, the same caveats mentioned above apply regarding possible lawsuits from purchasers and the enforcement provisions of any such ordinance needing to be discretionary. • Should the council find it beneficial to provide prospective purchasers of new homes with additional information not already required under State law, a City could require the Subdivider to Real Estate Disclosure Law in California Page 10 of 11 '� include such additional information in the notice of intention filed with the Real Estate Commissioner. To increase the likelihood of any desired additional disclosure information being included in the final report, a City should require the Subdivider to state in the notice of intention • that a City has requested that such additional disclosure information be included in the final report. A City should reserve the right to have the Subdivider provide such additional disclosures to prospective purchasers through other means if the Real Estate Commissioner does not deem such additional disclosure information to be necessary and does not include such in the final report. A City could also make the local option disclosure form provided under Civil Code § 1102.6a applicable to Subdividers such as Bakersfield has done for the disclosures it requires for properties for sale which are subject to special assessments. • • Real Estate Disclosure Law in California Page 11 of 11 rtr V J