HomeMy WebLinkAboutCC_2021_09_28_Amended AgendaPacket
PUBLIC NOTICE
AMENDMENT TO THE ATASCADERO
CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, September 28, 2021, 6:00 P.M.
The following item is hereby added to the Consent Calendar, Section A
of the agenda:
5. Virtual Meetings – AB 361 Requirements
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution making findings
consistent with the requirements of AB 361 to allow for the conduct of virtual
meetings. [City Manager]
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF ATASCADERO )
I, Amanda Muther, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing
amendment to the September 28, 2021 Regular Meeting of the Atascadero City Council was posted on
September 24, 2021 at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for
public review in the Customer Service Center at that location.
Signed this 24th day of September, at Atascadero, California.
___________________________________
Amanda Muther, Deputy City Clerk
City of Atascadero
CITY OF ATASCADERO CITY COUNCIL AGENDA
Consistent with Executive Order N-29-20 and N-08-21 the City Council
Meeting will not be physically open to the public and City Council Members
will be teleconferencing into the meeting.
HOW TO OBSERVE THE MEETING:
To maximize public safety while still maintaining transparency and public access,
the meeting will be live-streamed on SLO-SPAN.org, on Spectrum cable
Channel 20 in Atascadero, and on KPRL Radio 1230AM and 99.3FM. The video
recording of the meeting will repeat daily on Channel 20 at 1:00 a m, 9:00 am, and
6:00 pm and will be available through the City’s website or by visiting
https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA.
HOW TO SUBMIT PUBLIC COMMENT:
Members of the public are highly encouraged to call 805-538-2888 to listen and
provide public comment via phone, or submit written public comments to
cityclerk@atascadero.org by 12:00 pm on the day of the meeting. Such email
comments must identify the Agenda Item Number in the subject line of the
email. The comments will be forwarded to the City Council and made a part of the
administrative record. If a comment is received after the deadline for submission but
before the close of the meeting, the comment will still be included as a part of the
administrative record of the meeting but will be forwarded to the City Council the next
business day. Please note, email comments will not be read into the record.
AMERICAN DISABILITY ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City
Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48
hours prior to the meeting or time when services are needed. The City will use their
best efforts to provide reasonable accommodations to afford as much accessibility
as possible while also maintaining public safety in accordance with the City procedure
for resolving reasonable accommodation requests.
City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org.
Copies of the staff reports or other documentation relating to each item of business referred to on
the Agenda are on file in the office of the City Clerk and are available for public inspection on our
website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number
once they are approved by the City Council. The Minutes of this meeting will reflect these numbers.
All documents submitted by the public during Council meetings that are either read into the record
or referred to in their statement will be noted in the Minutes and available for review by contacting
the City Clerk's office. All documents will be available for public inspection by appointment during
City Hall business hours.
Page 1 of 216
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, September 28, 2021
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Dariz
ROLL CALL: Mayor Moreno
Mayor Pro Tem Newsom
Council Member Bourbeau
Council Member Dariz
Council Member Funk
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this agenda, and the titles
of the ordinances will be read aloud by the City Clerk at the first reading, after the
motion and before the City Council votes.
CLOSED SESSION – REPORT (IF ANY)
a. September 14, 2021
PRESENTATION:
1. Employee Recognition
City Council Regular Session: 6:00 P.M.
Page 2 of 216
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 Draft Action Minutes – September 14, 2021
Recommendation: Council approve the September 14, 2021 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. August 2021 Accounts Payable and Payroll
Fiscal Impact: $3,238,088.52
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for August 2021. [Administrative Services]
3. Wildland Fire Engine Replacement
Fiscal Impact: $447,754.91
Recommendation: Council authorize the City Manager to execute a contract
with South Coast Fire Equipment, Inc. for a total cost of $447,754.91 to build
and deliver a Pierce/International FX3 Type-3 Fire Engine. [Fire Department]
4. June 2021 Investment Report
Fiscal Impact: None.
Recommendation: Council receive and file the City Treasurer’s report for
quarter ending June 30, 2021. [City Treasurer]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation Comments made during Community Forum will not be a
subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Any members of the public who have questions or need
information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5 :00
p.m. at (805) 470-3400, or cityclerk@atascadero.org.)
Page 3 of 216
5. Virtual Meetings – AB 361 Requirements
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution making findings consistent
with the requirements of AB 361 to allow for the conduct of virtual meetings.
[City Manager]
C. MANAGEMENT REPORTS:
1. AMC Title 9, Chapter 5 Accessory Dwelling Unit Text Amendments
Fiscal Impact: None.
Recommendation: Council review a series of State law amendments that apply
to Accessory Dwelling Units and provide staff direction for text amendments to
Atascadero Municipal Code (AMC) Title 9, Chapter 5, Accessory Dwelling
units. [Community Development]
2. Labor Agreements and Salary Schedules for Fiscal Years 2021-2022, 2022-
2023 & 2023-2024
Fiscal Impact: For Fiscal Year 2021-2022, it is estimated that these catch-up
salary adjustments will cost approximately $1.5 million. Each of the additional
years is expected to cost an additional $650,000 - $700,000.
Recommendations: Council:
1. Approve the Memorandum of Understanding for Atascadero Police
Association.
2. Approve the Memorandum of Understanding for Atascadero Professional
Firefighters Local 3600.
3. Approve the Memorandum of Understanding for, Mid-
Management/Professional Employees.
4. Approve the Side Letter of Agreement for the Local 620 Service Employees
International Union.
5. Adopt Draft Resolution for Non-Represented Professional and
Management Workers and Confidential Employees.
6. Approve the City Manager Employment Agreement Amendment.
7. Approve the Salary Schedule for Fiscal Years 2021 -2022, 2022-2023, &
2023-2024. [City Manager]
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their own
activities. The following represent standing committees. Informative status reports will
be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Regional Economic Action Coalition (REACH)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Page 4 of 216
B. PUBLIC HEARINGS:
Notice of Public Hearing Cancellation:
1. Ordinance to Amend Title 11, Subdivisions, of the Atascadero Municipal
Code Related to Dedications, Tentative Maps, Parcel and Final Maps, and
Subdivision Improvement Requirements
Council Member Bourbeau
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member Dariz
1. Air Pollution Control District
2. California Joint Powers Insurance Authority (CJPIA) Board
3. City of Atascadero Finance Committee
Council Member Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
E. INDIVIDUAL DETERMINATION AND / OR ACTION: (Council Members may ask a
question for clarification, make a referral to staff or take action to have staff place a matter of
business on a future agenda. The Council may take action on items listed on the Agenda.)
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
ADJOURN
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 corresponde nce
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.
Page 5 of 216
Mayor Pro Tem Newsom
1. City / Schools Committee
2. Design Review Committee
3. League of California Cities – Council Liaison
4. Visit SLO CAL Advisory Committee
ITEM NUMBER: A-1
DATE: 09/28/21
Atascadero City Council
September 14, 2021
Page 1 of 7
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, September 14, 2021
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
COUNCIL CLOSED SESSION: 5:00 P.M.
Mayor Moreno called Closed Session to order at 5:00 p.m.
1. ROLL CALL
Present: By Teleconference - Council Members Bourbeau, Dariz and Funk,
Mayor Pro Tem Newsom, and Mayor Moreno
Absent: None
Others Present: None
Staff Present: By Teleconference – City Manager Rachelle Rickard, Administrative
Services Director Jeri Rangel, City Attorney Brian Pierik, Deputy City
Manager/City Clerk Lara Christensen, and IT Manager Luke Knight
2. CLOSED SESSION -- PUBLIC COMMENT – None
3. COUNCIL LEAVES TO BEGIN CLOSED SESSION
Deputy City Manager/City Clerk Christensen and IT Manager Knight did not at tend this
portion of the meeting.
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Page 6 of 216
ITEM NUMBER: A-1
DATE: 09/28/21
Atascadero City Council
September 14, 2021
Page 2 of 7
4. CLOSED SESSION -- CALL TO ORDER
a. Conference with Real Property Negotiators (Govt. Code 54956.8)
Real Property: 6009 Del Rio Road (APN 049141038 – City Property), 2000
Ramona Road (APN 049141039 – City Property), 2455 El Camino Real
(APN 049151056 – People Self Help Housing Property), 6105 Olmeda
Avenue (APN 029091001 – State of California Property), Atascadero,
California, 93422
Agency Negotiator: Rachelle Rickard, City Manager
Negotiating Parties: People Self Help Housing and State of California
Subject of Negotiations: Purchase price and/or terms of payment.
b. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Professional Firefighters, Local 3600;
Atascadero Police Association; Mid-Management/Professional Employees;
Non-Represented Professional and Management Workers and Confidential
Employees
c. Conference with Legal Counsel – Existing Litigation
Government Code Sec. 54956.9 (d)(1)
Name of Case: Newton v. City of Atascadero, Heather Newsom and Susan Funk
San Luis Obispo Superior Court Case No. 21CVP-0168
5. CLOSED SESSION – ADJOURNMENT
6. COUNCIL RETURNS
7. CLOSED SESSION – REPORT (IF ANY)
a. August 13, 2021
City Attorney Pierik reported that there was no reportable action from Closed Session on
August 13, 2021 or on Closed Session items a and c above.
He noted that more time would be needed to complete the discussion on Closed Session
Item b and that Council would be recessing Closed Session until after the close of Regular
Session.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:0 2 p.m. and Council Member Funk led the
Pledge of Allegiance.
ROLL CALL:
Present: By Teleconference - Council Members Bourbeau, Dariz and Funk,
Mayor Pro Tem Newsom, and Mayor Moreno
Absent: None
Page 7 of 216
ITEM NUMBER: A-1
DATE: 09/28/21
Atascadero City Council
September 14, 2021
Page 3 of 7
Others Present: None
Staff Present: By Teleconference – City Manager Rachelle Rickard, Administrative
Services Director Jeri Rangel, Community Development Director Phil
Dunsmore, Public Works Director Nick DeBar, Police Chief Robert
Masterson, City Attorney Brian Pierik, Deputy City Manager/City Clerk
Lara Christensen, Battalion Chief Matt Miranda, Deputy Community
Development Director Loreli Cappel and IT Manager Luke Knight
APPROVAL OF AGENDA:
MOTION: By Council Member Funk and seconded by Mayor Pro Tem Newsom to:
1. Approve this agenda; and,
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 5:0 by a roll-call vote.
PRESENTATION:
1. Commute with Confidence – October 2021 (SLOCOG)
Peter Williamson, SLOCOG, gave the presentation to the City Council.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – August 10, 2021 & August 13, 2021
Recommendation: Council approve the August 10, 2021 Draft City Council
Regular Meeting Minutes and the August 13, 2021 Draft City Council Special
Meeting Minutes. [City Clerk]
2. July 2021 Accounts Payable and Payroll
Fiscal Impact: $6,855,314.43
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for July 2021. [Administrative Services]
3. 2022 Measure F-14 Pavement Rehabilitation Project Design Engineering
Services Contract
Fiscal Impact: $212,500.00
Recommendation: Council authorize the City Manager to execute a
professional services agreement for $212,500 with Rick Engineering Company
to provide design engineering and construction plan preparation services for
the 2022 Measure F-14 Pavement Rehabilitation Project (Project No.
C2021R01). [Public Works]
Page 8 of 216
ITEM NUMBER: A-1
DATE: 09/28/21
Atascadero City Council
September 14, 2021
Page 4 of 7
4. El Camino Real South Pavement Resurfacing Project Construction Award
Fiscal Impact: $1,294,999.00
Recommendation: Council award a construction contract for $1,294,999 to
Papich Construction Company Inc. for the El Camino Real South Pavement
Resurfacing Project (Project No. C2020R04). [Public Works]
Deputy City Manager/City Clerk Christensen noted that a misprint was discovered in the
Minutes for August 10, 2021 (Item #A-1) and the roll call for the August 10 Closed Session
would be revised to match the Regular Session roll call reflecting those appearing in -person
at the Meeting.
MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem
Newsom to approve the Consent Calendar, with the change to the
August 10, 2021 Minutes as noted. (#A-3: Contract No. 2021-025)
(#A-4: Contract No. 2021-026)
Motion passed 5:0 by a roll-call vote.
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
1. John Neil, Atascadero Groundwater Sustainability Agency, provided an update on
the Atascadero Basin Ground Water Sustainability Plan and answered questions
from the Council.
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: Greg Grewal
Mayor Moreno closed the Public Comment period.
2. Public Works Director DeBar provided an update on the striping along Morro Road
and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: Deborah
McKrell and Geoff Auslen
Mayor Moreno closed the Public Comment period.
COMMUNITY FORUM:
The following citizens spoke by telephone or through the webinar on this item: Eric Daniels,
Brighton Hushing-Kline, and Geoff Auslen
Mayor Moreno closed the COMMUNITY FORUM period.
Page 9 of 216
ITEM NUMBER: A-1
DATE: 09/28/21
Atascadero City Council
September 14, 2021
Page 5 of 7
B. PUBLIC HEARINGS:
1. Ordinance to Amend Title 11, Subdivisions, of the Atascadero Municipal
Code Related to Dedications, Tentative Maps, Parcel and Final Maps, and
Subdivision Improvement Requirements
Fiscal Impact: Proposed amendments to Title 11 are expected to streamline
parcel and final map approvals and reduce staff time. No fiscal impact will
occur with continuing the public hearing to the next regular Council meeting.
Recommendation: Council continue the public hearing to the September 28,
2021 regular City Council meeting to allow additional time for drafting and
reviewing proposed amendments to Title 11, Subdivisions, of the Atascadero
Municipal Code related to dedications, tentative maps, parcel and final maps,
and subdivision improvement requirements. [Public Works]
Ex Parte Communications
No Council Members had anything to report.
PUBLIC COMMENT:
The following citizens spoke on this item: None
Mayor Moreno closed the Public Comment period.
Mayor Moreno noted that the item would be continued to the
September 28, 2021 Regular City Council Meeting.
C. MANAGEMENT REPORTS:
1. East Mall at Centennial Plaza Vacant Lots Study Session
Fiscal Impact: There is no specific fiscal impact associated with the analysis
of future options and disposition of the properties as surplus land.
Recommendation: Council provide staff direction regarding and authorize staff
to proceed with, a PD rezoning of the City owned vacant Centennial Plaza lots
to refine the building envelope and land uses consistent with the General Plan,
City Council Action Plan, and Downtown Revitalization Plan. [Community
Development]
Community Development Director Dunsmore gave the report and answered questions from
the Council.
Mayor Moreno recessed the meeting at 8:44 p.m.
Mayor Moreno reconvened the meeting at 8:55 p.m. with all present.
Page 10 of 216
ITEM NUMBER: A-1
DATE: 09/28/21
Atascadero City Council
September 14, 2021
Page 6 of 7
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: Deborah
McKrell and Christina Asdel Cisneros
Mayor Moreno closed the Public Comment period.
Council provided direction to staff to demolish the existing
vacant structure on the vacant City owned Centennial Plaza
lots and draft a PD overlay zone for development of the City
owned vacant Centennial Plaza lots to refine the building
envelope and land uses consistent with the General Plan, City
Council Action Plan, and Downtown Revitalization Plan.
2. Title 9 Planning and Zoning Text Amendments Annual Code Update
Fiscal Impact: Since the proposed Zoning clarifications are intended to refine
consistency with the General Plan, there is a potential small savings of staff time.
Recommendation: Council adopt, by title only, Ordinance No. 646 (as
introduced on May 25, 2021), amending the Atascadero Municipal Code, Title
9 Zoning Ordinance, Section 9-2.112 Permit Time Limits, Section 9-3.230
Agriculture and residential district allowable land uses, Section 9 -3.262
Property development standards – RMF, Section 9-3.330 Nonresidential
district allowable land uses, Section 9-3.331 Mixed Use residential density,
Section 9-3.430 Public districts allowable land uses, Section 9-3.500
Definitions, Section 9-4.107 Side setbacks, Section 9-4.112 Measurement of
height, Section 9-4.113 Height limitations, Section 9-4.128 Fencing and
screening, Section 9-6.103 Accessory storage, Section 9-6.105 Home
Occupations, Section 9-6.106 Residential accessory uses, Section 9-6.112
Farm animal raising, Section 9-6.113 Interim agricultural uses, Section 9-2.102
General Definitions, based on findings. [Community Development]
Community Development Director Dunsmore and Deputy City Manager/City Clerk
Christensen briefed the City Council on the staff report.
PUBLIC COMMENT:
The following citizens spoke on this item: None
Mayor Moreno closed the Public Comment period.
MOTION: By Mayor Pro Tem Newsom and seconded by Council Member Funk
to adopt, by title only, Ordinance No. 646 (as introduced on May 25,
2021), amending the Atascadero Municipal Code, Title 9 Zoning
Ordinance, Section 9-2.112 Permit Time Limits, Section 9-3.230
Agriculture and residential district allowable land uses, Section 9 -
3.262 Property development standards – RMF, Section 9-3.330
Nonresidential district allowable land uses, Section 9-3.331 Mixed
Use residential density, Section 9-3.430 Public districts allowable
Page 11 of 216
ITEM NUMBER: A-1
DATE: 09/28/21
Atascadero City Council
September 14, 2021
Page 7 of 7
land uses, Section 9-3.500 Definitions, Section 9-4.107 Side
setbacks, Section 9-4.112 Measurement of height, Section 9-4.113
Height limitations, Section 9-4.128 Fencing and screening, Section
9-6.103 Accessory storage, Section 9 -6.105 Home Occupations,
Section 9-6.106 Residential accessory uses, Section 9-6.112 Farm
animal raising, Section 9-6.113 Interim agricultural uses, Section 9-
2.102 General Definitions, based on findings.
Motion passed 5:0 by a roll-call vote.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members made brief announcements and gave brief update reports
on their committees since their last Council meeting:
Council Member Bourbeau
1. Integrated Waste Management Authority (IWMA)
Council Member Funk
1. Homeless Services Oversight Council
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURN
Mayor Moreno recessed the Regular Meeting at 10:17 p.m. and reconvened the Closed
Session Meeting at 10:18 p.m.
The meeting was adjourned at 11:09 pm; no reportable action.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
APPROVED:
Page 12 of 216
^Ka'iilfti&Ts1C7B —I<wmvI. <.^3S&<&^Atascadero City CouncilStaff Report- Administrative Services DepartmentAugust 2021 Accounts Payable and PayrollRECOMMENDATION:Council approve certified City accounts payable, payroll and payroll vendor checksfor August 2021.DISCUSSION:Attached for City Council review and approval are the following:PayrollDated 8/5/21 Checks # 35203 -35215Direct DepositsDated 8/19/21 Checks # 35216 - 35230Direct DepositsAccounts PayableDated 8/1/21-8/31/21 Checks # 168352 -168665&EFTs4127-4154$TOTAL AMOUNT12,720.50331,248.9712,166.15333,062.032,548,890.87$ 3,238,088.52FISCAL IMPACT:Total expenditures for all funds is$ 3,238,088.52CERTIFICATION:The undersigned certifies that the attached demands have been released forpayment and that funds are available for these demands./T^>C~^Ur\^(2^J^rTl^angef ' Jf(ireotor of Administrative ServicesATTACHMENT:August 2021 Eden Warrant Register in the amount of$ 2,548,890.87ITEM NUMBER: A-2DATE: 09/28/21Page 13 of 216
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2021
168352 08/04/2021 WEX BANK - 76 UNIVERSL 326.15Accounts Payable Check
168353 08/04/2021 WEX BANK - WEX FLEET UNIVERSAL 338.95Accounts Payable Check
168355 08/04/2021 ATASCADERO MUTUAL WATER CO.32,793.50Accounts Payable Check
168356 08/04/2021 WEX BANK - 76 UNIVERSL 15,792.33Accounts Payable Check
168357 08/04/2021 WEX BANK - WEX FLEET UNIVERSAL 8,410.47Accounts Payable Check
4127 08/05/2021 ANTHEM BLUE CROSS HSA 8,307.82Payroll Vendor Payment
168358 08/05/2021 ATASCADERO MID MGRS ORG UNION 80.00Payroll Vendor Payment
168359 08/05/2021 ATASCADERO POLICE OFFICERS 1,741.50Payroll Vendor Payment
168360 08/05/2021 ATASCADERO PROF. FIREFIGHTERS 1,027.05Payroll Vendor Payment
168361 08/05/2021 EMPLOYMENT DEV. DEPARTMENT 723.00Payroll Vendor Payment
168362 08/05/2021 MASS MUTUAL WORKPLACE SOLUTION 7,694.09Payroll Vendor Payment
168363 08/05/2021 NATIONWIDE RETIREMENT SOLUTION 1,112.74Payroll Vendor Payment
168364 08/05/2021 NAVIA BENEFIT SOLUTIONS 2,626.87Payroll Vendor Payment
168365 08/05/2021 SEIU LOCAL 620 834.81Payroll Vendor Payment
168366 08/05/2021 VANTAGEPOINT TRNSFR AGT 106099 357.85Payroll Vendor Payment
168367 08/05/2021 VANTAGEPOINT TRNSFR AGT 304633 6,956.58Payroll Vendor Payment
168368 08/05/2021 VANTAGEPOINT TRNSFR AGT 706276 546.00Payroll Vendor Payment
4128 08/06/2021 STATE DISBURSEMENT UNIT 467.07Payroll Vendor Payment
4129 08/06/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,090.52Payroll Vendor Payment
4130 08/06/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 29,154.80Payroll Vendor Payment
4131 08/06/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,945.56Payroll Vendor Payment
4132 08/06/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,746.58Payroll Vendor Payment
4133 08/06/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,066.24Payroll Vendor Payment
4134 08/06/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 9,353.51Payroll Vendor Payment
4135 08/06/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,371.97Payroll Vendor Payment
4136 08/06/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 13,859.88Payroll Vendor Payment
168369 08/06/2021 ANTHEM BLUE CROSS HEALTH 192,528.61Payroll Vendor Payment
168370 08/06/2021 LINCOLN NATIONAL LIFE INS CO 1,832.47Payroll Vendor Payment
168371 08/06/2021 MEDICAL EYE SERVICES 1,720.92Payroll Vendor Payment
168372 08/06/2021 PREFERRED BENEFITS INSURANCE 8,563.40Payroll Vendor Payment
4137 08/10/2021 RABOBANK, N.A.65,972.97Payroll Vendor Payment
4138 08/10/2021 EMPLOYMENT DEV DEPARTMENT 20,912.55Payroll Vendor Payment
4139 08/10/2021 EMPLOYMENT DEV. DEPARTMENT 2,508.72Payroll Vendor Payment
168373 08/13/2021 A SUPERIOR CRANE, LLC 540.00Accounts Payable Check
168374 08/13/2021 ALAMEDA ELECTRICAL DISTRIBUTOR 71.80Accounts Payable Check
168375 08/13/2021 ALPHA ELECTRIC SERVICE 750.00Accounts Payable Check
168376 08/13/2021 AT&T 393.62Accounts Payable Check
168377 08/13/2021 AT&T 101.61Accounts Payable Check
168378 08/13/2021 BATTERY SYSTEMS, INC.190.92Accounts Payable Check
168379 08/13/2021 CARQUEST OF ATASCADERO 186.63Accounts Payable Check
168380 08/13/2021 COASTAL COPY, INC.240.41Accounts Payable Check
168381 08/13/2021 CREWSENSE, LLC 93.36Accounts Payable Check
168382 08/13/2021 CRYSTAL CREAMERY, INC.1,158.65Accounts Payable Check
ITEM NUMBER: A-2
DATE: 09/28/21
ATTACHMENT: 1
Page 14 of 216
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2021
168383 08/13/2021 DELTA LIQUID ENERGY 16.23Accounts Payable Check
168384 08/13/2021 ELECTRICRAFT, INC.782.57Accounts Payable Check
168385 08/13/2021 FGL ENVIRONMENTAL 362.00Accounts Payable Check
168386 08/13/2021 HART IMPRESSIONS PRINTING 271.53Accounts Payable Check
168387 08/13/2021 INFORMATION TECHNOLOGY 2,130.85Accounts Payable Check
168388 08/13/2021 JIFFY LUBE 54.95Accounts Payable Check
168389 08/13/2021 JK2 APPAREL 580.86Accounts Payable Check
168390 08/13/2021 KID TEES 232.20Accounts Payable Check
168391 08/13/2021 KRITZ EXCAVATING & TRUCKNG INC 629.77Accounts Payable Check
168392 08/13/2021 LEE WILSON ELECTRIC CO. INC 747.42Accounts Payable Check
168393 08/13/2021 MUFG UNION BANK, N.A.2,960.00Accounts Payable Check
168394 08/13/2021 NORTH CO SEPTIC SERVICE, INC.1,785.00Accounts Payable Check
168395 08/13/2021 OFFICE DEPOT INC.469.69Accounts Payable Check
168396 08/13/2021 PACIFIC GAS AND ELECTRIC 30,032.53Accounts Payable Check
168397 08/13/2021 RAIN FOR RENT 7,250.98Accounts Payable Check
168398 08/13/2021 RAINSCAPE, A LANDSCAPE SVC CO.180.87Accounts Payable Check
168399 08/13/2021 READYREFRESH BY NESTLE 346.13Accounts Payable Check
168400 08/13/2021 RECOGNITION WORKS 2,006.44Accounts Payable Check
168401 08/13/2021 ROB REYNOLDS CONSTRUCTION, INC 333,871.55Accounts Payable Check
168402 08/13/2021 JAMES STEVEN ROBINSON DVM 12,400.00Accounts Payable Check
168403 08/13/2021 SAN LUIS POWERHOUSE, INC.963.53Accounts Payable Check
168404 08/13/2021 STANLEY CONVERGENT SECURITY 367.20Accounts Payable Check
168405 08/13/2021 VERIZON WIRELESS 892.37Accounts Payable Check
168406 08/13/2021 WECK LABRATORIES, INC.930.00Accounts Payable Check
168407 08/13/2021 WISHPETS CO.386.64Accounts Payable Check
168408 08/13/2021 13 STARS MEDIA 1,130.06Accounts Payable Check
168409 08/13/2021 2 MEXICANS, LLC 3,725.00Accounts Payable Check
168410 08/13/2021 A SUPERIOR CRANE, LLC 1,620.00Accounts Payable Check
168411 08/13/2021 AGM CALIFORNIA, INC.1,140.00Accounts Payable Check
168412 08/13/2021 AIRGAS USA, LLC 57.31Accounts Payable Check
168413 08/13/2021 ALLIANT INSURANCE SERVICES INC 141.00Accounts Payable Check
168414 08/13/2021 MICHAEL J. ARRIOLA 1,050.00Accounts Payable Check
168415 08/13/2021 AT&T 268.64Accounts Payable Check
168416 08/13/2021 ATASCADERO PICKLEBALL CLUB,INC 785.40Accounts Payable Check
168417 08/13/2021 AVILA TRAFFIC SAFETY 213.15Accounts Payable Check
168418 08/13/2021 KEITH R. BERGHER 270.00Accounts Payable Check
168419 08/13/2021 BILL GAINES AUDIO, INC.600.70Accounts Payable Check
168420 08/13/2021 JUSTIN M. BLODGET 480.00Accounts Payable Check
168421 08/13/2021 BRANCH SMITH PROPERTIES 362.00Accounts Payable Check
168422 08/13/2021 CASEY BRYSON 143.00Accounts Payable Check
168423 08/13/2021 CA POLICE CHIEF'S ASSC 145.00Accounts Payable Check
168424 08/13/2021 CAL-COAST IRRIGATION, INC 254.52Accounts Payable Check
168425 08/13/2021 CALIFORNIA JPIA 5,247.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 09/28/21
ATTACHMENT: 1
Page 15 of 216
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2021
168426 08/13/2021 CALIFORNIA JPIA 556.90Accounts Payable Check
168427 08/13/2021 CARQUEST OF ATASCADERO 28.19Accounts Payable Check
168428 08/13/2021 CASH 900.00Accounts Payable Check
168429 08/13/2021 CHARTER COMMUNICATIONS 4,327.34Accounts Payable Check
168430 08/13/2021 KAREN A. CLANIN 395.50Accounts Payable Check
168431 08/13/2021 CLEVER CONCEPTS, INC.47.95Accounts Payable Check
168432 08/13/2021 CREWSENSE, LLC 2,598.72Accounts Payable Check
168433 08/13/2021 CRYSTAL CREAMERY, INC.441.98Accounts Payable Check
168434 08/13/2021 CRYSTAL SPRINGS WATER 20.00Accounts Payable Check
168435 08/13/2021 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check
168436 08/13/2021 DAN BIDDLE PEST CONTROL SERVIC 135.00Accounts Payable Check
168437 08/13/2021 NICHOLAS DEBAR 300.00Accounts Payable Check
168438 08/13/2021 JOE DEBRUIN, PH.D.900.00Accounts Payable Check
168439 08/13/2021 DESTINATION TRAVEL NETWORK 75.00Accounts Payable Check
168440 08/13/2021 DOOMSDAY SKATE, LLC 72.00Accounts Payable Check
168441 08/13/2021 PHILIP DUNSMORE 300.00Accounts Payable Check
168442 08/13/2021 EARTH SYSTEMS PACIFIC 885.00Accounts Payable Check
168443 08/13/2021 ECS IMAGING, INC.5,957.83Accounts Payable Check
168444 08/13/2021 DANIEL E. ERNST 350.00Accounts Payable Check
168445 08/13/2021 ESRI, INC.13,510.00Accounts Payable Check
168446 08/13/2021 FARM SUPPLY COMPANY 1,984.25Accounts Payable Check
168447 08/13/2021 FERGUSON ENTERPRISES, LLC 169.90Accounts Payable Check
168448 08/13/2021 FERRELL'S AUTO REPAIR 59.50Accounts Payable Check
168449 08/13/2021 JUSTIN S. FETZER 555.00Accounts Payable Check
168450 08/13/2021 FIESTA MAHAR MANUFACTURNG CORP 925.03Accounts Payable Check
168451 08/13/2021 FITNESS EDGE EXERCISE EQUIP.280.00Accounts Payable Check
168452 08/13/2021 FRANCHISE TAX BOARD 247.75Accounts Payable Check
168453 08/13/2021 G. SOSA CONSTRUCTION, INC.15,257.56Accounts Payable Check
168454 08/13/2021 NICOLE M. GUIDOTTI 1,707.00Accounts Payable Check
168455 08/13/2021 KYLE HACKETT 1,070.79Accounts Payable Check
168456 08/13/2021 BRETT HILDEBRAND 163.00Accounts Payable Check
168457 08/13/2021 IRON MOUNTAIN RECORDS MGMNT 126.35Accounts Payable Check
168458 08/13/2021 JOURNAL PLUS MAGAZINE 1,800.00Accounts Payable Check
168459 08/13/2021 KIRK CONSTRUCTION 1,562.54Accounts Payable Check
168460 08/13/2021 KPRL 1230 AM 500.00Accounts Payable Check
168461 08/13/2021 KW CONSTRUCTION 4,700.00Accounts Payable Check
168462 08/13/2021 LIEBERT CASSIDY WHITMORE 4,165.00Accounts Payable Check
168463 08/13/2021 LIFE ASSIST, INC.5,404.02Accounts Payable Check
168464 08/13/2021 MADRONE LANDSCAPES, INC.401.00Accounts Payable Check
168465 08/13/2021 MARBORG INDUSTRIES 962.28Accounts Payable Check
168466 08/13/2021 ROBERT MASTERSON 194.00Accounts Payable Check
168467 08/13/2021 WADE MCKINNEY 486.51Accounts Payable Check
168468 08/13/2021 MICHAEL K. NUNLEY & ASSC, INC.6,117.44Accounts Payable Check
ITEM NUMBER: A-2
DATE: 09/28/21
ATTACHMENT: 1
Page 16 of 216
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2021
168469 08/13/2021 MID-COAST MOWER & SAW, INC.185.25Accounts Payable Check
168470 08/13/2021 MINER'S ACE HARDWARE 869.21Accounts Payable Check
168471 08/13/2021 MISSION UNIFORM SERVICE 338.58Accounts Payable Check
168472 08/13/2021 MULLAHEY CDJR 26,300.06Accounts Payable Check
168473 08/13/2021 MV TRANSPORTATION, INC.18,658.35Accounts Payable Check
168474 08/13/2021 NEW TIMES 1,885.00Accounts Payable Check
168475 08/13/2021 NORTH CO SEPTIC SERVICE, INC.2,528.75Accounts Payable Check
168476 08/13/2021 OFFICE DEPOT INC.319.39Accounts Payable Check
168479 08/13/2021 PACIFIC GAS AND ELECTRIC 34,703.16Accounts Payable Check
168480 08/13/2021 PEAKWIFI, LLC 650.00Accounts Payable Check
168481 08/13/2021 DEAN PERICIC 194.00Accounts Payable Check
168482 08/13/2021 PRAXAIR DISTRIBUTION, INC.58.48Accounts Payable Check
168483 08/13/2021 PROCARE JANITORIAL SUPPLY,INC.437.67Accounts Payable Check
168484 08/13/2021 PROSOUND BUSINESS MEDIA, INC.99.00Accounts Payable Check
168485 08/13/2021 PRP COMPANIES 214.15Accounts Payable Check
168486 08/13/2021 RAIN FOR RENT 8,829.57Accounts Payable Check
168487 08/13/2021 RAINSCAPE, A LANDSCAPE SVC CO.7,493.44Accounts Payable Check
168488 08/13/2021 RAMINHA CONSTRUCTION, INC.105,120.15Accounts Payable Check
168489 08/13/2021 JERI RANGEL 300.00Accounts Payable Check
168490 08/13/2021 READYREFRESH BY NESTLE 68.51Accounts Payable Check
168491 08/13/2021 RACHELLE RICKARD 500.00Accounts Payable Check
168492 08/13/2021 ROLSON MUSIC & SOUND 1,500.00Accounts Payable Check
168493 08/13/2021 SCHINDLER ELEVATOR CORP 458.43Accounts Payable Check
168494 08/13/2021 JAMES SCOOLIS 900.00Accounts Payable Check
168495 08/13/2021 SHI INTERNATIONAL CORP.188.46Accounts Payable Check
168496 08/13/2021 SITEONE LANDSCAPE SUPPLY, LLC 280.62Accounts Payable Check
168497 08/13/2021 SOUZA CONSTRUCTION, INC.108,661.66Accounts Payable Check
168498 08/13/2021 SPEAKWRITE, LLC.498.47Accounts Payable Check
168499 08/13/2021 SPECIALIZED EQUIPMENT REPAIR 2,105.15Accounts Payable Check
168500 08/13/2021 SUNLIGHT JANITORIAL, INC.1,700.00Accounts Payable Check
168501 08/13/2021 THOMSON REUTERS - WEST 175.10Accounts Payable Check
168502 08/13/2021 ULTREX LEASING 276.34Accounts Payable Check
168503 08/13/2021 UNITED RENTALS (NORTH AM), INC 26,095.64Accounts Payable Check
168504 08/13/2021 DAVID VAN SON 153.00Accounts Payable Check
168505 08/13/2021 VISIT SLO CAL 12,500.00Accounts Payable Check
168506 08/13/2021 KYLER P. WARREN 391.00Accounts Payable Check
168507 08/13/2021 WCJ PROPERTY SERVICES 743.25Accounts Payable Check
168508 08/13/2021 WEST COAST AUTO & TOWING, INC.110.00Accounts Payable Check
168509 08/13/2021 HEATH T. WEST 136.00Accounts Payable Check
168510 08/13/2021 WHITLOCK & WEINBERGER TRANS.6,295.90Accounts Payable Check
168511 08/13/2021 WILKINS ACTION GRAPHICS 214.89Accounts Payable Check
168512 08/13/2021 GEORGE P. WILLIAMS 500.00Accounts Payable Check
168513 08/13/2021 ANNE G. WILSON 495.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 09/28/21
ATTACHMENT: 1
Page 17 of 216
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2021
168514 08/13/2021 KAREN B. WYKE 942.90Accounts Payable Check
168515 08/13/2021 YOUTH EVOLUTION SOCCER 1,425.60Accounts Payable Check
168516 08/13/2021 ZOOM IMAGING SOLUTIONS, INC.986.91Accounts Payable Check
4140 08/19/2021 ANTHEM BLUE CROSS HSA 10,297.82Payroll Vendor Payment
168517 08/19/2021 ATASCADERO MID MGRS ORG UNION 80.00Payroll Vendor Payment
168518 08/19/2021 ATASCADERO POLICE OFFICERS 1,741.50Payroll Vendor Payment
168519 08/19/2021 ATASCADERO PROF. FIREFIGHTERS 1,027.05Payroll Vendor Payment
168520 08/19/2021 MASS MUTUAL WORKPLACE SOLUTION 7,451.27Payroll Vendor Payment
168521 08/19/2021 NATIONWIDE RETIREMENT SOLUTION 1,247.62Payroll Vendor Payment
168522 08/19/2021 NAVIA BENEFIT SOLUTIONS 2,626.87Payroll Vendor Payment
168523 08/19/2021 SEIU LOCAL 620 835.78Payroll Vendor Payment
168524 08/19/2021 VANTAGEPOINT TRNSFR AGT 106099 357.85Payroll Vendor Payment
168525 08/19/2021 VANTAGEPOINT TRNSFR AGT 304633 6,562.44Payroll Vendor Payment
168526 08/19/2021 VANTAGEPOINT TRNSFR AGT 706276 746.00Payroll Vendor Payment
4141 08/20/2021 STATE DISBURSEMENT UNIT 467.07Payroll Vendor Payment
4142 08/20/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,107.10Payroll Vendor Payment
4143 08/20/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 29,763.10Payroll Vendor Payment
4144 08/20/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,927.13Payroll Vendor Payment
4145 08/20/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,764.62Payroll Vendor Payment
4146 08/20/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,066.24Payroll Vendor Payment
4147 08/20/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,812.99Payroll Vendor Payment
4148 08/20/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,453.29Payroll Vendor Payment
4149 08/20/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 13,607.59Payroll Vendor Payment
4150 08/24/2021 BANK OF NEW YORK MELLON 641,857.25Accounts Payable Check
4151 08/24/2021 RABOBANK, N.A.68,303.06Payroll Vendor Payment
4152 08/24/2021 EMPLOYMENT DEV DEPARTMENT 21,753.07Payroll Vendor Payment
4153 08/24/2021 EMPLOYMENT DEV. DEPARTMENT 2,684.86Payroll Vendor Payment
4154 08/25/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,800.00Accounts Payable Check
168527 08/27/2021 ADVANCED EQUIPMENT CORP.3,639.00Accounts Payable Check
168528 08/27/2021 AT&T 46.06Accounts Payable Check
168529 08/27/2021 ATASCADERO PROF. FIREFIGHTERS 1,679.76Accounts Payable Check
168530 08/27/2021 ATASCADERO YOUTH FOOTBALL 627.50Accounts Payable Check
168531 08/27/2021 BASSETT'S CRICKET RANCH,INC.360.99Accounts Payable Check
168532 08/27/2021 BURKE,WILLIAMS, & SORENSON LLP 42,142.25Accounts Payable Check
168533 08/27/2021 CITY OF ATASCADERO 546.33Accounts Payable Check
168534 08/27/2021 CO OF SAN LUIS OBISPO SART PRG 1,906.00Accounts Payable Check
168535 08/27/2021 EMI SPORTWEAR 320.21Accounts Payable Check
168536 08/27/2021 ESCUELA DEL RIO 60.00Accounts Payable Check
168537 08/27/2021 FILIPPIN ENGINEERING, INC.1,550.00Accounts Payable Check
168538 08/27/2021 IRON MOUNTAIN RECORDS MGMNT 35.21Accounts Payable Check
168539 08/27/2021 TORI KEEN 330.00Accounts Payable Check
168540 08/27/2021 LANTERN PRESS 1,144.44Accounts Payable Check
168541 08/27/2021 MEYER TREE CONSULTING 725.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 09/28/21
ATTACHMENT: 1
Page 18 of 216
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2021
168542 08/27/2021 MICHAEL K. NUNLEY & ASSC, INC.1,363.15Accounts Payable Check
168543 08/27/2021 MINER'S ACE HARDWARE 475.56Accounts Payable Check
168544 08/27/2021 MISSION UNIFORM SERVICE 37.00Accounts Payable Check
168545 08/27/2021 MONSOON CONSULTANTS 210.00Accounts Payable Check
168546 08/27/2021 OFFICE DEPOT INC.68.10Accounts Payable Check
168547 08/27/2021 PACIFIC CNTRL COAST HLTH CTRS 115.00Accounts Payable Check
168548 08/27/2021 PENGUIN RANDOM HOUSE, LLC 615.93Accounts Payable Check
168549 08/27/2021 PERRY'S PARCEL & GIFT 302.19Accounts Payable Check
168550 08/27/2021 PERRY'S PARCEL & GIFT 185.00Accounts Payable Check
168551 08/27/2021 PHILLIPS INTERNATIONAL, INC.765.00Accounts Payable Check
168552 08/27/2021 READYREFRESH BY NESTLE 314.78Accounts Payable Check
168553 08/27/2021 JOHN ROSSETTI 15,200.78Accounts Payable Check
168554 08/27/2021 SCHNEIDER ELECTRIC SYS USA INC 2,531.98Accounts Payable Check
168555 08/27/2021 SLO COUNTY SHERIFF'S OFFICE 212.00Accounts Payable Check
168556 08/27/2021 SMART AND FINAL 482.02Accounts Payable Check
168557 08/27/2021 STANLEY CONVERGENT SECURITY 367.20Accounts Payable Check
168559 08/27/2021 U.S. BANK 11,904.83Accounts Payable Check
168560 08/27/2021 VERIZON WIRELESS 1,940.08Accounts Payable Check
168561 08/27/2021 VISIT SLO CAL 75,026.09Accounts Payable Check
168562 08/27/2021 WALLACE GROUP 3,658.75Accounts Payable Check
168563 08/27/2021 WISHPETS CO.97.36Accounts Payable Check
168564 08/27/2021 13 STARS MEDIA 39.82Accounts Payable Check
168565 08/27/2021 29TONIGHT, INC.408.86Accounts Payable Check
168566 08/27/2021 A & T ARBORISTS & VEGETATION 3,800.00Accounts Payable Check
168567 08/27/2021 ADAMSKI,MOROSKI,MADDEN,1,662.00Accounts Payable Check
168568 08/27/2021 AGP VIDEO, INC.1,555.00Accounts Payable Check
168569 08/27/2021 AIRGAS USA, LLC 399.39Accounts Payable Check
168570 08/27/2021 ALL SIGNS AND GRAPHICS, INC.287.10Accounts Payable Check
168571 08/27/2021 ALPHA ELECTRIC SERVICE 3,253.69Accounts Payable Check
168572 08/27/2021 AMERICAN WEST TIRE & AUTO INC 726.32Accounts Payable Check
168574 08/27/2021 AT&T 628.27Accounts Payable Check
168575 08/27/2021 AT&T 815.63Accounts Payable Check
168576 08/27/2021 ATASCADERO HAY & FEED 1,432.43Accounts Payable Check
168577 08/27/2021 AURORA WORLD, INC.1,199.52Accounts Payable Check
168578 08/27/2021 AVILA TRAFFIC SAFETY 1,462.69Accounts Payable Check
168579 08/27/2021 THE BAKERSFIELD CALIFORNIAN 1,290.00Accounts Payable Check
168580 08/27/2021 BASSETT'S CRICKET RANCH,INC.304.48Accounts Payable Check
168581 08/27/2021 JULIE C. BEAVER 350.00Accounts Payable Check
168582 08/27/2021 BELL'S PLUMBING REPAIR, INC.275.00Accounts Payable Check
168583 08/27/2021 BERRY MAN, INC.1,114.95Accounts Payable Check
168584 08/27/2021 BORJON AUTO CENTER 57.65Accounts Payable Check
168585 08/27/2021 BREZDEN PEST CONTROL, INC.192.00Accounts Payable Check
168586 08/27/2021 CARQUEST OF ATASCADERO 219.20Accounts Payable Check
ITEM NUMBER: A-2
DATE: 09/28/21
ATTACHMENT: 1
Page 19 of 216
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2021
168587 08/27/2021 CENTRAL COAST TRANSPORTATION 1,820.00Accounts Payable Check
168588 08/27/2021 CHARTER COMMUNICATIONS 124.98Accounts Payable Check
168589 08/27/2021 COASTAL COPY, INC.179.49Accounts Payable Check
168590 08/27/2021 CREATIVE SVCS OF NEW ENGLAND 298.95Accounts Payable Check
168591 08/27/2021 CRYSTAL CREAMERY, INC.952.06Accounts Payable Check
168592 08/27/2021 DOGGIE WALK BAGS COMPANY 289.79Accounts Payable Check
168593 08/27/2021 EL CAMINO CAR WASH 49.99Accounts Payable Check
168594 08/27/2021 ESCROW CLEANING SERVICE 300.00Accounts Payable Check
168595 08/27/2021 ESCUELA DEL RIO 780.00Accounts Payable Check
168596 08/27/2021 EVERYTHING'S ORGANIZED, LLC 29.00Accounts Payable Check
168597 08/27/2021 FASTENAL COMPANY 607.74Accounts Payable Check
168598 08/27/2021 FENCE FACTORY ATASCADERO 1,132.73Accounts Payable Check
168599 08/27/2021 FGL ENVIRONMENTAL 570.00Accounts Payable Check
168600 08/27/2021 FIESTA MAHAR MANUFACTURNG CORP 407.54Accounts Payable Check
168601 08/27/2021 GARRY BRILL PRODUCTIONS 150.00Accounts Payable Check
168602 08/27/2021 GAS COMPANY 509.14Accounts Payable Check
168603 08/27/2021 GHOST/MONSTER 350.00Accounts Payable Check
168604 08/27/2021 GLOBAL EYEWEAR 275.42Accounts Payable Check
168605 08/27/2021 DANIEL J. GRASSESCHI 350.00Accounts Payable Check
168606 08/27/2021 HART IMPRESSIONS PRINTING 125.72Accounts Payable Check
168607 08/27/2021 PEGGY HOSHINO 40.25Accounts Payable Check
168608 08/27/2021 HUNGRY MOTHER 140.00Accounts Payable Check
168609 08/27/2021 JK'S UNLIMITED, INC.8,182.46Accounts Payable Check
168610 08/27/2021 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check
168611 08/27/2021 KID TEES 760.80Accounts Payable Check
168612 08/27/2021 KPRL 1230 AM 320.00Accounts Payable Check
168613 08/27/2021 LAYNE LABORATORIES, INC.1,986.86Accounts Payable Check
168614 08/27/2021 LIFE ASSIST, INC.3,039.13Accounts Payable Check
168615 08/27/2021 MADRONE LANDSCAPES, INC.365.00Accounts Payable Check
168616 08/27/2021 EDWARD J. MILLER, JR.350.00Accounts Payable Check
168617 08/27/2021 MINER'S ACE HARDWARE 909.75Accounts Payable Check
168619 08/27/2021 MISSION UNIFORM SERVICE 604.76Accounts Payable Check
168620 08/27/2021 TIM MOSCARDI 140.00Accounts Payable Check
168621 08/27/2021 KYLE NAKAZAWA 1,411.83Accounts Payable Check
168622 08/27/2021 NORTH COAST ENGINEERING INC.1,290.00Accounts Payable Check
168623 08/27/2021 NORTH COUNTY BACKFLOW 65.00Accounts Payable Check
168624 08/27/2021 OFFICE DEPOT INC.75.35Accounts Payable Check
168625 08/27/2021 ON THE WALL, INC.1,000.00Accounts Payable Check
168626 08/27/2021 RON OVERACKER 283.36Accounts Payable Check
168627 08/27/2021 PACIFIC GAS AND ELECTRIC 31,862.81Accounts Payable Check
168628 08/27/2021 PENGUIN RANDOM HOUSE, LLC 473.40Accounts Payable Check
168629 08/27/2021 PERRY'S ELECTRIC MOTORS & CTRL 8,187.44Accounts Payable Check
168630 08/27/2021 PERRY'S PARCEL & GIFT 25.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 09/28/21
ATTACHMENT: 1
Page 20 of 216
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2021
168631 08/27/2021 PERRY'S PARCEL & GIFT 86.80Accounts Payable Check
168632 08/27/2021 PHILLIPS INTERNATIONAL, INC.1,348.80Accounts Payable Check
168633 08/27/2021 PHOTON BROTHERS 182.78Accounts Payable Check
168634 08/27/2021 PROCARE JANITORIAL SUPPLY,INC.896.47Accounts Payable Check
168635 08/27/2021 PRW STEEL SUPPLY, INC.775.55Accounts Payable Check
168636 08/27/2021 ANTHONY RAMIREZ 350.00Accounts Payable Check
168637 08/27/2021 READYREFRESH BY NESTLE 167.51Accounts Payable Check
168638 08/27/2021 RECOGNITION WORKS 4.02Accounts Payable Check
168639 08/27/2021 RHODE ISLAND NOVELTY 641.84Accounts Payable Check
168640 08/27/2021 ROLSON MUSIC & SOUND 2,575.00Accounts Payable Check
168641 08/27/2021 SAFARI LTD.93.24Accounts Payable Check
168642 08/27/2021 SERVICE SYSTEMS ASSC, INC.2,500.00Accounts Payable Check
168643 08/27/2021 SLO COUNTY SHERIFF'S OFFICE 750.00Accounts Payable Check
168644 08/27/2021 SOUTH COAST EMERGENCY VEH SVC 296.15Accounts Payable Check
168645 08/27/2021 SOUZA CONSTRUCTION, INC.666.08Accounts Payable Check
168646 08/27/2021 SUN BADGE COMPANY 160.80Accounts Payable Check
168647 08/27/2021 SUNLIGHT JANITORIAL, INC.961.00Accounts Payable Check
168648 08/27/2021 SUNSET SERVICE CENTER 100.95Accounts Payable Check
168649 08/27/2021 SWANK MOTION PICTURES, INC.1,100.00Accounts Payable Check
168650 08/27/2021 RODOLFO B. TORRES 350.00Accounts Payable Check
168654 08/27/2021 U.S. BANK 24,695.61Accounts Payable Check
168655 08/27/2021 U.S. POSTAL SERVICE 3,000.00Accounts Payable Check
168656 08/27/2021 ULTREX BUSINESS PRODUCTS 35.77Accounts Payable Check
168657 08/27/2021 UNITED RENTALS (NORTH AM), INC 6,144.39Accounts Payable Check
168658 08/27/2021 VILLAGE ORIGINALS, INC.701.99Accounts Payable Check
168659 08/27/2021 VINO VICE, INC.132.00Accounts Payable Check
168660 08/27/2021 VITAL RECORDS CONTROL 169.99Accounts Payable Check
168661 08/27/2021 WARM FUZZY TOYS 645.13Accounts Payable Check
168662 08/27/2021 WHITLOCK & WEINBERGER TRANS.8,624.28Accounts Payable Check
168663 08/27/2021 WILBUR-ELLIS COMPANY 957.00Accounts Payable Check
168664 08/27/2021 ZOOM IMAGING SOLUTIONS, INC.986.91Accounts Payable Check
168665 08/31/2021 U.S. POSTMASTER 2,200.00Accounts Payable Check
$2,548,890.87
ITEM NUMBER: A-2
DATE: 09/28/21
ATTACHMENT: 1
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ITEM NUMBER: A-3
DATE: 09/28/21
Atascadero City Council
Staff Report – Fire Department
Wildland Fire Engine Replacement
RECOMMENDATION:
Council authorize the City Manager to execute a contract with South Coast Fire
Equipment, Inc. for a total cost of $447,754.91 to build and deliver a Pierce/International
FX3 Type-3 Fire Engine.
DISCUSSION:
The Fire Department maintains a fleet of three Type 1 (Structure Fire/Medical/Rescue)
engines, two Type 3 (Wildland) engines, one Ladder Truck, one Ambulance and one
Heavy Rescue Trailer. This fleet allows the Department to protect the community from
hazards including building and wildland fires, entrapments and technical rescues,
hazardous materials incidents, as well as provide paramedic emergency medical services
to those injured or sick. The engines are cross-staffed, meaning multiple engines are
housed at each Fire Station and the crew takes the appropriate engine based on the type
of 911 call. Fire Station 1 and 2 each have one assigned Type 3 wildland engine.
A wildland engine is typically shorter and smaller than a Type 1 engine. It does not carry
all of the structural firefighting or rescue tools needed on a Type 1. It carries less hose
and has a smaller water tank. Its tool complement includes wildland chain saws, fire line
cutting tools such as shovels, McLeods and Pulaskis, and backfiring devices like fusees
and drip torches. Many wildland engines are 4-wheel drive, allowing them to access
steep or rocky terrain. Most have a second or “auxiliary” pump that allows them to drive
along the edge of a wildland fire and pump water at the same time. With a shorter wheel
base, they are more maneuverable on narrow roads or driveways where visibility may be
poor due to smoke conditions.
Engine 7574 is the wildland engine housed at Fire Station 2 and was placed in service in
2001. It was built by Westmark in California and has served our community well for over
20 years. Not only has it protected Atascadero, it has also served communities all over
the state as part of the California mutual aid system. The life span of our wildland fire
engines is 20 years and staff is recommending purchasing a new Pierce/International FX3
to replace Engine 7574.
The Pierce/International FX3 Type 3 wildland engine will be a well-built, sound
replacement for 7574. The engine will be 4-wheel drive, have a 500 GPM pump and hold
500 gallons of water. Pierce makes an outstanding product. All of the City’s current Type
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ITEM NUMBER: A-3
DATE: 09/28/21
1 engines, Ladder Truck and 2008 Type 3 engine were manufactured by Pierce. Having
one brand of apparatus allows for consistency and standardization. The California dealer
that sells Pierce fire apparatus, South Coast Fire, also maintains a service center in Paso
Robles, allowing for quick repairs when needed.
The replacement of Engine 7574 was included in the 2021-2023 adopted budget for fiscal
year 2022-2023. The budget designated $450,000 from the Vehicle and Equipment
Replacement Fund. Staff recommends approving this purchase and authorizing the City
Manager to execute a contract now because the build time for a new fire engine is
estimated at 12 to 14 months. Delivery and expenditure of all funds will be in the budget
year 2022-2023.
In accordance with the City of Atascadero Purchasing Policy Section 2 (3.1), the City will
be purchasing through the use of a governmental contract in lieu of the formal bid process.
Atascadero is a member of a nation-wide buying consortium called Houston Galveston
Area Council (HGAC). The HGAC solicits bids from manufactures for all types of
products, including fire equipment. They receive pricing from fire apparatus
manufactures, publish the costs and allow members to buy at that cost. Purchasing
through a consortium allows Atascadero to follow the City Purchasing Policy and receive
the negotiated price of a nation-wide solicited bid without using a formal bid process.
FISCAL IMPACT:
The total cost of the engine is $447,754.91 of budgeted Vehicle Replacement funds
allocated for fiscal year 2022-2023.
ATTACHMENT:
Quote from South Coast Fire Equipment, Inc.
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ITEM NUMBER: A-5
DATE: 09/28/21
Atascadero City Council
Staff Report - City Manager
Virtual Meetings – AB 361 Requirements
RECOMMENDATION:
Council adopt Draft Resolution making findings consistent with the requirements of
AB 361 to allow for the conduct of virtual meetings.
DISCUSSION:
On March 4, 2020, Governor Newsom declared a state of emergency due to the novel
coronavirus COVID-19. That declaration is still in effect. Since March 12, 2020,
Executive Orders from the Governor have relaxed various Brown Act meeting
requirements relating to teleconferencing rules, temporarily suspending the Brown Act
provisions requiring the physical presence of council, board and commission members
at public meetings. The Governor’s orders allow for virtual meetings while social
distancing orders are in place so that state and local agencies can continue to provide
services with a remote workforce and elected officials. The most recent extension of
that authorization will expire September 30, 2021.
On Friday, September 17, 2021, the Governor signed AB 361, which contained urgency
findings, making the law effective immediately. AB 361 amends Government Code
section 54953 to provide more clarity on the Brown Act’s rules and restrictions
surrounding the use of teleconferencing to conduct meetings. The newly enacted
Government Code section 54953(e) creates alternate measures to protect the ability of
the public to appear before local legislative bodies.
Previous to the Governor’s emergency order, the Brown Act provided that if a legislative
body elects to use teleconferencing, then it must identify each teleconference location in
the public notice and agenda and post agendas at all teleconference locations. (Gov.
Code § 54953(b)(3).) All teleconference locations must be publicly accessible and there
must be an opportunity for public comment at each teleconference location. Additionally,
a quorum of the members of the legislative body must participate from locations
physically within the jurisdictional boundaries of the agency. (Gov. Code § 54953(b)(3).)
These requirements were suspended during the COVID-19 pandemic to facilitate social
distancing recommendations and orders, and the remote work environment that all
employers faced. (Exec. Order N-29-20 § 3; Exec. Order N-08-21 §42.)
Page 38 of 216
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ITEM NUMBER: A-5
DATE: 09/28/21
With the passage of AB 361, local agencies are allowed to continue to conduct virtual
meetings during a declared state of emergency, provided local agencies comply with
specified requirements. Absent this legislation, local agencies would return to Brown
Act meeting requirements on October 1, 2021. For the first virtual public meeting of a
legislative body on or after October 1, such meeting is only allowed if it is during a state
of emergency proclaimed by the Governor, and at least one of the following
circumstances apply:
State or local officials have imposed or recommended measures to promote
social distancing.
The legislative body is meeting to determine whether, as a result of the
emergency, meeting in person would present imminent risks to the health or
safety of attendees.
The legislative body has determined that, as a result of the emergency, meeting
in person presents imminent risks to the health or safety of attendees.
(Gov. Code § 52953(e)(1).)
If any of the circumstances above apply, and an agency elects to hold virtual meetings,
the agency must provide adequate notice of the meeting and post an agenda as
otherwise required by the Brown Act; however, the agenda does not need to list each
teleconference location or be physically posted at each teleconference location.
On August 31, 2021, County Health Officer issued Order No. 6 requiring face coverings
in all public indoor settings. The Order noted “… San Luis Obispo County is
experiencing high levels of community transmission due to the Delta variant. While
most COVID-19 cases are among unvaccinated residents, the proportion of
breakthrough cases is increasing.” The County Health Officer Order also references the
State Occupational Safety and Health Administration (CalOSHA) regulations which,
among other requirements, obligate an employer to provide training to employees on
COVID-19 transmission and risk reduction, including “The fact that particles containing
the virus can travel more than six feet, especially indoors, so physical distancing, face
coverings, increased ventilation indoors, and respiratory protection decrease the spread
of COVID-19, but are most effective when used in combination.” (CCR Section
3205(c)5(D).)
Adoption of the Draft Resolution reaffirms the Health Officer Order and CalOSHA
requirements as the basis for continuing to meet virtually. Additionally, adoption of the
Draft Resolution does not prohibit the conduct of a traditional or hybrid meeting if the
circumstances of the declared health emergency change.
FISCAL IMPACT:
None.
ATTACHMENT:
Draft Resolution
Page 38b of 216
ITEM NUMBER: A-5
DATE:
ATTACHMENT:
09/28/21
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
PROCLAIMING THE CONTINUING NEED TO MEET BY
TELECONFERENCE PURSUANT TO
GOVERNMENT CODE SECTION 54953(e)
WHEREAS, all meetings of the City of Atascadero legislative bodies are open and public
as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963); and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for
remote teleconferencing participation in meetings by members of a legislative body, without
compliance with the requirements of Government Code section 54953(b)(3), subject to the
existence of certain conditions; and
WHEREAS, Government Code section 54953(e) was added by AB 361, signed by
Governor Newsom on September 17, 2021; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a
result of the COVID-19 pandemic; and
WHEREAS, on March 17, 2020, the City of Atascadero declared a State of Emergency as
a result of the COVID-19 pandemic; and
WHEREAS, such State of Emergency remains in effect; and
WHEREAS, COVID-19 continues to threaten the health and lives of City of Atascadero
residents; and
WHEREAS, the Delta variant is highly transmissible in indoor settings and breakthrough
cases are becoming more common; and
WHEREAS, local officials have imposed or recommended measures to promote social
distancing to include the wearing of masks indoors, regardless of vaccination status.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Imminent Risk to Health and Safety. Due to COVID-19, holding City
Council and other legislative body meetings in person will present imminent risk to the health and
safety of attendees.
SECTION 2. Compliance with Government Code Section 54953(e). The City Council and
other legislative bodies will continue to meet by teleconference in accordance with Government
Code section 54953(e).
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ITEM NUMBER: A-5
DATE:
ATTACHMENT:
09/28/21
1
SECTION 3. Effective Date of Resolution. This Resolution shall take effect immediately
upon its adoption and shall be effective until the earlier of (i) 30 days from the date of adoption of
this Resolution, or (ii) such time the City Council adopts a subsequent resolution in accordance
with Government Code section 54953(e)(3) to extend the time during which the legislative bodies
of the City of Atascadero may continue to teleconference without compliance with paragraph (3)
of subdivision (b) of section 54953.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ______
day of _______________, 2021.
On motion by Council Member ____ and seconded by Council Member ____, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
Page 38d of 216
ITEM NUMBER: B-1
DATE: 09/28/21
NOTICE OF CANCELLATION – PUBLIC HEARING
ATASCADERO CITY COUNCIL
Date: September 28, 2021
Subject of Meeting: Ordinance to Amend Title 11, Subdivisions, of the Atascadero
Municipal Code Related to Dedications, Tentative Maps, Parcel
and Final Maps, and Subdivision Improvement Requirements
The public hearing originally scheduled for September 14, 2021 and continued to
September 28, 2021 has been cancelled and will be rescheduled to a future City Council
Meeting date. A public notice for the future hearing will be posted when the hearing date
is determined.
Page 39 of 216
ITEM NUMBER: C-1
DATE: 09/28/21
Atascadero City Council
Management Report - Community Development Department
AMC Title 9, Chapter 5 Accessory Dwelling Unit Text Amendments
RECOMMENDATION:
Council review a series of State law amendments that apply to Accessory Dwelling Units
and provide staff direction for text amendments to Atascadero Municipal Code (AMC)
Title 9, Chapter 5, Accessory Dwelling units.
DISCUSSION:
Background
Title 9, Chapter 5, of the Atascadero Municipal Code regulates Accessory Dwelling Units
(ADUs). The Code was adopted in 2004, last updated in 2010 and is titled “Residential
Second Units” (Attachment 1). Since 2010, the State has provided several updates to the
government code regulating ADUs and Junior ADUs (JADUs) with substantial updates that
became effective on January 1, 2020. These State updates have made many portions of
our local code inconsistent with State law, and State law currently supersedes our local
ordinance. Updates to our local ordinance that comply with State law will allow our City to
recognize local conditions that can apply to the regulation of these accessory units.
In Government Code Section 65852.150, the California Legislature found and declared
that, among other things, “allowing ADUs and JADUs in zones that allow single- and multi-
family uses provides additional rental housing and is an essential component in
addressing California’s housing needs.” Government code changes to the ADU laws are
intended to further reduce barriers, better streamline approval processes, and expand
capacity to accommodate the development of ADUs and JADUs. In 2020, the City
adopted its 2021-2028 Housing Element which identified implementation programs
requiring a number of updates to the City’s code, including the update to Title 9, Chapter
5 to address the government code changes to the ADU regulations. The Housing Element
identified ADUs as a component in helping to meet the City’s moderate- and low-income
RHNA requirements.
Analysis
An ADU is defined as an attached or detached accessory dwelling unit that shares a
property with a primary unit on a residential site, whether in a multi-family or single-family
residential zone. An ADU may be constructed up to 1,200 square feet in habitable floor
area and have multiple bedrooms, although under new State guidelines our local code
Page 40 of 216
ITEM NUMBER: C-1
DATE: 09/28/21
may limit the maximum size to 1,000 square feet (850 square feet for one bedroom units).
A JADU is limited to a maximum of 500 square feet and must be built within an existing
residence or within an attached garage of an existing residence. A JADU may also be
required to be within a residence that is owner occupied, while an ADU may be on a site
that is not owner occupied. A single site may have an ADU and a JADU if it can meet
development standards.
The recent amendments to the California Government Code specifically address the
following new standards that may require modifications to our Municipal Code:
1. Prohibits the City from limiting ADU’s based on minimum lot size (health and safety
concerns that lead to a minimum lot size are permitted).
2. Clarifies that areas designated by local agencies for ADUs may be based on the
adequacy of water and sewer services as well as impacts on traffic flow and public safety.
3. Eliminates all owner-occupancy requirements by local agencies for ADUs
approved between January 1, 2020 and January 1, 2025 (Maintains owner-
occupancy for JADUs).
4. Prohibits a local agency from establishing a maximum size of an ADU of less than
850 square feet, or 1,000 square feet if the ADU contains more than one bedroom.
Sets maximum size limit to 1,200 square feet.
5. Clarifies that when ADUs are created through the conversion of a garage, carport
or covered parking structure, replacement off -street parking spaces cannot be
required by the local agency.
6. Reduces the maximum ADU and JADU application review time from 120 days to 60 days.
7. Establishes impact fee exemptions and limitations based on the size of the ADU.
ADUs up to 749 square feet are exempt from impact fees. ADUs that are 750
square feet or larger may be charged impact fees but only such fees that are
proportional in size (by square foot) to those for the primary dwelling unit.
8. Clarifies that a local agency may identify an ADU or JADU as an adequate site to
satisfy RHNA housing needs.
9. Permits JADUs even where a local agency has not adopted an ordin ance
expressly authorizing them.
10. Allows a permitted JADU to be constructed within the walls of the proposed or
existing single-family residence and eliminates the required inclusion of an existing
bedroom or an interior entry into the single-family residence.
11. Requires, upon application and approval, a local agency to delay enforcement
against a qualifying substandard ADU for five (5) years to allow the owner to
correct the violation, so long as the violation is not a health and safety issue, as
determined by the enforcement agency.
12. Provides that covenants, conditions and restrictions (CC&Rs) that either effectively
prohibit or unreasonably restrict the construction or use of an ADU or JADU on a
lot zoned for single-family residential use are void and unenforceable.
13. Requires cities to prohibit the those ADU’s and JADUs approved under the State
required ministerial process as vacation rentals. The City may be able to adopt a
discretionary process for an additional unit that acts as a vacation rental.
Most importantly, these amendments also mandate that the City update the Municipal
Code to be consistent with the State government code. HCD required our City Housing
Element to adopt policies and programs that prioritize this update. Without the update,
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ITEM NUMBER: C-1
DATE: 09/28/21
portions of our current code that conflict with State law are null and void and we must
default to the government code when enforcing ADU regulations. However, there are
several areas where the City will retain discretion with the new code adoption. These
include determining where ADUs may not be developed when they cannot be adequately
served by water or sewer, or where the expansion of onsite wastewater systems would
not be consistent with the City’s adopted Local Area Management Plan (LAMP) regarding
septic systems or be in conflict with community health, safety, and welfare. The City can
also limit the development of ADUs within areas that may have a substantial public safety
concern based on inadequate road access or significant wildfire risk.
In addition to the Government Code changes that became effective January 1, 2020, the
State recently passed Senate Bill 9 on September 16, 2021 . The bill takes effect on
January 1, 2022. SB 9 is designed to further streamline the production of housing and
mandates that Cities allow projects that contain no more than two dwelling u nits be
processed without a discretionary review process, therefore allowing up to two units on
some properties without review other than a construction permit. Each of the units must
still meet setbacks and other development standards and be subject to si ze limits. SB 9
also allows for existing single family zoned lots to be split on a ministerial level (without a
hearing or project conditions) so long as the subdivision does not conflict with health and
safety standards, nor impact a historic property. T his new policy is termed an “Urban Lot
Split” and supersedes most City subdivision laws. Staff is still in the process of interpreting
this newest senate bill, however SB 9 is designed to work together with ADU laws, to not
allow one to use both SB9 and ADU laws to duplicate the number of units allowed on a
site. Additional analysis on SB 9 will be brought forward at a later date, and portions of
SB 9 will guide the development of our ADU code.
Minimum Lot Size
The new Government code Prohibits the City from limiting ADU’s based on minimum lot
size unless lot size is a factor in determining health and safety standards. The new code
also allows that areas designated by local agencies for ADUs may be based on the
adequacy of water and sewer services as well as impacts on traffic flow and public safety.
State Code
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of
accessory dwelling units in areas zoned to allow single-family or multifamily
dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted. The designation of areas may
be based on the adequacy of water and sewer services and the impact
of accessory dwelling units on traffic flow and public safety. A local
agency that does not provide water or sewer services shall consult with the
local water or sewer service provider regarding the adequacy of water and
sewer services before designating an area where accessory dwelling units
may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are
not limited to, parking, height, setback, landscape, architectural review,
maximum size of a unit, and standards that prevent adverse impacts on any
real property that is listed in the California Register of Historic Resources.
These standards shall not include requirements on minimum lot size.
Page 42 of 216
ITEM NUMBER: C-1
DATE: 09/28/21
City Code
AMC 9-5.050 General requirements.
(c) Septic Systems. Second units may be served by secondary engineered
septic systems on lots with a net area of one (1) acre or greater, subject to the
approval of the City Engineer and provision of required expansion areas.
Due to septic system concerns, Title 9, Chapter 5 requires a minimum of 1-acre net for
properties with on-site wastewater disposal. In reviewing the Local Area Management
Plan, nitrate loading and other factors, retaining this minimum lot size may be prudent;
however the City would have to adopt findings backed by local analysis in order to
maintain our minimum lot size for lots that do not have access to the City sewer system .
The revised State law prohibits a city’s ability to limit where ADUs may be built except
where limits are based on the adequacy of water and sewer service, the impacts on traffic
flow, and/or public safety concerns such as wildfire risk and emergency access. Any
limitation that the City adopts will need to include detailed findings of fact explaining why
ADU limitations are imposed.
A. Septic Suitability
The City’s Local Area Management Plan (LAMP) governs septic systems from a technical
aspect. The LAMP provides design parameters for a variety of site -specific
characteristics. Under the City’s LAMP, and based on guidance and standards from the
Regional Water Quality Control Board (RWQCB) based on regional nitrogen loading, the
minimum lot size identified as adequate to accommodate a unit served by an on -site
wastewater system for a primary residence and an ADU is one acre.
City staff has coordinated with an engineering consultant (Monsoon Consultants) to
determine what areas or parcels in the City may be most impacted by the expansion of
on-site wastewater systems due to overall density or overconcentration concerns. The
analysis focused on determining areas and parcel characteristics that would be
vulnerable to high nitrogen loading rates should systems be expanded or added to
accommodate additional units. The resulting analysis concluded that maintaining a one-
acre minimum lot size for parcels not served by sewer (but changing the lot size allowance
from net to gross) for accessory units would ensure that established thresholds for
overconcentration would not be exceeded. This lot size limit captures smaller parcels on
the west side in addition to known areas of concern related to septic concentration and
failure such as River Gardens, the neighborhood south of Pine Mountain, some areas
west of Atascadero High School and some of the neighborhoods near Rosario north east
of the downtown.
The one acre minimum assumes nitrogen concentrations based on a detached ADU.
Junior ADUs do not typically produce the same level of impact due to size limitations, the
State requirements that they be converted from existing square -footage, and owner
occupancy requirements. JADUs are envisioned to be similar to a master bedroom
expansion and therefore, the septic concerns are reduced to a level of i nsignificance.
Based on these factors, staff is recommending that JADUs be allowed regardless of lot
size, providing on-site septic systems can be designed to accommodate any additional
load per the requirements of the City’s LAMP.
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DATE: 09/28/21
If the Council desires, it is possible to design an exception process that would allow a
property owner to establish an ADU on a site that is less than one acre in size that is not
served by sewer. However, the exception process, (Conditional Use Permit) would need to
be accompanied by an engineering analysis that verifies that the existing or new septic
system can accommodate the ADU on the site, and that the new ADU would not impact
the nitrogen loading of the vicinity. There may be several locations in the City where there
are isolated small lots, not served by sewer where this process may be successful. If the
Council desires, such a process could be incorporated into the code. This process would
allow for other project conditions such as size limits, parking setbacks, and other criteria
beyond the scope of the State ADU guidance. It is important to note that without this
process one could still develop a JADU within their existing residence regardless of lot size.
B. Emergency Access / High Fire Zones
In addition to the amendment described above regarding wastewater, the City may adopt
regulations that prohibit ADUs where health and safety concerns exist, such as on
properties that have limited road access (only one way out) and that are within a Very
High or High Fire Severity Zones. Staff has identified several neighborhoods that do not
have sufficient road access and are within these areas. Staff recommends that ADU’s be
prohibited in these areas, however suggests that JADUs still be allowed within these
locations as the limitations on JADUs require that they be within the existing residential
dwelling and are limited to 500 square-feet. Similar to septic systems, a detailed analysis
and findings would need to be made to include the prohibition in the ordinance.
Owner Occupancy Requirements
The new code eliminates all owner-occupancy requirements by local agencies for ADUs
approved between January 1, 2020 and January 1, 2025 but maintains owner occupancy
provisions for JADUs.
State Code
65852.2 (a) (6)(B) Notwithstanding subparagraph (A), a local agency shall not
impose an owner-occupant requirement on an accessory dwelling unit permitted
between January 1, 2020, to January 1, 2025, during which time the local agency
was prohibited from imposing an owner-occupant requirement.
City Code
City code is silent on this topic.
No changes may be needed to address this topic, as our code does not require owner
occupancy on a site with an ADU. However, with the addition of JADU requirements, the
City may wish to consider imposing owner occupancy on sites with JADUs. This limits
single-family properties from having a potential of 3 rental units on each lot. Surrounding
jurisdictions, such as Paso Robles and San Luis Obispo require recordation of a deed
notification requiring owner occupancy for properties where a JADU is constructed.
Short Term Rental Prohibition
Requires that ADUs and JADUs approved through the ministerial process/exception
outlined in Government Code to be available for long-term rentals and not be permitted
as vacation rentals
Page 44 of 216
ITEM NUMBER: C-1
DATE: 09/28/21
State Code
65852.2(e)(5) A local agency shall require that a rental of the accessory dwelling
unit created pursuant to this subdivision be for a term longer than 30 days.
65852.2 (a)(6)(A) This subdivision establishes the maximum standards that local
agencies shall use to evaluate a proposed accessory dwelling unit on a lot that
includes a proposed or existing single-family dwelling. No additional standards,
other than those provided in this subdivision, shall be used or imposed except
that, subject to subparagraph (B), a local agency may require an applicant for a
permit issued pursuant to this subdivision to be an owner-occupant or that the
property be used for rentals of terms longer than 30 days.
City Code
City code does not include this provision and needs to be amended.
State law requires that cities maintain ADUs that are developed consistent with the
current government code be reserved for stays of greater than 30-days, thereby
prohibiting the use of new ADUs or JADUs as vacation rentals. Our City code does not
currently address this topic. This provision is supported by the State’s findings that ADUs
will provide additional opportunities for affordable housing.
The City’s Housing Element, consistent with State law and HCD direction, identifies ADUs
as an opportunity to meet the City’s moderate- and low-income RHNA goals. The Housing
Element identifies 225 units of our RHNA to be achieved through the construction of ADUs
and JADUs (50% allocated to the low-income category and 50% to the moderate-income
category). The City already projects a surplus of approximately 80 moderate income units
through 2028, but approximately 80-85 low-income units rely on ADU’s or JADU’s in order
to achieve the City’s total of 282 units for the low- and moderate-income categories
combined. As such, accessory dwelling units are projected to achieve some of the City’s
RNHA goals in the low-income category, necessitating compliance with the State’s
direction to prohibit short-term vacation rentals in ADUs and JADUs.
Options for ADU’s and Vacation Rentals
1. The City has a number of ADUs that currently have valid and active business
licenses for vacation rentals within accessory units. Existing ADU vacation rentals
are not subject to this legislation. The City may adopt new regulations that allow
ADU’s that were developed prior to January 1, 2020 to utilize their ADU as a
vacation rental. Under this scenario, property owners with pre-existing ADU’s could
convert a long-term rental to a vacation rental.
2. The City may choose to adopt more restrictive language that would prohibit turning
an existing unit into a short-term rental. Those that have been continuously
operated as a vacation rental prior to adoption of the new City code, and maintain
a valid business license and payment of Transient Occupancy Tax , could remain
as a short-term rental.
3. The City may wish to adopt a process that allows for a discretionary review process
for a new “ADU” to become a vacation rental. However, the new ADU would be
subject to conditions of approval that may be beyond the scope of the government
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code, therefore, the state may require that the City still allow yet another ADU on
the same site that complies with the government code and is reserved for long
term residency as an “affordable by design” unit.
4. The City may allow a primary residence on a property with an ADU to become a
short term vacation rental while retaining the ADU as a long term rental.
Size of ADUs & JADUs
Prohibits a local agency from establishing a maximum size of an ADU of less than 850
square feet, or 1,000 square feet if the ADU contains more than one bedroom.
State Code
65852.2 (a)(1)(D)(v) The total floor area for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
65852.2 (c)(2) a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached
accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached
accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one
bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size
based upon a percentage of the proposed or existing primary dwelling, or limits on
lot coverage, floor area ratio, open space, and minimum lot size, for either attached
or detached dwellings that does not permit at least an 800 square foot accessory
dwelling unit that is at least 16 feet in height with four-foot side and rear yard
setbacks to be constructed in compliance with all other local development
standards.
City Code
9-5.060 Development standards.
(a) Floor Area. The total floor area of a second unit shall not exceed one
thousand two hundred (1,200) square feet.
Our current code allows for a maximum ADU size of 1,200 square-feet regardless of lot
size or zoning district. This portion of our code does not conflict with State code. However,
the Council may wish to further examine the size limitations of an ADU based on zoning
district or lot size, especially within the multi-family zone. A 1,200 square foot residence
may be too large to accomplish the purpose of accommodating affordability by design
and is too large to combine with other units in a Multi-Family or Planned Development
district on a small site. In particular, a 1,200 square-foot unit may conflict with multi-family
affordability by design standards being explored with the City’s Objective Design
Standards project. The state also permits cities to limit the size of the accessory structure
to 50% of the primary dwelling, provided that the minimum sizes identified in the state
code (800 and 1,000 sf) are maintained.
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For example, our code could limit an ADU to 1,000 sf, unless through the review of an
Administrative Use Permit, the ADU is no larger than 50% of the floor area of the primary
residence and the site is 2 acres or larger, then the ADU may be up to 1,200 square feet.
Options for Size Limits
1. The City may adopt standards that allow all ADU’s to be constructed up to 1,200
square feet regardless of zoning district or size of principal residence or principal
apartment structure.
2. The City may adopt standards that limit ADU’s to 800 square feet unless the ADU
has more than one bedroom it may be up to 1,000 square feet.
3. The City may regulate the size of ADU’s when they exceed the limits in (2) above
based on zoning district, lot size, or primary dwelling size. For example, the city
could limit the size of ADU’s to 1,000 square feet, or up to 1,200 square feet when
on a site of two acres or larger and when the ADU is no larger than 50% of the size
of the primary structure.
If we do not have a size limit, one may pursue a 1,200 square foot ADU and a JADU on
a small site, or along with smaller apartment units where the unit would not be
complementary or compatible. Given the substantial increase in the potential locations
where ADU’s may be developed, staff recommends some limitation on the size of an ADU
based on the size of the site or on the size of the primary structure.
Parking Requirements
Clarifies that when ADUs are created through the conversion of a garage, carport or
covered parking structure, replacement off-street parking spaces cannot be required by
the local agency. Also states when parking cannot be required.
State Code
65852.2 (a)(1)(D)(x)(I) Parking requirements for accessory dwelling units shall not
exceed one parking space per accessory dwelling unit or per bedroom, whichever
is less. These spaces may be provided as tandem parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking, unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is
described in subdivision (d).
65852.2 (a)(1)(D)(x) (xi) When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an accessory dwelling unit or
converted to an accessory dwelling unit, the local agency shall not require that
those offstreet parking spaces be replaced.
65852.2 (d): Notwithstanding any other law, a local agency, whether or not it has
adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a), shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
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(1) The accessory dwelling unit is located within one-half mile walking
distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary
residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit.
City Code
9-5.060
(e) (1) One (1) covered parking spot for the first bedroom. An additional
uncovered or covered parking spot is required for any additional bedrooms;
(2) The off-street parking spaces for second units must be on a paved surface;
measure ten (10) feet in width if covered, nine (9) feet in width if uncovered, and
twenty (20) feet in depth; tandem spaces may be approved for second units;
(3) Parking spaces for second units may not occupy driveways and back-up
areas that serve garages for the primary dwelling, nor may they occupy circular
drives or hammerhead turnarounds that serve the primary unit (which are intended
to provide means by which vehicles can enter a street head -first);
(4) Parking spaces for second units may occupy areas for required rear and
interior side yards;
(5) Primary dwellings with three (3) car garages may allow one (1) bay and the
driveway space in front of the bay to be used for a second unit off -street parking;
(6) If the lot takes access from a collector or arterial street, as designated in the
circulation element of the general plan, parking for second units shall be designed
so that vehicles exit forward into the street.
The Atascadero Municipal Code currently requires parking for ADUs based on number of
bedrooms. The new government code does not allow the City to require more than one
parking space per ADU and parking requirements must be eliminated entirely if the ADU
is within a half a mile of a bus stop. In addition, if an existing garage or carport is converted
into an ADU or JADU, the City cannot require replacement parking for the primary
residence.
Staff recommends amending the code to clarify that if the ADU is built within a covered
parking area or garage that replacement parking need not be provided. Additionally, the
code will need to clarify number of parking spaces and the use of tandem parking spaces,
consistent with State law.
Application Review Period
Reduces the maximum ADU and JADU application review time from 120 days to 60 days.
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State Code
65852.2. (a)(3) A permit application for an accessory dwelling unit or a junior
accessory dwelling unit shall be considered and approved ministerially without
discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use permits. The
permitting agency shall act on the application to create an accessory dwelling unit or
a junior accessory dwelling unit within 60 days from the date the local agency receives
a completed application if there is an existing single-family or multifamily dwelling on
the lot. If the permit application to create an accessory dwelling unit or a junior
accessory dwelling unit is submitted with a permit application to create a new single-
family dwelling on the lot, the permitting agency may delay acting on the permit
application for the accessory dwelling unit or the junior accessory dwelling unit until
the permitting agency acts on the permit application to create the new single-family
dwelling, but the application to create the accessory dwelling unit or junior accessory
dwelling unit shall be considered without discretionary review or hearing.
City Code
City code is silent on permit timelines and may need to be amended to recognize
new govt. code timelines.
This part of the government code requires the City to deny or approve an ADU within 60 days
or the application shall be considered approved. The City’s typical plan check process takes
approximately 3-4 weeks for the first plan review. The plan check process is typically followed
up with corrections and comments and then returned for a second review which is completed
in 2 weeks or less. However, the time it takes for an applicant to re-submit their plans can
vary from 2 weeks to many months based upon the workload of the design team. Therefore,
it is common for an application for any construction permit for a new structure to extend
beyond 60 days. Our process will need to be amended to either deny an application that is
incomplete or needs corrections or we will need to have an applicant acknowledge that
additional review time is needed that may extend beyond the 60 day review time.
Junior ADUs
Permits JADUs even where a local agency has not adopted an ordinance expressly
authorizing them. Allows a permitted JADU to be constructed within the walls of the
proposed or existing single-family residence and eliminates the required inclusion of an
existing bedroom or an interior entry into the single-family residence.
State Code
65852.22(a) Notwithstanding Section 65852.2,a local agency may, by
ordinance, provide for the creation of junior accessory dwelling units in single -
family residential zones. The ordinance may require a permit to be obtained for
the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential
lot zoned for single-family residences with a single-family residence built, or
proposed to be built, on the lot.
(2) Require owner-occupancy in the single-family residence in which the
junior accessory dwelling unit will be permitted. The owner may reside in
either the remaining portion of the structure or the newly created junior
accessory dwelling unit. Owner-occupancy shall not be required if the owner
is another governmental agency, land trust, or housing organization
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65852.22. (h)(1) “Junior accessory dwelling unit” means a unit that is no more
than 500 square feet in size and contained entirely within a single-family
residence. A junior accessory dwelling unit may include separate sanitation
facilities, or may share sanitation facilities with the existing structure
City Code
City code does not distinguish between JADU’s or ADU’s.
Staff recommends that JADUs be limited to 500 square feet, be located on an owner
occupied property, and be within the footprint of the primary residence or within an
attached garage. The code should further refine the definition to describe an attached
garage as one that is attached to the primary residence along at least one complete wall.
Building Setbacks for ADUs
The City may require property line setbacks, however, the City cannot require a setback
of more than four feet from the side and rear lot lines if the unit is less than 16-feet in
height. The City may, however require the standard street yard setback for an ADU which
in most cases is 25-feet or 10 feet for a side yard that abuts a street. Typical City setbacks
for residential development are 5 feet on the side, 10 feet at the rear, and 25 feet in the
front (street yard). Properties that have a side yard along a street, typically require a 10
foot street yard. New ADUs will be exempt from the existing 10-foot rear yard requirement
and may be built as close as four feet as long as they comply with the fire code for
separation from an adjacent building and are a maximum of 16 -feet in height. Both side
and front street yards need to be maintained.
State Code
65852.2(e)(1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency
shall ministerially approve an application for a building permit within a residential
or mixed-use zone to create any of the following:
(B) One detached, new construction, accessory dwelling unit that does
not exceed four-foot side and rear yard setbacks for a lot with a
proposed or existing single-family dwelling. The accessory dwelling unit
may be combined with a junior accessory dwelling unit described in
subparagraph (A).
City Code
9-5.060 Development Standards
Second units shall be subject to all development standards of the RS, RSF-Z, LSF-
Z, RSF-Y, LSF-Y, RSF-X, or LSF-X zoning districts and/or planned development
overlay districts in which the property is located, except as modified in this section.
(c) Setbacks. A second unit shall maintain the setbacks required in the underlying
zoning district for a primary dwelling. Detached second units shall not be considered
as detached accessory buildings for the purpose of determining setbacks.
The City code will need to be amended to accommodate the new setback standards for
side and rear yards.
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Staff recommends the code be amended to allow for 4-foot side and rear setbacks for
ADUs that are less than 16 feet in height. The 25 foot str eet yard setbacks and 10 foot
side yard street setbacks will still apply for ADUs.
CC&R Provisions Prohibiting ADUs are VOID on Single Family Sites
AB 670 provides that covenants, conditions and restrictions (CC&Rs) that either
effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on
a lot zoned for single-family residential use are void and unenforceable
State Code
AB 670
4751. (a) Any covenant, restriction, or condition contained in any deed,
contract, security instrument, or other instrument affecting the transfer or sale
of any interest in a planned development, and any provision of a governing
document, that either effectively prohibits or unreasonably restricts the
construction or use of an accessory dwelling unit or junior accessory dwelling
unit on a lot zoned for single-family residential use that meets the
requirements of Section 65852.2 or 65852.22 of the Government Code, is void
and unenforceable.
Assembly Bill 670 is separate from the Government code that regulates ADU’s and
specifically overrides private CC&R’s to allow for ADU development on Single Family
Sites.
City Code
City code is silent on CC&R’s. It should be noted that this assembly bill only applies to
Single Family Districts, therefore if CC&R’s prohibit an ADU within a multi-family site, this
Assembly Bill does not apply. City code will need to be amended to note state As sembly
Bill regarding CC&R’s on single family sites.
Impact Fees
Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs up
to 750 square feet are exempt from impact fees. ADUs that are 750 square feet or larger
may be charged impact fees but only such fees that are proportional in size (by square foot)
to those for the primary dwelling unit.
State Code
65852.2(f)(2) An accessory dwelling unit shall not be considered by a local
agency, special district, or water corporation to be a new residential use for
purposes of calculating connection fees or capacity charges for utilities, including
water and sewer service, unless the accessory dwelling unit was constructed
with a new single-family dwelling.
65852.2(f)(3)(A) A local agency, special district, or water corporation shall not
impose any impact fee upon the development of an accessory dwelling unit less
than 750 square feet. Any impact fees charged for an accessory dwelling unit of
750 square feet or more shall be charged proportionately in relation to the square
footage of the primary dwelling unit.
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City Code
The City has already adopted a modified impact fee to accommodate this mandate. ADUs
less than 750 are now exempt from development impact fees. Larger ADU’s are charged
impact fees on a proportional scale.
Satisfying RHNA
Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy
the City’s Regional Housing Needs Allocation (RHNA).
The City’s recently adopted 2021 Housing Element recognizes ADU’s and JADU’s as
moderate and low-income housing. Up to 225 accessory units were projected within the next
RHNA cycle. Based on a county-wide study completed in 2019, the City can count 50% of
ADUs as low-income units and 50% of units as moderate-income units to satisfy the City’s
RHNA. Of the 225 total projected accessory units, 112 can count as low-income units and
113 as moderate-income. The City’s low-income RHNA for the cycle is 131 and 151 units for
the moderate-income category. As noted above, any moderate income ADU units will simply
be a surplus to the City’s already completed moderate affordable housing supply.
The government code does not address this topic, however it has been separately
addressed by HCD in the review of the City’s Housing Element.
No changes to the City code are necessary to address this topic.
Delayed Enforcement on Substandard ADUs
Requires, upon application and approval, a local agency to delay enforcement against a
qualifying substandard ADU for five (5) years to allow the owner to correct the violation,
so long as the violation is not a health and safety issue, as determined by the enfo rcement
agency.
State Code
65852.2 (n) In enforcing building standards pursuant to Article 1 (commencing
with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and
Safety Code for an accessory dwelling unit described in paragraph (1) or (2)
below, a local agency, upon request of an owner of an accessory dwelling unit for
a delay in enforcement, shall delay enforcement of a building standard, subject to
compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a
local jurisdiction that, at the time the accessory dwelling unit was built, had
a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
No action is proposed to address this topic as the government code provides adequate
guidance. The City has the authority to prohibit occupancy of any substandard structure
that has unfit living conditions due to health and safety issues that violate the building or
fire codes.
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ADUs within Multi-Family Properties and Planned Developments
State policy requires the City to allow for ADUs within multi-family buildings at the rate of
one per primary dwelling unit, not to exceed 25% of the overall number of dwelling units
within a multi-family residential structure. In addition, a minimum of one detached ADU
must be permitted on a multi-family parcel and a city may allow up to two. The state does
not offer additional guidance on ADU development within existing apartment projects. As
most Planned Developments within the City are within Multi-Family zoning districts, PDs
will need to allow for ADU’s.
State Code
65852.2(C)(ii) A local agency shall allow at least one accessory dwelling unit within
an existing multifamily dwelling and shall allow up to 25 percent of the existing
multifamily dwelling units.
City Code
9-5.030 Applicability.
(a) Permitted Zoning Districts. Second units shall be allowed in the RS, RSF -Z,
LSF-Z, RSF-Y, LSF-Y, RSF-X and LSF-X zoning districts.
(b) Planned Developments. Second units shall be allowed in single-family
planned development overlay districts only when consistent with an approved
Master Plan of Development.
Staff recommends the code be amended to comply with state law to allow ADU s to be
built within a multi-family structure at a rate of one ADU per primary dwelling unit, not to
exceed 25% of the primary dwelling units per multi-family project or planned development.
However, staff suggests prohibiting ADUs on sites that already would allow additional
dwelling units to be built within the allowable maximum residential density of the site.
Therefore, in order to allow an ADU on a site with an apartment, planned development ,
or other multi-family development such as a condominium, the development must first be
developed in accordance with the maximum density of the zoning district. In some cases,
the addition of an ADU may require a modification of the Master Plan of Development.
Next Steps
Staff is requesting input on the topics noted above related to the ADU ordinance. With
direction, staff will draft updates to Title 9, Chapter 5 for Planning Commission
recommendation and, ultimately, City Council action. The ordinance will then be
submitted to the State for review and comment. If the State determines that aspects of
the adopted code do not meet the intent of State law, the city will be required to make
amendments or risk losing certification of the recently adopted Housing Element.
Areas of Discussion
1. Minimum Lot Size
a. Septic Suitability
b. Fire Concerns
2. Owner Occupancy Requirements
3. Short-Term Rentals
4. Size of ADUs & JADUs
5. Parking Requirements
6. Application Review Period
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7. Junior ADUs
8. Building Setbacks for ADUs
9. CC&R Provisions Prohibiting ADUS are Void on Single Family Sites (simple
change to code)
10. Impact Fee (no change required or recommended)
11. Satisfying RHNA (no change required or recommended)
12. Delayed Enforcement on Substandard ADUs (no action required)
13. ADUs within Multi-Family Properties and Planned Devvelopments
Conclusion
The new government code has incorporated substantial changes that will need to be
accommodated in our Municipal Code, our City permit processes. The State will need to
review and approve any changes we adopt related to ADU’s and JADU’s. It is to the City’s
advantage to amend our code so that we may adopt specific standards to speak to our
local jurisdiction, especially recognizing fire and wastewater conditions. A code
amendment will implement an identified Housing Element program, providing additional
ADU development that will help achieve our RHNA.
Following this overview of the ADU codes, staff will finalize amendment s to the Municipal
Code for review by the Planning Commission and action by the City Council. As part of
the approval process, the City will need to forward our draft ADU to HCD for their review
and certification.
ALTERNATIVES:
1. Not pursue an update to the ADU codes and allow the government code to guide ADU
and JADU permitting.
2. The City Council may determine that more information is nee ded on the proposed
revisions and may direct staff to return with additional information. The Council should
clearly state the type of information that is required.
FISCAL IMPACT:
The upcoming text updates/ clarifications will be done by City staff with a combination of
general fund and grant funding. The addition of ADU’s and JADU’s in accordance with
State law - without fees or other mechanisms in place to insure that services and
infrastructure are in place to serve the residents of the new units - will have an estimated
significant long-term negative fiscal impact on the City, its infrastructure and its capacity
to serve its citizens.
ATTACHMENTS:
1. Title 9 Chapter 5, Residential Second Units
2. Government Code Section 65852.2 & 65852.22: State ADU law
3. State published ADU Handbook
4. Other facts about ADU’s
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1
Chapter 5 RESIDENTIAL SECOND UNITS
9-5.010 Purpose.
(a) This chapter is intended to implement Government Code Section 65852.2, which mandates that
the City permit second units in residential zoning districts and which provides that the City may impose
certain regulations on the development of second units.
(b) The City recognizes opportunities to implement certain policies and programs of the
Atascadero General Plan housing element providing for, and regulating, second units.
(c) Implementation of this chapter is meant to expand housing opportunities for very-low, low and
moderate-income and/or elderly households by increasing the number of rental units available within
existing neighborhoods. Second units are intended to provide livable housing at lower cost while
providing greater security, companionship and family support for the occupants.
(d) As mandated in Section 65852.2 of the Government Code, second units that comply with this
chapter are considered not to exceed the density limits prescribed within this title for residential zoning
districts. (Ord. 454 § 3, 2004)
9-5.020 Definitions.
As used in this chapter:
(a) Primary Unit. A primary unit is a single-family dwelling unit on a single-family residential zoned
legal lot of record. All other uses and structures on said lot shall be accessory to the primary unit.
(b) Second Unit. Second residential units are defined as residential occupancy constructions (R) with
a kitchen and full bathroom that is accessory to the primary unit and intended for permanent occupancy by a
second household.
(c) Guesthouse. Guesthouses are defined as residential occupancy construction (R) with a full
bathroom, no kitchen or cooking facilities regardless of number or configuration of rooms and are the same
as second units for the purposes of defining use and calculating fees.
(d) Granny Unit. Granny units are defined as residential occupancy construction (R) with a kitchen
and a full bathroom and are the same as second units for the purposes of defining use and calculating fees.
(e) Detached Accessory Structure. A detached accessory structure is a structure located on a
residential lot occupied by a primary unit, exclusive of second units.
(f) Office/Art Studios. Studios are defined as any type of residential occupancy construction (R) with
no kitchens, no overnight stays, cooking facilities and/or no bathing facilities (one (1) water closet is
permitted). Studios shall be limited to four hundred fifty (450) square feet. Studios greater than four hundred
fifty (450) square feet shall be considered second units. Deed restrictions shall be required for any proposed
studio with a water closet limiting the use of the studio.
(g) Workshops and Garages. Workshops and garages are defined as utility occupancy constructions
(U) with no kitchens, no cooking facilities and/or no residential occupancy requirements (i.e., Title 24). A
utility bathroom with shower or any other plumbing may be installed with a deed restriction that limits the
building’s use to nonresidential purposes. State-approved wood burning appliances are permissible.
Attached structures may be permitted consistent with 9-5.060 and 9-6.106.
(h) Residential Additions. Residential additions (additions) are defined as an increase of habitable
floor area to a primary residential unit. Additions shall have a continuous, logical internal connection of
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ATTACHMENT:
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1
conditioned space that provides for access to all portions of the primary unit and addition. Doors may not be
used to create two (2) separate living spaces.
The addition shall not have a secondary kitchen; however, a wet bar is permissible as defined by
Section 9-5.020(j). Additions must have a minimum ten (10) feet of shared common wall. A breezeway or
similar roof connection of unenclosed or unconditioned space, regardless of length, shall not be considered a
residential addition.
(i) Recreational Vehicle. Recreational vehicles are defined as any vehicle, coach, camper, travel
trailer, boat, or similar movable residential facility that does not have a permanent foundation. Recreational
vehicles are not permitted to be used as any type of second unit or residential accessory use.
(j) Wet Bar. A wet bar is defined as a small counter equipped with a sink for running water
consistent with the following:
(1) A wet bar does not include a stove, built-in microwave, dishwasher, or garbage disposal.
(2) A gas line shall not be installed in proximity to a wet bar.
(3) A wet bar sink shall have a single trap drain size limited to one and one-half (1½) inches
maximum.
(4) A wet bar shall include a counter with a maximum eight (8) foot length and not to exceed twenty-
four (24) square feet of total counter space.
(k) Any deviations from the above standards may be approved by the Planning Commission through
the issuance of a Conditional Use Permit. (Ord. 552 § 2, 2010; Ord. 454 § 3, 2004)
9-5.030 Applicability.
(a) Permitted Zoning Districts. Second units shall be allowed in the RS, RSF-Z, LSF-Z, RSF-Y,
LSF-Y, RSF-X and LSF-X zoning districts.
(b) Planned Developments. Second units shall be allowed in single-family planned development
overlay districts only when consistent with an approved Master Plan of Development. (Ord. 454 § 3,
2004)
9-5.040 Permit required.
A building permit application shall be required for the construction or conversion of any second unit.
(Ord. 552 § 2, 2010; Ord. 454 § 3, 2004)
9-5.050 General requirements.
(a) Water Service. Second units shall be served by a public water system.
(b) Sewer Service. Second units shall be served by the City sanitary sewer system when located on
lots with a net area less than one (1) acre.
(c) Septic Systems. Second units may be served by secondary engineered septic systems on lots
with a net area of one (1) acre or greater, subject to the approval of the City Engineer and provision of
required expansion areas.
(d) Utility Meters. Separate utility meters may be installed for second units.
(e) Garage Conversions. Garages may be converted to second units provided that:
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(1) Replacement of covered off-street parking is provided for the primary dwelling;
(2) Off-street parking for the second unit is provided in accordance with this chapter; and
(3) Converted garages meet all building code requirements for a dwelling unit.
(f) Guest House. A second unit may not be developed on a lot containing a guest house (separate
living quarters without kitchen facilities). However, a guest house may be converted to a second unit,
provided that it complies with the regulations set forth in this chapter and with the regulations for the
underlying zoning district.
(g) Recreational Vehicles. Recreational vehicles shall not be used as second units.
(h) Nonconforming Use. Only one second unit shall be permitted on a lot. If a lot contains two
single-family dwelling units that were legally established as a nonconforming use, a third dwelling unit,
to be considered a second unit, shall not be permitted.
(i) Illegal Second Unit. The establishment or continuance of a second unit contrary to the
provisions of this chapter is declared to be unlawful and shall constitute a misdemeanor and a public
nuisance. (Ord. 454 § 3, 2004)
9-5.060 Development standards.
Second units shall be subject to all development standards of the RS, RSF-Z, LSF-Z, RSF-Y, LSF-
Y, RSF-X, or LSF-X zoning districts and/or planned development overlay districts in which the property
is located, except as modified in this section.
(a) Floor Area. The total floor area of a second unit shall not exceed one thousand two hundred
(1,200) square feet. All development on a lot, including second units, must conform to the development
standards of the underlying zoning district, including, but not limited to, setbacks, building separations,
maximum lot coverage, grading limitations, and native tree preservation.
(b) Height. Second units shall conform to the height limits of the underlying zoning district.
(c) Setbacks. A second unit shall maintain the setbacks required in the underlying zoning district
for a primary dwelling. Detached second units shall not be considered as detached accessory buildings for
the purpose of determining setbacks.
(d) Building Separations. A minimum separation of ten (10) feet shall be maintained between the
primary dwelling and a detached second unit.
(e) Off-street Parking. Off-street parking for the second unit shall be provided as follows and in
addition to any required parking for the primary unit:
(1) One (1) covered parking spot for the first bedroom. An additional uncovered or covered
parking spot is required for any additional bedrooms;
(2) The off-street parking spaces for second units must be on a paved surface; measure ten (10) feet
in width if covered, nine (9) feet in width if uncovered, and twenty (20) feet in depth; tandem spaces may
be approved for second units;
(3) Parking spaces for second units may not occupy driveways and back-up areas that serve
garages for the primary dwelling, nor may they occupy circular drives or hammerhead turnarounds that
serve the primary unit (which are intended to provide means by which vehicles can enter a street head-
first);
(4) Parking spaces for second units may occupy areas for required rear and interior side yards;
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(5) Primary dwellings with three (3) car garages may allow one (1) bay and the driveway space in
front of the bay to be used for a second unit off-street parking;
(6) If the lot takes access from a collector or arterial street, as designated in the circulation element
of the general plan, parking for second units shall be designed so that vehicles exit forward into the street.
(f) Unconditioned Spaces. Structures such as garages and workshops attached to second units shall
be accessory to the second residential unit and shall be limited to an additional five hundred (500) square
feet. Any additional unconditioned space in excess of five hundred (500) square feet, or any garage area
not provided with direct interior access to the second unit, shall no longer be considered accessory to the
second residential unit.
(g) The total maximum amount of paving for parking for both the primary and second unit in a
front setback is fifty percent (50%) of the front yard setback area.
(h) Architectural Design. The design of the second unit shall be compatible with the design and
scale of the primary dwelling (using substantially the same landscaping, color, materials and design on
the exterior).
(i) Private Open Space Requirement. A second unit shall have a minimum private open space area
of two hundred fifty (250) square feet. This required open space shall not be located within a required
front yard setback. No portion of an open space area shall have a dimension of less than ten (10) feet in
width.
(j) Attached Second Units. If the second unit is attached to the primary dwelling, each shall be
served by separate outside entrances. The interior wall(s) of an attached unit which separate it from the
main unit shall be fire-rated according to the most recent Building Code. (Ord. 552 § 2, 2010; Ord. 454
§ 3, 2004)
9-5.070 Development fees.
Second units, whether attached or detached, shall be considered as single-family units for purposes
of determining capital facility impact fees.
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GOVERNMENT CODE - GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]
( Heading of Title 7 amended by Stats. 1974, Ch. 1536. )
DIVISION 1. PLANNING AND ZONING [65000 - 66301]
( Heading of Division 1 added by Stats. 1974, Ch. 1536. )
CHAPTER 4. Zoning Regulations [65800 - 65912]
( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. )
ARTICLE 2. Adoption of Regulations [65850 - 65863.13]
( Article 2 added by Stats. 1965, Ch. 1880. )
65852.2.
(a)
(1) A local agency may, by ordinance, provide for the creation of accessory dwelling
units in areas zoned to allow single-family or multifamily dwelling residential use. The
ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory
dwelling units may be permitted. The designation of areas may be based on the
adequacy of water and sewer services and the impact of accessory dwelling
units on traffic flow and public safety. A local agency that does not provide water
or sewer services shall consult with the local water or sewer service provider
regarding the adequacy of water and sewer services before designating an area
where accessory dwelling units may be permitted.
(B)
(i) Impose standards on accessory dwelling units that include, but are not
limited to, parking, height, setback, landscape, architectural review,
maximum size of a unit, and standards that prevent adverse impacts on
any real property that is listed in the California Register of Historic
Resources. These standards shall not include requirements on minimum
lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate
parking requirements for any accessory dwelling unit located within its
jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for
the lot upon which the accessory dwelling unit is located, and that accessory
dwelling units are a residential use that is consistent with the existing general
plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary
residence, but may not be sold or otherwise conveyed separate from the
primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling
residential use and includes a proposed or existing dwelling.
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(iii) The accessory dwelling unit is either attached to, or located within, the
proposed or existing primary dwelling, including attached garages,
storage areas or similar uses, or an accessory structure or detached from
the proposed or existing primary dwelling and located on the same lot as
the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an
attached accessory dwelling unit shall not exceed 50 percent of the
existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not
exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory
structure or a structure constructed in the same location and to the same
dimensions as an existing structure that is converted to an accessory
dwelling unit or to a portion of an accessory dwelling unit, and a setback
of no more than four feet from the side and rear lot lines shall be required
for an accessory dwelling unit that is not converted from an existing
structure or a new structure constructed in the same location and to the
same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings,
as appropriate.
(ix) Approval by the local health officer where a private sewage disposal
system is being used, if required.
(x)
(I) Parking requirements for accessory dwelling units shall not
exceed one parking space per accessory dwelling unit or per
bedroom, whichever is less. These spaces may be provided as
tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in
locations determined by the local agency or through tandem
parking, unless specific findings are made that parking in setback
areas or tandem parking is not feasible based upon specific site or
regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that
is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit or
converted to an accessory dwelling unit, the local agency shall not require
that those offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance,
policy, or program to limit residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit
shall be considered and approved ministerially without discretionary review or a hearing,
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notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance
of variances or special use permits. The permitting agency shall act on the application to
create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from
the date the local agency receives a completed application if there is an existing single-
family or multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit application to
create a new single-family dwelling on the lot, the permitting agency may delay acting on
the permit application for the accessory dwelling unit or the junior accessory dwelling
unit until the permitting agency acts on the permit application to create the new single-
family dwelling, but the application to create the accessory dwelling unit or junior
accessory dwelling unit shall be considered without discretionary review or hearing. If
the applicant requests a delay, the 60-day time period shall be tolled for the period of the
delay. If the local agency has not acted upon the completed application within 60 days,
the application shall be deemed approved. A local agency may charge a fee to
reimburse it for costs incurred to implement this paragraph, including the costs of
adopting or amending any ordinance that provides for the creation of an accessory
dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local
agency or an accessory dwelling ordinance adopted by a local agency shall provide an
approval process that includes only ministerial provisions for the approval of accessory
dwelling units and shall not include any discretionary processes, provisions, or
requirements for those units, except as otherwise provided in this subdivision. If a local
agency has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision, that ordinance shall be null and void and that agency
shall thereafter apply the standards established in this subdivision for the approval of
accessory dwelling units, unless and until the agency adopts an ordinance that complies
with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or
denial of a building permit or a use permit under this subdivision.
(6)
(A) This subdivision establishes the maximum standards that local agencies shall
use to evaluate a proposed accessory dwelling unit on a lot that includes a
proposed or existing single-family dwelling. No additional standards, other than
those provided in this subdivision, shall be used or imposed except that, subject
to subparagraph (B), a local agency may require an applicant for a permit issued
pursuant to this subdivision to be an owner-occupant or that the property be used
for rentals of terms longer than 30 days.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-
occupant requirement on an accessory dwelling unit permitted between January
1, 2020, to January 1, 2025, during which time the local agency was prohibited
from imposing an owner-occupant requirement.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the
policies, procedures, or other provisions applicable to the creation of an accessory
dwelling unit if these provisions are consistent with the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be
an accessory use or an accessory building and shall not be considered to exceed the
allowable density for the lot upon which it is located, and shall be deemed to be a
residential use that is consistent with the existing general plan and zoning designations
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for the lot. The accessory dwelling unit shall not be considered in the application of any
local ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units
in accordance with subdivision (a) receives an application for a permit to create an accessory
dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the
application ministerially without discretionary review pursuant to subdivision (a). The permitting
agency shall act on the application to create an accessory dwelling unit or a junior accessory
dwelling unit within 60 days from the date the local agency receives a completed application if
there is an existing single-family or multifamily dwelling on the lot. If the permit application to
create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit
application to create a new single-family dwelling on the lot, the permitting agency may delay
acting on the permit application for the accessory dwelling unit or the junior accessory dwelling
unit until the permitting agency acts on the permit application to create the new single-family
dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling
unit shall still be considered ministerially without discretionary review or a hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If
the local agency has not acted upon the completed application within 60 days, the application
shall be deemed approved.
(c)
(1) Subject to paragraph (2), a local agency may establish minimum and maximum unit
size requirements for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of
the following:
(A) A minimum square footage requirement for either an attached or detached
accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached
accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more
than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size
based upon a percentage of the proposed or existing primary dwelling, or limits
on lot coverage, floor area ratio, open space, and minimum lot size, for either
attached or detached dwellings that does not permit at least an 800 square foot
accessory dwelling unit that is at least 16 feet in height with four-foot side and
rear yard setbacks to be constructed in compliance with all other local
development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance
governing accessory dwelling units in accordance with subdivision (a), shall not impose parking
standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public
transit.
(2) The accessory dwelling unit is located within an architecturally and historically
significant historic district.
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(3) The accessory dwelling unit is part of the proposed or existing primary residence or
an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the
accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling
unit.
(e)
(1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially
approve an application for a building permit within a residential or mixed-use zone to
create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot
with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within
the proposed space of a single-family dwelling or existing space of a
single-family dwelling or accessory structure and may include an
expansion of not more than 150 square feet beyond the same physical
dimensions as the existing accessory structure. An expansion beyond the
physical dimensions of the existing accessory structure shall be limited to
accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-
family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of
Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not
exceed four-foot side and rear yard setbacks for a lot with a proposed or existing
single-family dwelling. The accessory dwelling unit may be combined with a
junior accessory dwelling unit described in subparagraph (A). A local agency may
impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C)
(i) Multiple accessory dwelling units within the portions of existing
multifamily dwelling structures that are not used as livable space,
including, but not limited to, storage rooms, boiler rooms, passageways,
attics, basements, or garages, if each unit complies with state building
standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within
an existing multifamily dwelling and shall allow up to 25 percent of the
existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has
an existing multifamily dwelling, but are detached from that multifamily dwelling
and are subject to a height limit of 16 feet and four-foot rear yard and side
setbacks.
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(2) A local agency shall not require, as a condition for ministerial approval of a permit
application for the creation of an accessory dwelling unit or a junior accessory dwelling
unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if
sprinklers are not required for the primary residence.
(4) A local agency may require owner occupancy for either the primary dwelling or the
accessory dwelling unit on a single-family lot, subject to the requirements of paragraph
(6) of subdivision (a).
(5) A local agency shall require that a rental of the accessory dwelling unit created
pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an
accessory dwelling unit connected to an onsite wastewater treatment system, a
percolation test completed within the last five years, or, if the percolation test has been
recertified, within the last 10 years.
(7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted
an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in
multifamily dwelling structures shall ministerially consider a permit application to
construct an accessory dwelling unit that is described in paragraph (1), and may impose
standards including, but not limited to, design, development, and historic standards on
said accessory dwelling units. These standards shall not include requirements on
minimum lot size.
(f)
(1) Fees charged for the construction of accessory dwelling units shall be determined in
accordance with Chapter 5 (commencing with Section 66000) and Chapter 7
(commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district,
or water corporation to be a new residential use for purposes of calculating connection
fees or capacity charges for utilities, including water and sewer service, unless the
accessory dwelling unit was constructed with a new single-family dwelling.
(3)
(A) A local agency, special district, or water corporation shall not impose any
impact fee upon the development of an accessory dwelling unit less than 750
square feet. Any impact fees charged for an accessory dwelling unit of 750
square feet or more shall be charged proportionately in relation to the square
footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the
term “fee” is defined in subdivision (b) of Section 66000, except that it also
includes fees specified in Section 66477. “Impact fee” does not include any
connection fee or capacity charge charged by a local agency, special district, or
water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of
subdivision (e), a local agency, special district, or water corporation shall not require the
applicant to install a new or separate utility connection directly between the accessory
dwelling unit and the utility or impose a related connection fee or capacity charge, unless
the accessory dwelling unit was constructed with a new single-family dwelling.
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(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph
(1) of subdivision (e), a local agency, special district, or water corporation may require a
new or separate utility connection directly between the accessory dwelling unit and the
utility. Consistent with Section 66013, the connection may be subject to a connection fee
or capacity charge that shall be proportionate to the burden of the proposed accessory
dwelling unit, based upon either its square feet or the number of its drainage fixture unit
(DFU) values, as defined in the Uniform Plumbing Code adopted and published by the
International Association of Plumbing and Mechanical Officials, upon the water or sewer
system. This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt less restrictive
requirements for the creation of an accessory dwelling unit.
(h)
(1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision
(a) to the Department of Housing and Community Development within 60 days after
adoption. After adoption of an ordinance, the department may submit written findings to
the local agency as to whether the ordinance complies with this section.
(2)
(A) If the department finds that the local agency’s ordinance does not comply
with this section, the department shall notify the local agency and shall provide
the local agency with a reasonable time, no longer than 30 days, to respond to
the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department
pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include
findings in its resolution adopting the ordinance that explain the reasons
the local agency believes that the ordinance complies with this section
despite the findings of the department.
(3)
(A) If the local agency does not amend its ordinance in response to the
department’s findings or does not adopt a resolution with findings explaining the
reason the ordinance complies with this section and addressing the department’s
findings, the department shall notify the local agency and may notify the Attorney
General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of
state law, the department may consider whether a local agency adopted an
ordinance in compliance with this section between January 1, 2017, and January
1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform
standards or criteria that supplement or clarify the terms, references, and standards set forth in
this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit
that provides complete independent living facilities for one or more persons and is
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located on a lot with a proposed or existing primary residence. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the
single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also
includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety
Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling
located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health
and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or
chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property that
does not conform with current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and
that meets the requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the public.
(10) “Tandem parking” means that two or more automobiles are parked on a driveway or
in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit
before the local agency issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect
or application of the California Coastal Act of 1976 (Division 20 (commencing with Section
30000) of the Public Resources Code), except that the local government shall not be required to
hold public hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate
sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by
the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of
Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling
unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an
accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building
standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local
jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant
accessory dwelling unit ordinance, but the ordinance is compliant at the time the request
is made.
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(o) This section shall become operative on January 1, 2025.
(Amended (as added by Stats. 2019, Ch. 659, Sec. 2.5) by Stats. 2020, Ch. 198, Sec. 4.5.
(AB 3182) Effective January 1, 2021. Section operative January 1, 2025, by its own
provisions.)
65852.22
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation
of junior accessory dwelling units in single-family residential zones. The ordinance may require
a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the
following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for
single-family residences with a single-family residence built, or proposed to be built, on
the lot.
(2) Require owner-occupancy in the single-family residence in which the junior
accessory dwelling unit will be permitted. The owner may reside in either the remaining
portion of the structure or the newly created junior accessory dwelling unit. Owner-
occupancy shall not be required if the owner is another governmental agency, land trust,
or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be
filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from
the sale of the single-family residence, including a statement that the deed
restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit
that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls
of the proposed or existing single-family residence.
(5) Require a permitted junior accessory dwelling to include a separate entrance from
the main entrance to the proposed or existing single-family residence.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen,
which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size
in relation to the size of the junior accessory dwelling unit.
(b)
(1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection,
including the imposition of a fee for that inspection, to determine if the junior accessory
dwelling unit complies with applicable building standards.
(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or
65906 or any local ordinance regulating the issuance of variances or special use permits, be
considered ministerially, without discretionary review or a hearing. The permitting agency shall
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act on the application to create a junior accessory dwelling unit within 60 days from the date the
local agency receives a completed application if there is an existing single-family dwelling on the
lot. If the permit application to create a junior accessory dwelling unit is submitted with a permit
application to create a new single-family dwelling on the lot, the permitting agency may delay
acting on the permit application for the junior accessory dwelling unit until the permitting agency
acts on the permit application to create the new single-family dwelling, but the application to
create the junior accessory dwelling unit shall still be considered ministerially without
discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall
be tolled for the period of the delay. A local agency may charge a fee to reimburse the local
agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(d) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling
unit shall not be considered a separate or new dwelling unit. This section shall not be construed
to prohibit a city, county, city and county, or other local public entity from adopting an ordinance
or regulation relating to fire and life protection requirements within a single-family residence that
contains a junior accessory dwelling unit so long as the ordinance or regulation applies
uniformly to all single-family residences within the zone regardless of whether the single-family
residence includes a junior accessory dwelling unit or not.
(e) For purposes of providing service for water, sewer, or power, including a connection fee, a
junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or
regulation, related to parking or a service or a connection fee for water, sewer, or power, that
applies to a single-family residence that contains a junior accessory dwelling unit, so long as
that ordinance or regulation applies uniformly to all single-family residences regardless of
whether the single-family residence includes a junior accessory dwelling unit.
(g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency
shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the
requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section
65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in
size and contained entirely within a single-family residence. A junior accessory dwelling
unit may include separate sanitation facilities, or may share sanitation facilities with the
existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or
chartered.
(Amended by Stats. 2019, Ch. 655, Sec. 2. (AB 68) Effective January 1, 2020.)
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Table of Contents
Understanding Accessory Dwelling Units (ADUs) and Their Importance ........................................ 3
Summary of Recent Changes to Accessory Dwelling Unit Laws ..................................................... 5
Frequently Asked Questions: .............................................................................................................. 8
1. Legislative Intent .......................................................................................................................... 8
2. Zoning, Development and Other Standards .................................................................................. 9
A) Zoning and Development Standards ...................................................................................... 9
B) Size Requirements ............................................................................................................... 11
C) Parking Requirements ......................................................................................................... 12
D) Setbacks .............................................................................................................................. 13
E) Height Requirements ........................................................................................................... 13
F) Bedrooms ............................................................................................................................. 13
G) Impact Fees ......................................................................................................................... 14
H) Conversion of Existing Space in Single Family, Accessory and Multifamily Structures and
Other Statewide Permissible ADUs (Subdivision (e)) ................................................................ 15
I) Nonconforming Zoning Standards ......................................................................................... 16
J) Renter and Owner-occupancy .............................................................................................. 17
K) Fire Sprinkler Requirements ................................................................................................. 17
L) Solar Panel Requirements .................................................................................................... 17
3. Junior Accessory Dwelling Units (JADUs) – Government Code Section 65852.22 ..................... 18
4. Manufactured Homes and ADUs ................................................................................................ 18
5. ADUs and the Housing Element ................................................................................................. 19
6. Homeowners Association ........................................................................................................... 20
7. Enforcement ............................................................................................................................... 20
8. Other .......................................................................................................................................... 20
Resources ........................................................................................................................................... 22
Attachment 1: Statutory Changes (Strikeout/Italics and Underline) ................................................. 23
Attachment 2: State Standards Checklist........................................................................................ 37
Attachment 3: Bibliography ............................................................................................................. 38
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Understanding Accessory Dwelling Units
(ADUs) and Their Importance
California’s housing production is not keeping pace with
demand. In the last decade, less than half of the homes
needed to keep up with the population growth were built.
Additionally, new homes are often constructed away from
job-rich areas. This lack of housing that meets people’s
needs is impacting affordability and causing average
housing costs, particularly for renters in California, to rise
significantly. As affordable housing becomes less
accessible, people drive longer distances between
housing they can afford and their workplace or pack
themselves into smaller shared spaces, both of which
reduce quality of life and produce negative environmental
impacts.
*******
Beyond traditional construction, widening the range of housing types can increase the housing supply and help
more low-income Californians thrive. Examples of some of these housing types are Accessory Dwelling Units
(ADUs - also referred to as second units, in-law units, casitas, or granny flats) and Junior Accessory Dwelling Units
(JADUs).
ADUs tend to be significantly less expensive to build and offer benefits that address common development barriers
such as affordability and environmental quality. Because ADUs must be built on lots with existing or proposed
housing, they do not require paying for new land, dedicated parking or other costly infrastructure required to build a
new single-family home. Because they are contained inside existing single-family homes, JADUs require relatively
What is an ADU?
An ADU is an accessory dwelling unit with complete independent living facilities for one or more persons
and has a few variations:
• Detached: The unit is separated from the primary structure.
• Attached: The unit is attached to the primary structure.
• Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area, or similar
use, or an accessory structure) on the lot of the primary residence that is converted into an
independent living unit.
• Junior Accessory Dwelling Unit (JADU): A specific type of conversion of existing space that is
contained entirely within an existing or proposed single-family residence.
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modest renovations and are much more affordable to complete. ADUs are often built with cost-effective one or
two-story wood frames, which are also cheaper than other new homes. Additionally, prefabricated ADUs can be
directly purchased and save much of the time and money that comes with new construction. ADUs can provide as
much living space as apartments and condominiums and work well for couples, small families, friends, young
people, and seniors.
Much of California’s housing crisis comes from job-rich, high-opportunity areas where the total housing stock is
insufficient to meet demand and exclusionary practices have limited housing choice and inclusion. Professionals
and students often prefer living closer to jobs and amenities rather than spending hours commuting. Parents often
want better access to schools and do not necessarily require single-family homes to meet their needs. There is a
shortage of affordable units, and the units that are available can be out of reach for many people. To address our
state’s needs, homeowners can construct an ADU on their lot or convert an underutilized part of their home into a
JADU. This flexibility benefits both renters and homeowners who can receive extra monthly rent income.
ADUs also give homeowners the flexibility to share independent living areas with family members and others,
allowing seniors to age in place as they require more care, thus helping extended families stay together while
maintaining privacy. The space can be used for a variety of reasons, including adult children who can pay off debt
and save up for living on their own.
New policies are making ADUs even more affordable to build, in part by limiting the development impact fees and
relaxing zoning requirements. A 2019 study from the Terner Center on Housing Innovation noted that one unit of
affordable housing in the Bay Area costs about $450,000. ADUs and JADUs can often be built at a fraction of that
price and homeowners may use their existing lot to create additional housing, without being required to provide
additional infrastructure. Often the rent generated from the ADU can pay for the entire project in a matter of years.
ADUs and JADUs are a flexible form of housing that can help Californians more easily access job-rich, high-
opportunity areas. By design, ADUs are more affordable and can provide additional income to homeowners. Local
governments can encourage the development of ADUs and improve access to jobs, education, and services for
many Californians.
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Summary of Recent Changes to Accessory
Dwelling Unit Laws
In Government Code Section 65852.150, the
California Legislature found and declared that, among
other things, allowing accessory dwelling units
(ADUs) in zones that allow single-family and
multifamily uses provides additional rental housing,
and is an essential component in addressing
California’s housing needs. Over the years, ADU law
has been revised to improve its effectiveness at
creating more housing units. Changes to ADU laws
effective January 1, 2021, further reduce barriers,
better streamline approval processes, and expand
capacity to accommodate the development of ADUs
and junior accessory dwelling units (JADUs).
ADUs are a unique opportunity to address a variety of
housing needs and provide affordable housing
options for family members, friends, students, the elderly, in-home health care providers, people with disabilities,
and others. Further, ADUs offer an opportunity to maximize and integrate housing choices within existing
neighborhoods.
Within this context, the California Department of Housing and Community Development (HCD) has prepared this
guidance to assist local governments, homeowners, architects, and the general public in encouraging the
development of ADUs. The following is a summary of recent legislation that amended ADU law: AB 3182 (2020)
and SB 13, AB 68, AB 881, AB 587, AB 670, and AB 671 (2019). Please see Attachment 1 for the complete
statutory changes for AB 3182 (2020) and SB 13, AB 68, AB 881, AB 587, AB 670, and AB 671 (2019).
AB 3182 (Ting)
Chapter 198, Statutes of 2020 (Assembly Bill 3182) builds upon recent changes to ADU law (Gov. Code, §
65852.2 and Civil Code Sections 4740 and 4741) to further address barriers to the development and use of ADUs
and JADUs.
This recent legislation, among other changes, addresses the following:
• States that an application for the creation of an ADU or JADU shall be deemed approved (not just subject
to ministerial approval) if the local agency has not acted on the completed application within 60 days.
• Requires ministerial approval of an application for a building permit within a residential or mixed-use zone
to create one ADU and one JADU per lot (not one or the other), within the proposed or existing single-
family dwelling, if certain conditions are met.
• Provides for the rental or leasing of a separate interest ADU or JADU in a common interest development,
notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and
without regard to the date of the governing documents.
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• Provides for not less than 25 percent of the separate interest units within a common interest development
be allowed as rental or leasable units.
AB 68 (Ting), AB 881 (Bloom), and SB 13 (Wieckowski)
Chapter 653, Statutes of 2019 (Senate Bill 13, Section 3), Chapter 655, Statutes of 2019 (Assembly Bill 68,
Section 2) and Chapter 659 (Assembly Bill 881, Section 1.5 and 2.5) build upon recent changes to ADU and JADU
law (Gov. Code § 65852.2, 65852.22) and further address barriers to the development of ADUs and JADUs.
This legislation, among other changes, addresses the following:
• Prohibits local agencies from including in development standards for ADUs requirements on minimum lot
size (Gov. Code, § 65852.2, subd. (a)(1)(B)(i)).
• Clarifies areas designated by local agencies for ADUs may be based on the adequacy of water and sewer
services as well as impacts on traffic flow and public safety (Gov. Code, § 65852.2, subd. (a)(1)(A)).
• Eliminates all owner-occupancy requirements by local agencies for ADUs approved between January 1,
2020, and January 1, 2025 (Gov. Code, § 65852.2, subd. (a)(6)).
• Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or
1,000 square feet if the ADU contains more than one bedroom and requires approval of a permit to build
an ADU of up to 800 square feet (Gov. Code, § 65852.2, subds. (c)(2)(B) & (C)).
• Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking
structure, replacement of offstreet parking spaces cannot be required by the local agency (Gov. Code, §
65852.2, subd. (a)(1)(D)(xi)).
• Reduces the maximum ADU and JADU application review time from 120 days to 60 days (Gov. Code, §
65852.2, subd. (a)(3) and (b)).
• Clarifies that “public transit” includes various means of transportation that charge set fees, run on fixed
routes and are available to the public (Gov. Code, § 65852.2, subd. (j)(10)).
• Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs up to 750 square
feet are exempt from impact fees (Gov. Code § 65852.2, subd. (f)(3)); ADUs that are 750 square feet or
larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those
for the primary dwelling unit (Gov. Code, § 65852.2, subd. (f)(3)).
• Defines an “accessory structure” to mean a structure that is accessory or incidental to a dwelling on the
same lot as the ADU (Gov. Code, § 65852.2, subd. (j)(2)).
• Authorizes HCD to notify the local agency if HCD finds that their ADU ordinance is not in compliance with
state law (Gov. Code, § 65852.2, subd. (h)(2)).
• Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy Regional Housing
Needs Allocation (RHNA) housing needs (Gov. Code, §§ 65583.1, subd. (a), and 65852.2, subd. (m)).
• Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them
(Gov. Code, § 65852.2, subds. (a)(3), (b), and (e)).
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• Allows a permitted JADU to be constructed within the walls of the proposed or existing single-family
residence and eliminates the required inclusion of an existing bedroom or an interior entry into the single-
family residence (Gov. Code § 65852.22, subd. (a)(4); former Gov. Code § 65852.22, subd. (a)(5)).
• Requires, upon application and approval, a local agency to delay enforcement against a qualifying
substandard ADU for five (5) years to allow the owner to correct the violation, so long as the violation is not
a health and safety issue, as determined by the enforcement agency (Gov. Code, § 65852.2, subd. (n);
Health & Safety Code, § 17980.12).
AB 587 (Friedman), AB 670 (Friedman), and AB 671 (Friedman)
In addition to the legislation listed above, AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes
of 2019), and AB 671 (Chapter 658, Statutes of 2019) also have an impact on state ADU law, particularly through
Health and Safety Code Section 17980.12. These pieces of legislation, among other changes, address the
following:
• AB 587 creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed
separately from the primary dwelling by allowing deed-restricted sales to occur if the local agency adopts
an ordinance. To qualify, the primary dwelling and the ADU are to be built by a qualified nonprofit
corporation whose mission is to provide units to low-income households (Gov. Code, § 65852.26).
• AB 670 provides that covenants, conditions and restrictions (CC&Rs) that either effectively prohibit or
unreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family
residential use are void and unenforceable (Civ, Code, § 4751).
• AB 671 requires local agencies’ housing elements to include a plan that incentivizes and promotes the
creation of ADUs that can offer affordable rents for very low, low-, or moderate-income households and
requires HCD to develop a list of state grants and financial incentives in connection with the planning,
construction and operation of affordable ADUs (Gov. Code, § 65583; Health & Safety Code, § 50504.5).
.
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.
Frequently Asked Questions:
Accessory
Dwelling Units1
1. Legislative Intent
a. Should a local ordinance
encourage the
development of
accessory dwelling units?
Yes. Pursuant to Government Code
Section 65852.150, the California
Legislature found and declared that,
among other things, California is facing
a severe housing crisis and ADUs are
a valuable form of housing that meets
the needs of family members,
students, the elderly, in-home health
care providers, people with disabilities
and others. Therefore, ADUs are an
essential component of California’s
housing supply.
ADU law and recent changes intend to
address barriers, streamline approval,
1 Note: Unless otherwise noted, the Government Code section referenced is 65852.2.
Government Code 65852.150:
(a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing in
California.
(2) Accessory dwelling units provide housing for family members,
students, the elderly, in-home health care providers, the disabled,
and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit
from added income, and an increased sense of security.
(4) Allowing accessory dwelling units in single-family or
multifamily residential zones provides additional rental housing
stock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and future
housing demand with serious consequences for the state’s
economy, our ability to build green infill consistent with state
greenhouse gas reduction goals, and the well-being of our
citizens, particularly lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet the
needs of existing and future residents within existing
neighborhoods, while respecting architectural character.
(8) Accessory dwelling units are, therefore, an essential
component of California’s housing supply.
(b) It is the intent of the Legislature that an accessory dwelling
unit ordinance adopted by a local agency has the effect of
providing for the creation of accessory dwelling units and that
provisions in this ordinance relating to matters including unit size,
parking, fees, and other requirements, are not so arbitrary,
excessive, or burdensome so as to unreasonably restrict the
ability of homeowners to create accessory dwelling units in zones
in which they are authorized by local ordinance.
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and expand potential capacity for ADUs, recognizing their unique importance in addressing California’s
housing needs. The preparation, adoption, amendment, and implementation of local ADU ordinances must
be carried out consistent with Government Code, Section 65852.150 and must not unduly constrain the
creation of ADUs. Local governments adopting ADU ordinances should carefully weigh the adoption of
zoning, development standards, and other provisions for impacts on the development of ADUs.
In addition, ADU law is the statutory minimum requirement. Local governments may elect to go beyond
this statutory minimum and further the creation of ADUs. Many local governments have embraced the
importance of ADUs as an important part of their overall housing policies and have pursued innovative
strategies. (Gov. Code, § 65852.2, subd. (g)).
2. Zoning, Development and Other Standards
A) Zoning and Development Standards
• Are ADUs allowed jurisdiction wide?
No. ADUs proposed pursuant to subdivision (e) must be considered in any residential or mixed-use zone.
For other ADUs, local governments may, by ordinance, designate areas in zones where residential uses
are permitted that will also permit ADUs. However, any limits on where ADUs are permitted may only be
based on the adequacy of water and sewer service, and the impacts on traffic flow and public safety.
Further, local governments may not preclude the creation of ADUs altogether, and any limitation should be
accompanied by detailed findings of fact explaining why ADU limitations are required and consistent with
these factors.
Examples of public safety include severe fire hazard areas and inadequate water and sewer service and
includes cease and desist orders. Impacts on traffic flow should consider factors like lesser car ownership
rates for ADUs and the potential for ADUs to be proposed pursuant to Government Code section 65852.2,
subdivision (e). Finally, local governments may develop alternative procedures, standards, or special
conditions with mitigations for allowing ADUs in areas with potential health and safety concerns. (Gov.
Code, § 65852.2, subd. (e))
Residential or mixed-use zone should be construed broadly to mean any zone where residential uses are
permitted by-right or by conditional use.
• Can a local government apply design and development standards?
Yes. A local government may apply development and design standards that include, but are not limited to,
parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that
prevent adverse impacts on any real property that is listed in the California Register of Historic Resources.
However, these standards shall be sufficiently objective to allow ministerial review of an ADU. (Gov. Code,
§ 65852.2, subd. (a)(1)(B)(i))
ADUs created under subdivision (e) of Government Code 65852.2 shall not be subject to design and
development standards except for those that are noted in the subdivision.
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What does objective mean?
“objective zoning standards” and “objective design review standards” mean standards that involve no
personal or subjective judgment by a public official and are uniformly verifiable by reference to an external
and uniform benchmark or criterion available and knowable by both the development applicant or
proponent and the public official prior to submittal. Gov Code § 65913.4, subd. (a)(5)
ADUs that do not meet objective and ministerial development and design standards may still be permitted
through an ancillary discretionary process if the applicant chooses to do so. Some jurisdictions with
compliant ADU ordinances apply additional processes to further the creation of ADUs that do not
otherwise comply with the minimum standards necessary for ministerial review. Importantly, these
processes are intended to provide additional opportunities to create ADUs that would not otherwise be
permitted, and a discretionary process may not be used to review ADUs that are fully compliant with ADU
law. Examples of these processes include areas where additional health and safety concerns must be
considered, such as fire risk.
• Can ADUs exceed general plan and zoning densities?
Yes. An ADU is an accessory use for the purposes of calculating allowable density under the general plan
and zoning that does not count toward the allowable density. For example, if a zoning district allows one
unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Further, local
governments could elect to allow more than one ADU on a lot, and ADUs are automatically a residential
use deemed consistent with the general plan and zoning. (Gov. Code, § 65852.2, subd. (a)(1)(C).)
• Are ADUs permitted ministerially?
Yes. ADUs must be considered, approved, and permitted ministerially, without discretionary action.
Development and other decision-making standards must be sufficiently objective to allow for ministerial
review. Examples include numeric and fixed standards such as heights or setbacks, or design standards
such as colors or materials. Subjective standards require judgement and can be interpreted in multiple
ways such as privacy, compatibility with neighboring properties or promoting harmony and balance in the
community; subjective standards shall not be imposed for ADU development. Further, ADUs must not be
subject to a hearing or any ordinance regulating the issuance of variances or special use permits and must
be considered ministerially. (Gov. Code, § 65852.2, subd. (a)(3).)
• Can I create an ADU if I have multiple detached dwellings on a lot?
Yes. A lot where there are currently multiple detached single-family dwellings is eligible for creation of one
ADU per lot by converting space within the proposed or existing space of a single-family dwelling or
existing structure or a new construction detached ADU subject to certain development standards.
• Can I build an ADU in a historic district, or if the primary residence is subject to historic
preservation?
Yes. ADUs are allowed within a historic district, and on lots where the primary residence is subject to
historic preservation. State ADU law allows for a local agency to impose standards that prevent adverse
impacts on any real property that is listed in the California Register of Historic Resources. However, these
standards do not apply to ADUs proposed pursuant to Government Code section 65852.2, subdivision (e).
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As with non-historic resources, a jurisdiction may impose objective and ministerial standards that are
sufficiently objective to be reviewed ministerially and do not unduly burden the creation of ADUs.
Jurisdictions are encouraged to incorporate these standards into their ordinance and submit these
standards along with their ordinance to HCD. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) & (a)(5).)
B) Size Requirements
• Is there a minimum lot size requirement?
No. While local governments may impose standards on ADUs, these standards shall not include minimum
lot size requirements. Further, lot coverage requirements cannot preclude the creation of a statewide
exemption ADU (800 square feet ADU with a height limitation of 16 feet and 4 feet side and rear yard
setbacks). If lot coverage requirements do not allow such an ADU, an automatic exception or waiver
should be given to appropriate development standards such as lot coverage, floor area or open space
requirements. Local governments may continue to enforce building and health and safety standards and
may consider design, landscape, and other standards to facilitate compatibility.
What is a statewide exemption ADU?
A statewide exemption ADU is an ADU of up to 800 square feet, 16 feet in height, as potentially limited by
a local agency, and with 4 feet side and rear yard setbacks. ADU law requires that no lot coverage, floor
area ratio, open space, or minimum lot size will preclude the construction of a statewide exemption ADU.
Further, ADU law allows the construction of a detached new construction statewide exemption ADU to be
combined on the same lot with a JADU in a single-family residential zone. In addition, ADUs are allowed in
any residential or mixed uses regardless of zoning and development standards imposed in an ordinance.
See more discussion below.
• Can minimum and maximum unit sizes be established for ADUs?
Yes. A local government may, by ordinance, establish minimum and maximum unit size requirements for
both attached and detached ADUs. However, maximum unit size requirements must be at least 850
square feet and 1,000 square feet for ADUs with more than one bedroom. For local agencies without an
ordinance, maximum unit sizes are 1,200 square feet for a new detached ADU and up to 50 percent of the
floor area of the existing primary dwelling for an attached ADU (at least 800 square feet). Finally, the local
agency must not establish by ordinance a minimum square footage requirement that prohibits an efficiency
unit, as defined in Health and Safety Code section 17958.1.
The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU
is not subject to size requirements. For example, an existing 3,000 square foot barn converted to an ADU
would not be subject to the size requirements, regardless if a local government has an adopted ordinance.
Should an applicant want to expand an accessory structure to create an ADU beyond 150 square feet, this
ADU would be subject to the size maximums outlined in state ADU law, or the local agency’s adopted
ordinance.
• Can a percentage of the primary dwelling be used for a maximum unit size?
Yes. Local agencies may utilize a percentage (e.g., 50 percent) of the primary dwelling as a maximum unit
size for attached or detached ADUs but only if it does not restrict an ADU’s size to less than the standard
of at least 850 square feet (or at least 1000 square feet for ADUs with more than one bedroom). Local
agencies must not, by ordinance, establish any other minimum or maximum unit sizes, including based on
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a percentage of the primary dwelling, that precludes a statewide exemption ADU. Local agencies utilizing
percentages of the primary dwelling as maximum unit sizes could consider multi-pronged standards to
help navigate these requirements (e.g., shall not exceed 50 percent of the dwelling or 1,000 square feet,
whichever is greater).
• Can maximum unit sizes exceed 1,200 square feet for ADUs?
Yes. Maximum unit sizes, by ordinance, can exceed 1,200 square feet for ADUs. ADU law does not limit
the authority of local agencies to adopt less restrictive requirements for the creation of ADUs (Gov. Code,
§ 65852.2, subd. (g)).
Larger unit sizes can be appropriate in a rural context or jurisdictions with larger lot sizes and is an
important approach to creating a full spectrum of ADU housing choices.
C) Parking Requirements
• Can parking requirements exceed one space per unit or bedroom?
No. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever is
less. These spaces may be provided as tandem parking on a driveway. Guest parking spaces shall not be
required for ADUs under any circumstances.
What is Tandem Parking?
Tandem parking means two or more automobiles that are parked on a driveway or in any other location on
a lot, lined up behind one another. (Gov. Code, § 65852.2, subds. (a)(1)(D)(x)(I) and (j)(11).)
Local agencies may choose to eliminate or reduce parking requirements for ADUs such as requiring zero
or half a parking space per each ADU.
• Is flexibility for siting parking required?
Yes. Local agencies should consider flexibility when siting parking for ADUs. Offstreet parking spaces for
the ADU shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made. Specific findings must be based on specific site or
regional topographical or fire and life safety conditions.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of
an ADU, or converted to an ADU, the local agency shall not require that those offstreet parking spaces for
the primary unit be replaced. (Gov. Code, § 65852.2, subd. (a)(D)(xi).)
• Can ADUs be exempt from parking?
Yes. A local agency shall not impose ADU parking standards for any of the following, pursuant to
Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10).
(1) Accessory dwelling unit is located within one-half mile walking distance of public transit.
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(2) Accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) Accessory dwelling unit is part of the proposed or existing primary residence or an accessory
structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling
unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
Note: For the purposes of state ADU law, a jurisdiction may use the designated areas where a car share
vehicle may be accessed. Public transit is any location where an individual may access buses, trains,
subways and other forms of transportation that charge set fares, run on fixed routes and are available to
the general public. Walking distance is defined as the pedestrian shed to reach public transit. Additional
parking requirements to avoid impacts to public access may be required in the coastal zone.
D) Setbacks
• Can setbacks be required for ADUs?
Yes. A local agency may impose development standards, such as setbacks, for the creation of ADUs.
Setbacks may include front, corner, street, and alley setbacks. Additional setback requirements may be
required in the coastal zone if required by a local coastal program. Setbacks may also account for utility
easements or recorded setbacks. However, setbacks must not unduly constrain the creation of ADUs and
cannot be required for ADUs proposed pursuant to subdivision (e). Further, a setback of no more than four
feet from the side and rear lot lines shall be required for an attached or detached ADU. (Gov. Code, §
65852.2, subd. (a)(1)(D)(vii).)
A local agency may also allow the expansion of a detached structure being converted into an ADU when
the existing structure does not have four-foot rear and side setbacks. A local agency may also allow the
expansion area of a detached structure being converted into an ADU to have no setbacks, or setbacks of
less than four feet, if the existing structure has no setbacks, or has setbacks of less than four feet. A local
agency shall not require setbacks of more than four feet for the expanded area of a detached structure
being converted into an ADU.
A local agency may still apply front yard setbacks for ADUs, but front yard setbacks cannot preclude a
statewide exemption ADU and must not unduly constrain the creation of all types of ADUs. (Gov. Code, §
65852.2, subd. (c).)
E) Height Requirements
• Is there a limit on the height of an ADU or number of stories?
Not in state ADU law, but local agencies may impose height limits provided that the limit is no less than 16
feet. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).)
F) Bedrooms
• Is there a limit on the number of bedrooms?
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State ADU law does not allow for the limitation on the number of bedrooms of an ADU. A limit on the
number of bedrooms could be construed as a discriminatory practice towards protected classes, such as
familial status, and would be considered a constraint on the development of ADUs.
G) Impact Fees
• Can impact fees be charged for an ADU less than 750 square feet?
No. An ADU is exempt from incurring impact fees from local agencies, special districts, and water
corporations if less than 750 square feet. Should an ADU be 750 square feet or larger, impact fees shall
be charged proportionately in relation to the square footage of the ADU to the square footage of the
primary dwelling unit.
What is “Proportionately”?
“Proportionately” is some amount that corresponds to a total amount, in this case, an impact fee for a
single-family dwelling. For example, a 2,000 square foot primary dwelling with a proposed 1,000 square
foot ADU could result in 50 percent of the impact fee that would be charged for a new primary dwelling on
the same site. In all cases, the impact fee for the ADU must be less than the primary dwelling. Otherwise,
the fee is not calculated proportionately. When utilizing proportions, careful consideration should be given
to the impacts on costs, feasibility, and ultimately, the creation of ADUs. In the case of the example above,
anything greater than 50 percent of the primary dwelling could be considered a constraint on the
development of ADUs.
For purposes of calculating the fees for an ADU on a lot with a multifamily dwelling, the proportionality
shall be based on the average square footage of the units within that multifamily dwelling structure. For
ADUs converting existing space with a 150 square foot expansion, a total ADU square footage over 750
square feet could trigger the proportionate fee requirement. (Gov. Code, § 65852.2, subd. (f)(3)(A).)
• Can local agencies, special districts or water corporations waive impact fees?
Yes. Agencies can waive impact and any other fees for ADUs. Also, local agencies may also use fee
deferrals for applicants.
• Can school districts charge impact fees?
Yes. School districts are authorized but do not have to levy impact fees for ADUs greater than 500 square
feet pursuant to Section 17620 of the Education Code. ADUs less than 500 square feet are not subject to
school impact fees. Local agencies are encouraged to coordinate with school districts to carefully weigh
the importance of promoting ADUs, ensuring appropriate nexus studies and appropriate fees to facilitate
construction or reconstruction of adequate school facilities.
• What types of fees are considered impact fees?
Impact fees charged for the construction of ADUs must be determined in accordance with the Mitigation
Fee Act and generally include any monetary exaction that is charged by a local agency in connection with
the approval of an ADU, including impact fees, for the purpose of defraying all or a portion of the cost of
public facilities relating to the ADU. A local agency, special district or water corporation shall not consider
ADUs as a new residential use for the purposes of calculating connection fees or capacity charges for
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utilities, including water and sewer services. However, these provisions do not apply to ADUs that are
constructed concurrently with a new single-family home. (Gov. Code, §§ 65852.2, subd. (f), and 66000)
• Can I still be charged water and sewer connection fees?
ADUs converted from existing space and JADUs shall not be considered by a local agency, special district
or water corporation to be a new residential use for purposes of calculating connection fees or capacity
charges for utilities, unless constructed with a new single-family dwelling. The connection fee or capacity
charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing
fixtures as compared to the primary dwelling. State ADU law does not cover monthly charge fees. (Gov.
Code, § 65852.2, subd. (f)(2)(A).)
H) Conversion of Existing Space in Single Family, Accessory and Multifamily
Structures and Other Statewide Permissible ADUs (Subdivision (e))
• Are local agencies required to comply with subdivision (e)?
Yes. All local agencies must comply with subdivision (e). This subdivision requires the ministerial approval
of ADUs within a residential or mixed-use zone. The subdivision creates four categories of ADUs that
should not be subject to other specified areas of ADU law, most notably zoning and development
standards. For example, ADUs under this subdivision should not have to comply with lot coverage,
setbacks, heights, and unit sizes. However, ADUs under this subdivision must meet the building code and
health and safety requirements. The four categories of ADUs under subdivision (e) are:
b. One ADU and one JADU are permitted per lot within the existing or proposed
space of a single-family dwelling, or a JADU within the walls of the single family
residence, or an ADU within an existing accessory structure, that meets specified
requirements such as exterior access and setbacks for fire and safety.
c. One detached new construction ADU that does not exceed four-foot side and rear
yard setbacks. This ADU may be combined on the same lot with a JADU and may
be required to meet a maximum unit size requirement of 800 square feet and a
height limitation of 16 feet.
d. Multiple ADUs within the portions of multifamily structures that are not used as
livable space. Local agencies must allow at least one of these types of ADUs and
up to 25 percent of the existing multifamily structures.
e. Up to two detached ADUs on a lot that has existing multifamily dwellings that are
subject to height limits of 16 feet and 4-foot rear and side yard setbacks.
The above four categories are not required to be combined. For example, local governments are not
required to allow (a) and (b) together or (c) and (d) together. However, local agencies may elect to allow
these ADU types together.
Local agencies shall allow at least one ADU to be created within the non-livable space within multifamily
dwelling structures, or up to 25 percent of the existing multifamily dwelling units within a structure and may
also allow not more than two ADUs on the lot detached from the multifamily dwelling structure. New
detached units are subject to height limits of 16 feet and shall not be required to have side and rear
setbacks of more than four feet.
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The most common ADU that can be created under subdivision (e) is a conversion of proposed or existing
space of a single-family dwelling or accessory structure into an ADU, without any prescribed size
limitations, height, setback, lot coverage, architectural review, landscape, or other development standards.
This would enable the conversion of an accessory structure, such as a 2,000 square foot garage, to an
ADU without any additional requirements other than compliance with building standards for dwellings.
These types of ADUs are also eligible for a 150 square foot expansion (see discussion below).
ADUs created under subdivision (e) shall not be required to provide replacement or additional parking.
Moreover, these units shall not, as a condition for ministerial approval, be required to correct any existing
or created nonconformity. Subdivision (e) ADUs shall be required to be rented for terms longer than 30
days, and only require fire sprinklers if fire sprinklers are required for the primary residence. These ADUs
shall not be counted as units when calculating density for the general plan and are not subject to owner-
occupancy.
• Can I convert my accessory structure into an ADU?
Yes. The conversion of garages, sheds, barns, and other existing accessory structures, either attached or
detached from the primary dwelling, into ADUs is permitted and promoted through the state ADU law.
These conversions of accessory structures are not subject to any additional development standard, such
as unit size, height, and lot coverage requirements, and shall be from existing space that can be made
safe under building and safety codes. A local agency should not set limits on when the structure was
created, and the structure must meet standards for health and safety. Finally, local governments may also
consider the conversion of illegal existing space and could consider alternative building standards to
facilitate the conversion of existing illegal space to minimum life and safety standards.
• Can an ADU converting existing space be expanded?
Yes. An ADU created within the existing or proposed space of a single-family dwelling or accessory
structure can be expanded beyond the physical dimensions of the structure. In addition, an ADU created
within an existing accessory structure may be expanded up to 150 square feet without application of local
development standards, but this expansion shall be limited to accommodating ingress and egress. An
example of where this expansion could be applicable is for the creation of a staircase to reach a second
story ADU. These types of ADUs shall conform to setbacks sufficient for fire and safety.
A local agency may allow for an expansion beyond 150 square feet, though the ADU would have to
comply with the size maximums as per state ADU law, or a local agency’s adopted ordinance.
As a JADU is limited to being created within the walls of a primary residence, this expansion of up to 150
square feet does not pertain to JADUs.
I) Nonconforming Zoning Standards
• Does the creation of an ADU require the applicant to carry out public improvements?
No physical improvements shall be required for the creation or conversion of an ADU. Any requirement to
carry out public improvements is beyond what is required for the creation of an ADU, as per state law. For
example, an applicant shall not be required to improve sidewalks, carry out street improvements, or
access improvements to create an ADU. Additionally, as a condition for ministerial approval of an ADU, an
applicant shall not be required to correct nonconforming zoning conditions. (Gov. Code, § 65852.2, subd.
(e)(2).)
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J) Renter and Owner-occupancy
• Are rental terms required?
Yes. Local agencies may require that the property be used for rentals of terms longer than 30 days. ADUs
permitted ministerially, under subdivision (e), shall be rented for terms longer than 30 days. (Gov. Code, §
65852.2, subds. (a)(6) & (e)(4).)
• Are there any owner-occupancy requirements for ADUs?
No. Prior to recent legislation, ADU laws allowed local agencies to elect whether the primary dwelling or
ADU was required to be occupied by an owner. The updates to state ADU law removed the owner-
occupancy allowance for newly created ADUs effective January 1, 2020. The new owner-occupancy
exclusion is set to expire on December 31, 2024. Local agencies may not retroactively require owner
occupancy for ADUs permitted between January 1, 2020, and December 31, 2024.
However, should a property have both an ADU and JADU, JADU law requires owner-occupancy of either
the newly created JADU, or the single-family residence. Under this specific circumstance, a lot with an
ADU would be subject to owner-occupancy requirements. (Gov. Code, § 65852.2, subd. (a)(2).)
K) Fire Sprinkler Requirements
• Are fire sprinklers required for ADUs?
No. Installation of fire sprinklers may not be required in an ADU if sprinklers are not required for the
primary residence. For example, a residence built decades ago would not have been required to have fire
sprinklers installed under the applicable building code at the time. Therefore, an ADU created on this lot
cannot be required to install fire sprinklers. However, if the same primary dwelling recently undergoes
significant remodeling and is now required to have fire sprinklers, any ADU created after that remodel must
likewise install fire sprinklers. (Gov. Code, § 65852.2, subds. (a)(1)(D)(xii) and (e)(3).)
Please note, for ADUs created on lots with multifamily residential structures, the entire residential structure
shall serve as the “primary residence” for the purposes of this analysis. Therefore, if the multifamily
structure is served by fire sprinklers, the ADU can be required to install fire sprinklers.
L) Solar Panel Requirements
• Are solar panels required for new construction ADUs?
Yes, newly constructed ADUs are subject to the Energy Code requirement to provide solar panels if the
unit(s) is a newly constructed, non-manufactured, detached ADU. Per the California Energy Commission
(CEC), the panels can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed
within existing space, or as an addition to existing homes, including detached additions where an existing
detached building is converted from non-residential to residential space, are not subject to the Energy
Code requirement to provide solar panels.
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Please refer to the CEC on this matter. For more information, see the CEC’s website www.energy.ca.gov.
You may email your questions to: title24@energy.ca.gov, or contact the Energy Standards Hotline at 800-
772-3300. CEC memos can also be found on HCD’s website at https://www.hcd.ca.gov/policy-
research/AccessoryDwellingUnits.shtml.
3. Junior Accessory Dwelling Units (JADUs) – Government Code Section 65852.22
• Are two JADUs allowed on a lot?
No. A JADU may be created on a lot zoned for single-family residences with one primary dwelling. The
JADU may be created within the walls of the proposed or existing single-family residence, including
attached garages, as attached garages are considered within the walls of the existing single-family
residence. Please note that JADUs created in the attached garage are not subject to the same parking
protections as ADUs and could be required by the local agency to provide replacement parking.
JADUs are limited to one per residential lot with a single-family residence. Lots with multiple detached
single-family dwellings are not eligible to have JADUs. (Gov. Code, § 65852.22, subd. (a)(1).)
• Are JADUs allowed in detached accessory structures?
No, JADUs are not allowed in accessory structures. The creation of a JADU must be within the single-
family residence. As noted above, attached garages are eligible for JADU creation. The maximum size for
a JADU is 500 square feet. (Gov. Code, § 65852.22, subds. (a)(1), (a)(4), and (h)(1).)
• Are JADUs allowed to be increased up to 150 square feet when created within an existing
structure?
No. Only ADUs are allowed to add up to 150 square feet “beyond the physical dimensions of the existing
accessory structure” to provide for ingress. (Gov. Code, § 65852.2, subd. (e)(1)(A)(i).)
This provision extends only to ADUs and excludes JADUs. A JADU is required to be created within the
single-family residence.
• Are there any owner-occupancy requirements for JADUs?
Yes. There are owner-occupancy requirements for JADUs. The owner must reside in either the remaining
portion of the primary residence, or in the newly created JADU. (Gov. Code, § 65852.22, subd. (a)(2).)
4. Manufactured Homes and ADUs
• Are manufactured homes considered to be an ADU?
Yes. An ADU is any residential dwelling unit with independent facilities and permanent provisions for living,
sleeping, eating, cooking and sanitation. An ADU includes a manufactured home (Health & Saf. Code, §
18007).
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5. ADUs and the Housing Element
• Do ADUs and JADUs count toward a local agency’s Regional Housing Needs Allocation?
Yes. Pursuant to Government Code section 65852.2 subdivision (m), and section 65583.1, ADUs and
JADUs may be utilized towards the Regional Housing Need Allocation (RHNA) and Annual Progress
Report (APR) pursuant to Government Code section 65400. To credit a unit toward the RHNA, HCD and
the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, an ADU, and a
JADU with shared sanitation facilities, and any other unit that meets the census definition, and is reported
to DOF as part of the DOF annual City and County Housing Unit Change Survey, can be credited toward
the RHNA based on the appropriate income level. The housing element or APR must include a reasonable
methodology to demonstrate the level of affordability. Local governments can track actual or anticipated
affordability to assure ADUs and JADUs are counted towards the appropriate income category. For
example, some local governments request and track information such as anticipated affordability as part of
the building permit or other applications.
• Is analysis required to count ADUs toward the RHNA in the housing element?
Yes. To calculate ADUs in the housing element, local agencies must generally use a three-part approach:
(1) development trends, (2) anticipated affordability and (3) resources and incentives. Development trends
must consider ADUs permitted in the prior planning period and may also consider more recent trends.
Anticipated affordability can use a variety of methods to estimate the affordability by income group.
Common approaches include rent surveys of ADUs, using rent surveys and square footage assumptions
and data available through the APR pursuant to Government Code section 65400. Resources and
incentives include policies and programs to encourage ADUs, such as prototype plans, fee waivers,
expedited procedures and affordability monitoring programs.
• Are ADUs required to be addressed in the housing element?
Yes. The housing element must include a description of zoning available to permit ADUs, including
development standards and analysis of potential constraints on the development of ADUs. The element
must include programs as appropriate to address identified constraints. In addition, housing elements must
Health and Safety Code section 18007, subdivision (a): “Manufactured home,” for the purposes
of this part, means a structure that was constructed on or after June 15, 1976, is transportable in
one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the
traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent
chassis and designed to be used as a single-family dwelling with or without a foundation when
connected to the required utilities, and includes the plumbing, heating, air conditioning, and
electrical systems contained therein. “Manufactured home” includes any structure that meets all
the requirements of this paragraph except the size requirements and with respect to which the
manufacturer voluntarily files a certification and complies with the standards established under
the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401,
and following).
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include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very
low, low-, or moderate-income households and requires HCD to develop a list of state grants and financial
incentives in connection with the planning, construction and operation of affordable ADUs. (Gov. Code, §
65583 and Health & Saf. Code, § 50504.5.)
6. Homeowners Association
• Can my local Homeowners Association (HOA) prohibit the construction of an ADU or
JADU?
No. Assembly Bill 670 (2019) and AB 3182 (2020) amended Section 4751, 4740, and 4741 of the Civil
Code to preclude common interest developments from prohibiting or unreasonably restricting the
construction or use, including the renting or leasing of, an ADU on a lot zoned for single-family residential
use. Covenants, conditions and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict
the construction or use of an ADU or JADU on such lots are void and unenforceable or may be liable for
actual damages and payment of a civil penalty. Applicants who encounter issues with creating ADUs or
JADUs within CC&Rs are encouraged to reach out to HCD for additional guidance.
7. Enforcement
• Does HCD have enforcement authority over ADU ordinances?
Yes. After adoption of the ordinance, HCD may review and submit written findings to the local agency as to
whether the ordinance complies with state ADU law. If the local agency’s ordinance does not comply, HCD
must provide a reasonable time, no longer than 30 days, for the local agency to respond, and the local
agency shall consider HCD’s findings to amend the ordinance to become compliant. If a local agency does
not make changes and implements an ordinance that is not compliant with state law, HCD may refer the
matter to the Attorney General.
In addition, HCD may review, adopt, amend, or repeal guidelines to implement uniform standards or
criteria that supplement or clarify ADU law.
8. Other
• Are ADU ordinances existing prior to new 2020 laws null and void?
No. Ordinances existing prior to the new 2020 laws are only null and void to the extent that existing ADU
ordinances conflict with state law. Subdivision (a)(4) of Government Code Section 65852.2 states an
ordinance that fails to meet the requirements of subdivision (a) shall be null and void and shall apply the
state standards (see Attachment 3) until a compliant ordinance is adopted. However, ordinances that
substantially comply with ADU law may continue to enforce the existing ordinance to the extent it complies
with state law. For example, local governments may continue the compliant provisions of an ordinance and
apply the state standards where pertinent until the ordinance is amended or replaced to fully comply with
ADU law. At the same time, ordinances that are fundamentally incapable of being enforced because key
provisions are invalid -- meaning there is not a reasonable way to sever conflicting provisions and apply
the remainder of an ordinance in a way that is consistent with state law -- would be fully null and void and
must follow all state standards until a compliant ordinance is adopted.
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• Do local agencies have to adopt an ADU ordinance?
No. Local governments may choose not to adopt an ADU ordinance. Should a local government choose to
not adopt an ADU ordinance, any proposed ADU development would be only subject to standards set in
state ADU law. If a local agency adopts an ADU ordinance, it may impose zoning, development, design,
and other standards in compliance with state ADU law. (See Attachment 4 for a state standards checklist.)
• Is a local government required to send an ADU ordinance to the California Department of
Housing and Community Development (HCD)?
Yes. A local government, upon adoption of an ADU ordinance, must submit a copy of the adopted
ordinance to HCD within 60 days after adoption. After the adoption of an ordinance, the Department may
review and submit written findings to the local agency as to whether the ordinance complies with this
section. (Gov. Code, § 65852.2, subd. (h)(1).)
Local governments may also submit a draft ADU ordinance for preliminary review by HCD. This provides
local agencies the opportunity to receive feedback on their ordinance and helps to ensure compliance with
the new state ADU law.
• Are charter cities and counties subject to the new ADU laws?
Yes. ADU law applies to a local agency which is defined as a city, county, or city and county, whether
general law or chartered. (Gov. Code, § 65852.2, subd. (j)(5)).
Further, pursuant to Chapter 659, Statutes of 2019 (AB 881), the Legislature found and declared ADU law
as “…a matter of statewide concern rather than a municipal affair, as that term is used in Section 5 of
Article XI of the California Constitution” and concluded that ADU law applies to all cities, including charter
cities.
• Do the new ADU laws apply to jurisdictions located in the Coastal Zone?
Yes. ADU laws apply to jurisdictions in the Coastal Zone, but do not necessarily alter or lessen the effect
or application of Coastal Act resource protection policies. (Gov. Code, § 65852.22, subd. (l)).
Coastal localities should seek to harmonize the goals of protecting coastal resources and addressing
housing needs of Californians. For example, where appropriate, localities should amend Local Coastal
Programs for California Coastal Commission review to comply with the California Coastal Act and new
ADU laws. For more information, see the California Coastal Commission 2020 Memo and reach out to the
locality’s local Coastal Commission district office.
• What is considered a multifamily dwelling?
For the purposes of state ADU law, a structure with two or more attached dwellings on a single lot is
considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not
considered multifamily dwellings for the purposes of state ADU law.
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Resources
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Attachment 1: Statutory Changes (Strikeout/Italics and Underline)
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2
Combined changes from (AB 3182 Accessory Dwelling Units)
and (AB 881, AB 68 and SB 13 Accessory Dwelling Units)
(Changes noted in strikeout, underline/italics)
Effective January 1, 2021, Section 65852.2 of the Government Code is amended to read:
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to
allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory
dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall
consult with the local water or sewer service provider regarding the adequacy of water and sewer services before
designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Resources. These standards shall not include
requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or
otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing
dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,
including attached garages, storage areas or similar uses, or an accessory structure or detached from the
proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not
exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the
same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit
or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot
lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new
structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory
dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those
offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence.
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(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and
approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the
application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the
local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the
permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency
acts on the permit application to create the new single-family dwelling, but the application to create the accessory
dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has
not acted upon the completed application within 60 days, the application shall be deemed approved. A local
agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of
adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial
provisions for the approval of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has
an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance
shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the
approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this
section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a
use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional
standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant
requirement, except that a local agency may require that the property be used for rentals of terms longer than 30
days.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit
or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application
if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit
or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new
single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed
application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for
both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that
prohibits an efficiency unit.
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(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less
than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the
proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size,
for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit
that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all
other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family
dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not
more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating
ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard
setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined
with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following
conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not
used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,
or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall
allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,
but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard
and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of
an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required
for the primary residence.
(4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be
for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if
the percolation test has been recertified, within the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,
2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially
consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may
impose standards including, but not limited to, design, development, and historic standards on said accessory
dwelling units. These standards shall not include requirements on minimum lot size.
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(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be
a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water
and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development
of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of
750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling
unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any
connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local
agency, special district, or water corporation shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or impose a related connection fee or
capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a
local agency, special district, or water corporation may require a new or separate utility connection directly
between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the
Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical
Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation
of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department
of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the
department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department
shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to
respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall
do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the
ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite
the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt
a resolution with findings explaining the reason the ordinance complies with this section and addressing the
department’s findings, the department shall notify the local agency and may notify the Attorney General that the
local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may
consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,
and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that
supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted
pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete
independent living facilities for one or more persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the
following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
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(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not
include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with
current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance
of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may
access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are
available to the public.
(10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a
lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency
issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as
specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this
division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5
of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2)
below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall
delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety
Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Becomes operative on January 1, 2025)
Section 65852.2 of the Government Code is amended to read (changes from January 1, 2021 statute noted in
underline/italic):
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to
allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory
dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall
consult with the local water or sewer service provider regarding the adequacy of water and sewer services before
designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Resources. These standards shall not include
requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
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(D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or
otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing
dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,
including attached garages, storage areas or similar uses, or an accessory structure or detached from the
proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not
exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the
same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit
or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot
lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new
structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory
dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those
offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and
approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the
application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the
local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the
permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency
acts on the permit application to create the new single-family dwelling, but the application to create the accessory
dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has
not acted upon the completed application within 60 days, the application shall be deemed approved. A local
agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of
adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial
provisions for the approval of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has
an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance
shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the
approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this
section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a
use permit under this subdivision.
(6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
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accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional
standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant
requirement, except that imposed except that, subject to subparagraph (B), a local agency may require an
applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for
rentals of terms longer than 30 days.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an
accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local
agency was prohibited from imposing an owner-occupant requirement.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit
or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application
if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit
or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new
single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed
application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for
both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that
prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less
than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the
proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size,
for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit
that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all
other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family
dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not
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more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating
ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard
setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined
with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following
conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not
used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,
or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall
allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,
but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard
and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of
an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required
for the primary residence.
(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a
single-family lot, subject to the requirements of paragraph (6) of subdivision (a).
(4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision
be for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if
the percolation test has been recertified, within the last 10 years.
(6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,
2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially
consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may
impose standards including, but not limited to, design, development, and historic standards on said accessory
dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be
a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water
and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development
of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of
750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling
unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any
connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local
agency, special district, or water corporation shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or impose a related connection fee or
capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a
local agency, special district, or water corporation may require a new or separate utility connection directly
between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the
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Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical
Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation
of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department
of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the
department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department
shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to
respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall
do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the
ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite
the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt
a resolution with findings explaining the reason the ordinance complies with this section and addressing the
department’s findings, the department shall notify the local agency and may notify the Attorney General that the
local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may
consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,
and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that
supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted
pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete
independent living facilities for one or more persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the
following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not
include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with
current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance
of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may
access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are
available to the public.
(10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a
lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency
issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be required to hold public hearings for coastal development permit
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applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as
specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this
division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5
of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2)
below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall
delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety
Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. become operative
on January 1, 2025.
Effective January 1, 2021, Section 4740 of the Civil Code is amended to read (changes noted in strikeout,
underline/italics) (AB 3182 (Ting)):
4740.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a
governing document or an amendment to a governing document that prohibits the rental or leasing of any of the
separate interests in that common interest development to a renter, lessee, or tenant unless that governing
document, or amendment thereto, was effective prior to the date the owner acquired title to his or
her their separate interest.
(b) Notwithstanding the provisions of this section, an owner of a separate interest in a common interest
development may expressly consent to be subject to a governing document or an amendment to a governing
document that prohibits the rental or leasing of any of the separate interests in the common interest development
to a renter, lessee, or tenant.
(c) (b) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed
to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the
following conditions:
(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes of
reassessment by the county tax assessor.
(2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section
1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure
Statement, as set forth in Section 1102.6.
(d) (c) Prior to renting or leasing his or her their separate interest as provided by this section, an owner shall
provide the association verification of the date the owner acquired title to the separate interest and the name and
contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative.
(e) (d) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which a
common interest development adopts or amends its governing documents.
(f) This section shall apply only to a provision in a governing document or a provision in an amendment to a
governing document that becomes effective on or after January 1, 2012.
Effective January 1, 2021 of the Section 4741 is added to the Civil Code, to read (AB 3182 (Ting)):
4741.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a
governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or
unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior
accessory dwelling units in that common interest development to a renter, lessee, or tenant.
(b) A common interest development shall not adopt or enforce a provision in a governing document or amendment
to a governing document that restricts the rental or lease of separate interests within a common interest to less
than 25 percent of the separate interests. Nothing in this subdivision prohibits a common interest development
from adopting or enforcing a provision authorizing a higher percentage of separate interests to be rented or leased.
(c) This section does not prohibit a common interest development from adopting and enforcing a provision in a
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governing document that prohibits transient or short-term rental of a separate property interest for a period of 30
days or less.
(d) For purposes of this section, an accessory dwelling unit or junior accessory dwelling unit shall not be construed
as a separate interest.
(e) For purposes of this section, a separate interest shall not be counted as occupied by a renter if the separate
interest, or the accessory dwelling unit or junior accessory dwelling unit of the separate interest, is occupied by the
owner.
(f) A common interest development shall comply with the prohibition on rental restrictions specified in this section
on and after January 1, 2021, regardless of whether the common interest development has revised their governing
documents to comply with this section. However, a common interest development shall amend their governing
documents to conform to the requirements of this section no later than December 31, 2021.
(g) A common interest development that willfully violates this section shall be liable to the applicant or other party
for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one
thousand dollars ($1,000).
(h) In accordance with Section 4740, this section does not change the right of an owner of a separate interest who
acquired title to their separate interest before the effective date of this section to rent or lease their property.
Effective January 1, 2020, Section 65852.22 of the Government Code is was amended to read (AB 68 (Ting)):
65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior
accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for
the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences
with a single-family residence built, or proposed to be built, on the lot.
(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be
permitted. The owner may reside in either the remaining portion of the structure or the newly created junior
accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land
trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting
agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family
residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of proposed or existing
single-family residence.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to
the proposed or existing single-family residence.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of
the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior
accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of
a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building
standards.
(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local
ordinance regulating the issuance of variances or special use permits, be considered ministerially, without
discretionary review or a hearing. The permitting agency shall act on the application to create a junior accessory
dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing
single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted with
a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on
the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit
application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the
local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
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(d) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be
considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and
county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection
requirements within a single-family residence that contains a junior accessory dwelling unit so long as the
ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the
single-family residence includes a junior accessory dwelling unit or not.
(e) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory
dwelling unit shall not be considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related
to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that
contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-
family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially
approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in
subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained
entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities,
or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
Effective January 1, 2020 Section 17980.12 is was added to the Health and Safety Code, immediately following
Section 17980.11, to read (SB 13 (Wieckowski)):
17980.12.
(a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit
described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard
pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay
in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020.
(B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as
described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an
application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the
basis that correcting the violation is not necessary to protect health and safety.
(3) The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines
that correcting the violation is not necessary to protect health and safety. In making this determination, the
enforcement agency shall consult with the entity responsible for enforcement of building standards and other
regulations of the State Fire Marshal pursuant to Section 13146.
(4) The enforcement agency shall not approve any applications pursuant to this section on or after January 1,
2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for
the full term of the delay that was approved at the time of the initial approval of the application pursuant to
paragraph (3).
(b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
(c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
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GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2
AB 587 Accessory Dwelling Units
Effective January 1, 2020 Section 65852.26 is was added to the Government Code, immediately following Section
65852.25, to read (AB 587 (Friedman)):
65852.26.
(a) Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local
agency may, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary
residence to a qualified buyer if all of the following apply:
(1) The property was built or developed by a qualified nonprofit corporation.
(2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified
buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of
subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the
size of the dwelling each qualified buyer occupies.
(B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the
property if the buyer desires to sell or convey the property.
(C) A requirement that the qualified buyer occupy the property as the buyer’s principal residence.
(D) Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved
for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified
buyer.
(4) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be
recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed
concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(5) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility
providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical
connection to that utility.
(b) For purposes of this section, the following definitions apply:
(1) “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section
50093 of the Health and Safety Code.
(2) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the
Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation
Code for properties intended to be sold to low-income families who participate in a special no-interest loan
program.
CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5, ARTICLE 1
AB 670 Accessory Dwelling Units
Effective January 1, 2020, Section 4751 is was added to the Civil Code, to read (AB 670 (Friedman)):
4751.
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument
affecting the transfer or sale of any interest in a planned development, and any provision of a governing document,
that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or
junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of
Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable.
(b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or
junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that
do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability
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to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of
Section 65852.2 or 65852.22 of the Government Code.
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3, ARTICLE 10.6
AB 671 Accessory Dwelling Units
Effective January 1, 2020, Section 65583(c)(7) of the Government Code is was added to read (sections of housing
element law omitted for conciseness) (AB 671 (Friedman)):
65583(c)(7).
Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at
affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income
households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory
dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.
Effective January 1, 2020, Section 50504.5 is was added to the Health and Safety Code, to read (AB 671
(Friedman)):
50504.5.
(a) The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for
operating, administrative, and other expenses in connection with the planning, construction, and operation of an
accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate-income
households.
(b) The list shall be posted on the department’s internet website by December 31, 2020.
(c) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in paragraph (4) of
subdivision (i) of Section 65852.2 of the Government Code.
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Attachment 2: State Standards Checklist
YES/NO STATE STANDARD*
GOVERNMENT
CODE SECTION
Unit is not intended for sale separate from the primary residence and may be
rented.
65852.2(a)(1)(D)(i)
Lot is zoned for single-family or multifamily use and contains a proposed, or
existing, dwelling.
65852.2(a)(1)(D)(ii)
The accessory dwelling unit is either attached to, or located within, the
proposed or existing primary dwelling, including attached garages, storage
areas or similar uses, or an accessory structure, or detached from the
proposed or existing dwelling and located on the same lot as the proposed or
existing primary dwelling.
65852.2(a)(1)(D)(iii)
Increased floor area of an attached accessory dwelling unit does not exceed
50 percent of the existing primary dwelling but shall be allowed to be at least
800/850/1000 square feet.
65852.2(a)(1)(D)(iv),
(c)(2)(B) & C)
Total area of floor area for a detached accessory dwelling unit does not exceed
1,200 square feet.
65852.2(a)(1)(D)(v)
Passageways are not required in conjunction with the construction of an
accessory dwelling unit.
65852.2(a)(1)(D)(vi)
Setbacks are not required for an existing living area or accessory structure or a
structure constructed in the same location and to the same dimensions as an
existing structure that is converted to an accessory dwelling unit or to a portion
of an accessory dwelling unit, and a setback of no more than four feet from the
side and rear lot lines shall be required for an accessory dwelling unit that is
not converted from an existing structure or a new structure constructed in the
same location and to the same dimensions as an existing structure.
65852.2(a)(1)(D)(vii)
Local building code requirements that apply to detached dwellings are met, as
appropriate.
65852.2(a)(1)(D)(viii)
Local health officer approval where a private sewage disposal system is being
used, if required.
65852.2(a)(1)(D)(ix)
Parking requirements do not exceed one parking space per accessory dwelling
unit or per bedroom, whichever is less. These spaces may be provided as
tandem parking on an existing driveway.
65852.2(a)(1)(D)(x)(I
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Attachment 3: Bibliography
ACCESSORY DWELLING UNITS: CASE STUDY (26 pp.)
By the United States Department of Housing and Urban Development, Office of Policy Development and
Research. (2008)
Introduction: Accessory dwelling units (ADUs) — also referred to as accessory apartments, ADUs, or granny flats
— are additional living quarters on single-family lots that are independent of the primary dwelling unit. The
separate living spaces are equipped with kitchen and bathroom facilities and can be either attached or detached
from the main residence. This case study explores how the adoption of ordinances, with reduced regulatory
restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various
types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU
legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of
Accessory Dwelling Units; and Examples of ADU Ordinances and Programs.
THE MACRO VIEW ON MICRO UNITS (46 pp.)
By Bill Whitlow, et al. – Urban Land Institute (2014)
Library Call #: H43 4.21 M33 2014
The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013
to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.
SECONDARY UNITS AND URBAN INFILL: A Literature Review (12 pp.)
By Jake Wegmann and Alison Nemirow (2011)
UC Berkeley: IURD
Library Call # D44 4.21 S43 2011
This literature review examines the research on both infill development in general, and secondary units in
particular, with an eye towards understanding the similarities and differences between infill as it is more
traditionally understood – i.e., the development or redevelopment of entire parcels of land in an already urbanized
area – and the incremental type of infill that secondary unit development constitutes.
RETHINKING PRIVATE ACCESSORY DWELLINGS (5 pp.)
By William P. Macht. Urbanland online. (March 6, 2015)
Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.
One of the large impacts of single-use, single-family detached zoning has been to severely shrink the supply of
accessory dwellings, which often were created in or near primary houses. Detached single-family dwelling zones—
the largest housing zoning category—typically preclude more than one dwelling per lot except under stringent
regulation, and then only in some jurisdictions. Bureaucratically termed “accessory dwelling units” that are allowed
by some jurisdictions may encompass market-derived names such as granny flats, granny cottages, mother-in-law
suites, secondary suites, backyard cottages, casitas, carriage flats, sidekick houses, basement apartments, attic
apartments, laneway houses, multigenerational homes, or home-within-a-home.
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Regulating ADUs in California: Local Approaches & Outcomes (44 pp.)
By Deidra Pfeiffer
Terner Center for Housing and Innovation, UC Berkeley
Accessory dwelling units (ADU) are often mentioned as a key strategy in solving the nation’s housing problems,
including housing affordability and challenges associated with aging in place. However, we know little about
whether formal ADU practices—such as adopting an ordinance, establishing regulations, and permitting—
contribute to these goals. This research helps to fill this gap by using data from the Terner California Residential
Land Use Survey and the U.S. Census Bureau to understand the types of communities engaging in different kinds
of formal ADU practices in California, and whether localities with adopted ordinances and less restrictive
regulations have more frequent applications to build ADUs and increasing housing affordability and aging in place.
Findings suggest that three distinct approaches to ADUs are occurring in California: 1) a more restrictive approach
in disadvantaged communities of color, 2) a moderately restrictive approach in highly advantaged, predominately
White and Asian communities, and 3) a less restrictive approach in diverse and moderately advantaged
communities. Communities with adopted ordinances and less restrictive regulations receive more frequent
applications to build ADUs but have not yet experienced greater improvements in housing affordability and aging in
place. Overall, these findings imply that 1) context-specific technical support and advocacy may be needed to help
align formal ADU practices with statewide goals, and 2) ADUs should be treated as one tool among many to
manage local housing problems.
ADU Update: Early Lessons and Impacts of California's State and Local Policy Changes (8 p.)
By David Garcia (2017)
Terner Center for Housing and Innovation, UC Berkeley
As California’s housing crisis deepens, innovative strategies for creating new housing units for all income levels
are needed. One such strategy is building Accessory Dwelling Units (ADUs) by private homeowners. While large
scale construction of new market rate and affordable homes is needed to alleviate demand-driven rent increases
and displacement pressures, ADUs present a unique opportunity for individual homeowners to create more
housing as well. In particular, ADUs can increase the supply of housing in areas where there are fewer
opportunities for larger-scale developments, such as neighborhoods that are predominantly zoned for and
occupied by single-family homes.
In two of California’s major metropolitan areas -- Los Angeles and San Francisco -- well over three quarters of the
total land area is comprised of neighborhoods where single-family homes make up at least 60 percent of the
community’s housing stock. Across the state, single-family detached units make up 56.4 percent of the overall
housing stock. Given their prevalence in the state’s residential land use patterns, increasing the number of single-
family homes that have an ADU could contribute meaningfully to California’s housing shortage.
Jumpstarting the Market for Accessory Dwelling Units: Lessons Learned from Portland, Seattle and
Vancouver (29 pp.)
By Karen Chapple et al (2017)
Terner Center for Housing and Innovation, UC Berkeley
Despite government attempts to reduce barriers, a widespread surge of ADU construction has not materialized.
The ADU market remains stalled. To find out why, this study looks at three cities in the Pacific Northwest of the
United States and Canada that have seen a spike in construction in recent years: Portland, Seattle, and
Vancouver. Each city has adopted a set of zoning reforms, sometimes in combination with financial incentives and
outreach programs, to spur ADU construction. Due to these changes, as well as the acceleration of the housing
crisis in each city, ADUs have begun blossoming.
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Accessory Dwelling Units as Low-Income Housing: California's Faustian Bargain (37 pp.)
By Darrel Ramsey-Musolf (2018)
University of Massachusetts Amherst, ScholarWorks@UMass Amherst
In 2003, California allowed cities to count accessory dwelling units (ADU) towards low-income housing needs.
Unless a city’s zoning code regulates the ADU’s maximum rent, occupancy income, and/or effective period, then
the city may be unable to enforce low-income occupancy. After examining a stratified random sample of 57 low-,
moderate-, and high-income cities, the high-income cities must proportionately accommodate more low-income
needs than low-income cities. By contrast, low-income cities must quantitatively accommodate three times the low-
income needs of high-income cities. The sample counted 750 potential ADUs as low-income housing. Even though
759 were constructed, no units were identified as available low-income housing. In addition, none of the cities’
zoning codes enforced low-income occupancy. Inferential tests determined that cities with colleges and high
incomes were more probable to count ADUs towards overall and low-income housing needs. Furthermore, a city’s
count of potential ADUs and cities with high proportions of renters maintained positive associations with ADU
production, whereas a city’s density and prior compliance with state housing laws maintained negative
associations. In summary, ADUs did increase local housing inventory and potential ADUs were positively
associated with ADU production, but ADUs as low-income housing remained a paper calculation.
ITEM NUMBER: C-1
DATE: 09/28/21
ATTACHMENT: 3
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ITEM NUMBER: C-1
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ATTACHMENT:
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4
Other important considerations for ADU’s and JADU’s
Can the City require design and development standards?
The City may apply development and design standards that include, but are not
limited to, parking, height, setback, landscape, architectural review, maximum size
of a unit, and standards that prevent adverse impacts on Historic Resources.
However, these standards shall be sufficiently objective to allow ministerial review
of an ADU.
Is there a limit on the number of bedrooms?
State ADU law does not allow for the limitation on the number of bedrooms of an
ADU. A limit on the number of bedrooms could be construed as a discriminatory
practice towards protected classes, such as familial status, and would be
considered a constraint on the development of ADUs. The current code does not
have a limitation on bedrooms and the new code need not include limits, however
the code may include overall size limits.
Can a non-habitable accessory structure be converted into an ADU?
The conversion of garages, sheds, barns, carports and other existing accessory
structures, either attached or detached from the primary dwelling, into ADUs is
permitted (and promoted through the state ADU law). The structure must meet
standards for Health & Safety and shall be required to be converted to a habitable
structure through the typical construction permit process. No changes to the
existing code need to be considered for this directive as the City code does not
prohibit the legal conversion of existing accessory structures so long as the
conversion is completed with an approved construction permit and is consistent
with building and zoning standards.
Are JADU’s allowed within detached structures?
JADUs are not allowed in accessory structures. The creation of a JADU must be
within the single-family residence or within an attached garage. The maximum size
for a JADU is 500 square feet
Can the City require public improvements for the construction of an ADU?
No physical public improvements shall be required for the creation or conversion
of an ADU. Any requirement to carry out public improvements is beyond what is
required for the creation of an ADU, as per state law. For example, an applicant
shall not be required to improve sidewalks, carry out street improvements, or
access improvements to create an ADU. Additionally, as a condition for ministerial
approval of an ADU, an applicant shall not be required to correct nonconforming
zoning conditions. A clarification to the City code will need be incorporated to
implement this.
HCD has enforcement authority over ADU ordinances
After adoption of an ADU ordinance, HCD may review and submit written findings
to the local agency as to whether the ordinance complies with state ADU law. If
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ITEM NUMBER: C-1
DATE:
ATTACHMENT:
09/28/21
4
the local agency’s ordinance does not comply, HCD must provide a reasonable
time, no longer than 30 days, for the local agency to respond, and the local agency
shall consider HCD’s findings to amend the ordinance to become compliant. Staff
will be working with a consultant who is familiar with the HCD requirements to
review our draft for HCD compliance prior to bringing the ordinance forward for
adoption.
Is the current City Code null and void?
Ordinances existing prior to the new 2020 laws are only null and void to the extent
that existing ADU ordinances conflict with state law as identified above.
Ordinances that substantially comply with ADU law may continue to enforce the
existing ordinance to the extent it complies with state law. For example, local
governments may continue the compliant provisions of an ordinance and apply the
state standards where pertinent until the ordinance is amended or replaced to fully
comply with ADU law.
Do local agencies have to adopt an ADU Ordinance?
Local governments may choose not to adopt an ADU ordinance. Should a local
government choose to not adopt an ADU ordinance, any proposed ADU
development would be only subject to standards set in state ADU law. If a local
agency adopts an ADU ordinance, it may impose zoning, development, design,
and other standards in compliance with state ADU law.
Page 110 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
Atascadero City Council
Staff Report - City Manager’s Office
Labor Agreements and Salary Schedules for Fiscal Years 2021-2022,
2022-2023 & 2023-2024
RECOMMENDATIONS:
Council:
1. Approve the Memorandum of Understanding for Atascadero Police Association.
2. Approve the Memorandum of Understanding for Atascadero Professional
Firefighters Local 3600.
3. Approve the Memorandum of Understanding for, Mid-Management/Professional
Employees.
4. Approve the Side Letter of Agreement for the Local 620 Service Employees
International Union.
5. Adopt Draft Resolution for Non-Represented Professional and Management
Workers and Confidential Employees.
6. Approve the City Manager Employment Agreement Amendment.
7. Approve the Salary Schedule for Fiscal Years 2021-2022, 2022-2023, & 2023-
2024.
DISCUSSION:
Memorandums of Understanding (MOUs) are agreements between the City and the
employee associations that set specific language regarding wages, benefits, and working
conditions. The City typically enters into an MOU with each of the four bargaining units and
adopts a resolution for those full-time employees that are not a part of a bargaining unit.
Current MOUs for the Atascadero Police Association (APA), Atascadero Professional
Firefighters Local 3600 (APFA), the Mid-Management/Professional Employees Association
(MMPEA) and the Resolution for Non-Represented Professional and Management
Workers and Confidential Employees expired on June 30, 2021. Local 620 Service
Employees International Union (SEIU) has a three year contract that was approved in July
of 2021, but called for inequity adjustments to be determined at a later date. CalPERS
requires the City to adopt a current salary schedule.
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ITEM NUMBER: C-2
DATE: 09/28/21
Employee Retention
The City has been able to stay within its financial constraints with the cooperation of its
employees. The employees are used to doing more with less and this often carries over
into salaries and wages. The City is consistently the lowest or amongst the lowest in total
compensation for most positions at the City. While compensation is often not the only
reason an employee chooses to work for an employer, when there are significant
differences in pay, it is an important consideration. Because the cost of living is high in the
area, and neighboring jurisdictions are able to pay more, the City’s low wages are often a
barrier to attracting, hiring and most importantly retaining professional employees. This
has a large effect on City operations as vacancies lead to even lower staffing levels,
inefficiencies and additional incurred costs as new employees are trained.
Prior to the current labor shortage, the City often had recruitments where the City did not
receive a single qualified applicant. The City’s ability to attract qualified employees has
only been exacerbated by COVID and the labor shortage. After sometimes two or more
recruitments, the City must try to re-organize, find a way to contract out, or hire someone
at a lower level and provide significant training.
Atascadero’s financial hardships have had a devastating effect on employee retention.
The inability to offer competitive salaries with neighboring agencies has resulted in the
loss of many quality, experienced employees from every departmen t in the City.
Employee attraction and retention has become a crisis in most departments in the City.
Losses of key employees with institutional knowledge cause delays, inefficiencies and
additional overtime costs in order to complete the work needed to p rovide services to our
City.
As part of the extensive outreach effort for Measure D-20, facilitators asked a series of
questions to help guide the Council in setting priorities. Responses relating to having
adequate staffing were one of the top responses as shown in the word clouds below.
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ITEM NUMBER: C-2
DATE: 09/28/21
Q2. What
things big
and small
would make
Atascadero
better?
Q3. The City has promised to spend
some of these funds on expenses
that have been put off a long time.
Which of these do you think are the
most important and which could be
delayed a little longer?
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ITEM NUMBER: C-2
DATE: 09/28/21
Q4. If the City spent the D-20 funds perfectly, what would success look like as part
of the development of Measure D-20?
The need to provide professional, time and cost effective services to the community lead
Council to adopt “Staffing” as a key focus area in the 2021-2023 action plan. The action
plan includes:
Key Focus Area: Staffing
Notes to consider
Hire, Grow and Retain
o Salary
o Training/development
o Hire for heart (consider local)
o Resources and support for staff
Need a sufficient number of staff and capacity to achieve our priorities
Optimization of processes
Year 1-2 Action Items
Hire and retain an adequate number of staff to achieve our priorities
Complete an essentialism evaluation of each department
Page 114 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
Provide competitive salaries/benefits and appropriate classifications for all
employees
Provide opportunities for employee growth & succession
Explore other retention and attraction strategies
Provide training and professional development opportunities
Hire for heart
Encourage growth and development of local workforce
o Expand PD explorer program
Explore a wider City employee recognition/commendation program
Work to insure that employees have the tools necessary to do their job
Beyond Year 2 Action Items
Create a long-term strategy to keep employee salaries and benefits competitive
o Continue to maintain and look for opportunities to enhance other hiring,
retention employee growth and development programs
Create a long-term plan for staffing based on projected changes to workload as
community grows/demands change
The labor agreement changes reflect the need to pay all positions in the City competitive
wages in order to retain and attract professional employees dedicated to providing
effective, cost efficient and premier services to the community. Negotiations with each of
the bargaining units have concluded and outlined below are the changes to each of the labor
agreements.
Fire MOU:
Three Year Agreement
Effective July 1, 2021:
o All Employees covered by the MOU shall receive a 5% salary increase; and
o Removed Haz Mat Specialist 2% pay: and
o Added Specialist I and Specialist II assignments and pay; and
o Added language and pay for medical treatments related to on-the-job injuries
that are during scheduled work hours; and
o Added a 457 contribution for employees that have been with the City for 10
years or more. $50 per year of service will be deposited into the employee’s
457 account; and
o Increased the amount of vacation for employees that have been with the City
for 15 years or more to 10.26 shifts per year, and for employees that have 20
years or more with the City to 11.20 shifts per year (similar to existing
language in other bargaining units); and
o Increased term life insurance coverage to $50,000; and
o Added language agreeing to administer, at no cost to the City, a Retiree
Medical Expense Reimbursement Plan;
o Added other minor amendments.
Effective July 1, 2022:
o All Employees covered by the MOU shall receive a 4% salary increase
o Increased the 457 contribution for employees that have been with the City for
10 years or longer to $100 per year of service.
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ITEM NUMBER: C-2
DATE: 09/28/21
Effective July 1, 2023:
o All Employees covered by the MOU shall receive a 3.5% salary increase
Police MOU:
Three Year Agreement
Effective July 1, 2021:
o All Employees covered by the MOU shall receive a 5% salary increase; and
o Identified positions will receive additional adjustments ranging from 2.5% to
12.5% based on much below the average pay in the County is for that position;
and
o Added a 457 contribution for employees that have been with the City for 10
years or more. $50 per year of service will be deposited into the employee’s
457 account; and
o Changed incentive pay to include a 50/50 matching reimbursement for gym
and fitness training costs; and
o Added language providing police recruit academy housing reimbursement up
to $600 per month for duration of participation in the POST Academy
o Added language providing up to four counseling sessions per year for each
employee.
Effective July 1, 2022:
o All Employees covered by the MOU shall receive a 5% salary increase
o Increased the 457 contribution for employees that have been with the City for
10 years or longer to $100 per year of service.
Effective July 1, 2023:
o All Employees covered by the MOU shall receive a 5% salary increase
Mid-Management MOU:
Three Year Agreement
Effective July 1, 2021:
o All Employees covered by the MOU shall receive a 5% salary increase; and
o Identified positions will receive additional adjustments ranging from 2.5% to
10.0% based on much below the average pay in the County is for that position;
and
o Added a 457 contribution for employees that have been with the City for 10
years or more. $50 per year of service will be deposited into the employee’s
457 account; and
Effective July 1, 2022:
o All Employees covered by the MOU shall receive a 4% salary increase
o Increased the 457 contribution for employees that have been with the City for
10 years or longer to $100 per year of service.
Effective July 1, 2023:
o All Employees covered by the MOU shall receive a 3.5% salary increase
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ITEM NUMBER: C-2
DATE: 09/28/21
Management and Confidential Resolution:
Three Year Agreement
Effective July 1, 2021:
o All Employees covered by the MOU shall receive a 5% salary increase; and
o Identified positions will receive additional adjustments ranging from 2.5% to
10.0%; and
o Added a 457 contribution for employees that have been with the City for 10
years or more. $50 per year of service will be deposited into the employee’s
457 account; and
Effective July 1, 2022:
o All Employees covered by the MOU shall receive a 4% salary increase
o Increased the 457 contribution for employees that have been with the City for
10 years or longer to $100 per year of service.
Effective July 1, 2023:
o All Employees covered by the MOU shall receive a 3.5% salary increase
City Manager Contract:
Effective July 1, 2021:
o Reduced auto allowance by $200 per month; and
o Reduced City contribution to 457 plan by $1,000 per month; and
o Eliminated selected other reimbursements; and
o Other clarifications and minor changes;
o Note: The City Manager does receive increases as outlined in the
management and confidential MOU.
SEIU Side Letter:
SEIU entered into an MOU in July 2021. This side letter distributes the inequity
adjustment included in the July 2021 MOU along with other changes.
Effective July 1, 2021:
o All Employees covered by the MOU shall receive a 5% salary increase
(changed from 4.5%); and
o Identified positions will receive additional adjustments ranging from 2.5% to
10.0%; and
o Added a 457 contribution for employees that have been with the City for 10
years or more as part of the MOU adoption in July 2021. $50 per year of
service will be deposited into the employee’s 457 account.
Effective July 1, 2022:
o All Employees covered by the MOU shall receive a 4% salary increase
(changed from 3.75%); and
o Increased the 457 contribution for employees that have been with the City for
10 years or longer to $100 per year of service as part of the MOU adoption in
July 2021.
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ITEM NUMBER: C-2
DATE: 09/28/21
No change to MOU for Fiscal Year 2023-2024. All Employees covered by the MOU
shall receive a 3.5% salary increase.
CalPERS requires the City to adopt a current salary schedule. The attached salary schedule
(Attachment 7) reflects the changes proposed in the MOUs being considered tonight, along
with changes from the SEIU MOU adopted in July.
FISCAL IMPACT:
For Fiscal year 2021-2022, it is estimated that catch-up salary adjustments will cost
approximately $1.5 million. Each of the additional years is expected to cost an additional
$650,000 - $700,000.
ATTACHMENTS:
1. Memorandum of Understanding for Atascadero Police Association
2. Memorandum of Understanding for Atascadero Professional Firefighters Local 3600
3. Memorandum of Understanding Mid-Management/Professional Employees
4. Side Letter of Agreement for Local 620Service Employees International Union
5. Draft Resolution for Non-Represented Professional and Management Workers and
Confidential Employees
6. City Manager Employment Agreement Amendment
7. Citywide Salary Schedules for 2021-2022, 2022-2023 and 2023-2024
Page 118 of 216
APA MOU 2018-20202021-2024 Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ATASCADERO POLICE ASSOCIATION
AND
CITY OF ATASCADERO
JULY 1, 2018 2021 THROUGH JUNE 30, 20202024
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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APA MOU 2018-20202021-2024 Page 2
ARTICLE I - GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding is made and entered into between the City of Atascadero,
hereinafter referred to as the “City” and the Atascadero Police Association, hereinafter referred to
as the “Association” pursuant to California Government Code Section 3500, et seq. and the City's
Employer - Employee Relations Policy. The purpose of this Memorandum of Understanding
(MOU) is the establishment of wages, hours and other terms and conditions of employment.
The City and Association agree that the provisions of this MOU shall be applied equally to all
employees covered herein without favor or discrimination because of race, creed, color, sex, age,
national origin, political or religious affiliations or association memberships. Whenever the
masculine gender is used in this MOU, it shall be understood to include the feminine gender.
SECTION 1.2 RECOGNITION
a. The City of Atascadero recognizes the Association as the recognized and exclusive
representative for the following positions:
Police Officer Classification
Police Officer
Police Officer – Intermediate POST
Police Officer – Advanced POST
Police Corporal Classification
Police Corporal
Police Corporal – Intermediate POST
Police Corporal – Advanced POST
Police Sergeant Classification
Police Sergeant
Police Sergeant – Advanced POST
Police Sergeant – Supervisory POST
Property Evidence Specialist Classification
Property Evidence Specialist
Property Evidence Specialist – EMD
Senior Property Evidence Specialist
Senior Property Evidence Specialist - EMD
Support Services Classification
Police Lead Records Technician
Public Safety Dispatcher
Public Safety Dispatcher - EMD
Public Safety Lead Dispatcher
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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APA MOU 2018-20202021-2024 Page 3
Public Safety Lead Dispatcher -– EMD
Support Services Supervisor
Support Services Supervisor -
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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APA MOU 2018-20202021-2024 Page 4
Other Classifications
Police Officer- Recruit
Community Services Officer
Code Enforcement Officer
For purposes of this MOU, positions with a POST or EMD designation are hereinafter included
in any reference to Police Officer, Police Corporal, Police Sergeant, Property Evidence
Specialist, Senior Property Evidence Specialist, Public Safety Dispatcher, and Public Safety
Lead Dispatcher. and Public Safety Dispatch Supervisor.
b. This recognition is exclusive of management employees and temporary employees.
c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all
matters relating to the scope of representation under the Meyers-Milias-Brown Act
(Government Code Section 3500, et seq.), and as provided under the City's Employer -
Employee Relations Policy.
SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or
unenforceable by reason of any existing or subsequently enacted constitutional or legislative
provision shall be severed, and all other provisions of the Agreement shall remain in full force
and effect for the duration of the Agreement.
b. In the event that any provision of the MOU should be found invalid, unconstitutional, unlawful
or unenforceable, the City and the Association agree to meet and confer in a timely manner in
an attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed
provision of the Agreement and shall not in any way modify or impact the remaining provisions
of the existing MOU.
SECTION 1.4 SOLE AGREEMENTS
a. The City and the Association agree that to the extent that any provision addressing wages,
hours, and terms and conditions of employment negotiable under the Meyers-Milias-Brown
Act found outside this MOU and are in conflict thereof, this MOU shall prevail.
b. If, during the term of the MOU, the parties should mutually agree to modify, amend, or alter
the provisions of this MOU in any respect, any such change shall be effective only if and when
reduced to writing and executed by the authorized representatives of the City and the
Association. Any such changes validly made shall become part of this MOU and subject to its
terms.
SECTION 1.5 FULL FORCES AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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APA MOU 2018-20202021-2024 Page 5
bargaining under the Meyers-Milias-Brown Act, including those set in this MOU, shall remain
in full force and effect during the term of this MOU unless changed by mutual agreement.
b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the
Association.
ARTICLE II - RESPECTIVE RIGHTS
SECTION 2.1 ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:
a. Reasonable advance notice of any City ordinance, rule, resolution, or regulation directly
relating to matters within the scope of representation proposed to be adopted by the City
Council.
b. Reasonable use of one bulletin board at the Atascadero Police Department.
c. The right to payroll deductions made for payments or organization dues and for City approved
programs.
d. The use of City facilities for regular, normal and lawful Association activities, providing that
approval of the City Manager or his/her designee has been obtained.
e. Reasonable access to employee work locations for officers of the Association and their
officially designated representatives for the purpose of processing grievances or contacting
members of the organization concerning business within the scope of representation. Access
shall be restricted so as not to interfere with the normal operations of any department or with
established safety or security requirements.
SECTION 2.2 CITY RIGHTS
a. The authority of the City includes, but is not limited to, the exclusive right to determine the
standards of service; determine the procedures and standards of selection for employment and
promotion; direct its employees; take disciplinary action for "just cause"; relieve its employees
from duty because of lack of work or for other legitimate reason; maintain the efficiency of
governmental operations; determine the methods, staffing and personnel by which
governmental operations are to be conducted; determine the content of job classifications; take
all necessary actions to carry out its mission in emergencies; exercise complete control and
discretion over its organizations and the technology of performing its work provided, however,
that the exercise and retention of such rights does not preclude employees or their
representatives from consulting or raising grievances over the consequences or impact that
decisions on these matters may have on wage, hours and other terms of employment.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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APA MOU 2018-20202021-2024 Page 6
SECTION 2.3 PEACEFUL PERFORMANCE
a. The parties to this MOU recognize and acknowledge that the services performed by the City
employees covered by this Agreement are essential to the public health, safety and general
welfare of the residents of the City of Atascadero. Association agrees that under no
circumstances will the Association recommend, encourage, cause or promote its members to
initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-
down, stay-in, sick-out, slow-down, or picketing (hereinafter collectively referred to as ”work-
stoppage”) in any office or department of the City, nor to curtail any work or restrict any
production, or interfere with any operation of the City. In the event of any such work stoppage
by any member of the bargaining unit, the City shall not be required to negotiate on the merits
of any dispute which may have risen to such work stoppage until said work stop page has
ceased.
b. In the event of any work stoppage during the term of this MOU, whether by the Association
or by any member of the bargaining unit, the Association by its officers, shall immediately
declare in writing and publicize that such work stoppage is illegal and unauthorized, and further
direct its members in writing to cease the said conduct and resume work. Copies of such
written notices shall be served upon the City. If in the event of any work stoppage the
Association promptly and in good faith performs the obligations of this paragraph, and
providing the Association has not otherwise authorized, permitted or encouraged such work
stoppage, the Association shall not be liable for any damages caused by the violation of this
provision. However, the City shall have the right to discipline, up to and including discharge,
any employee who instigates, participates in, or gives leadership to, any work stoppage activity
herein prohibited, and the City shall also have the right to seek full legal redress, including
damages, against any such employees.
ARTICLE III - HOURS OF WORK AND OVERTIME
SECTION 3.1 HOURS OF WORK
a. Work Period
In general, employees shall be scheduled to work consecutive days on and consecutive days
off. Work schedule changes (e.g., from 5/8 to 4/10, 3/12 or 9/80) require a 30 -day notice by
the Chief of Police or their designee or the Association. Either party may request a change in
work schedules by written notification at least thirty (30) days in advance of proposed changes.
The normal work period, pursuant to Section 207 (k) of the Fair Labor Standards Act, shall be
fourteen (14) days. All hours worked in excess of the employee’s regularly recurring 80-hour
biweekly work schedule shall be paid at the overtime rate of one and one-half the employee’s
regular rate of pay.
b. Mealtime
Mealtime for shift employees is thirty (30) minutes of paid time.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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APA MOU 2018-20202021-2024 Page 7
c. Mealtime Call-out for Shift Employees
Mealtime may be taken during the shift if the workload permits and as authorized and
scheduled by the shift supervisor. Shift employees receive mealtime as paid time, and therefore
shift employee shall be subject to call out during mealtime.
d. Rest Periods
Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each
four- (4) hours worked. Rest periods are not to be construed as mealtime. Insofar as practical,
rest periods shall be in the middle of each work period. Rest periods cannot be used in
conjunction with a meal periods, nor may rest periods be taken during the employee’s first or
last scheduled hour of work.
e. Missed Rest Periods and Mealtime
Rest periods are paid time; therefore nothing in this section provides for or implies any
additional compensation or benefits if a rest period is not taken. Mealtime is paid time,
therefore nothing in this section provides for or implies any additional compensation or benefit
if a meal period is not completed or taken.
f. Medical Attention for On-the-Job Injuries
Employees shall make reasonable attempts to schedule all medical treatment related to on-the-
job injuries during non-scheduled work hours. Medical treatment for on-the-job injuries that
are required during scheduled work hours shall be paid time. Medical appointments during
normal scheduled work hours should be coordinated with the employee’s supervisor so the
best interests of the department are maintained. At no point will the employee be compensated
for medical appointments that are not during his/her normal work shift; nor will employees
receive overtime for attending medical appointments.
g. Definition of Shift Employees
Shift employees that are assigned to positions in which duties are performed on a twenty-four
(24) hour day, seven (7) days a week basis shall include all classifications identified Section
1.2 of this MOU.
h. Shift Trade
Employees of equal rank will be allowed to trade shifts from time to time as long as the
following criteria are met:
1. The trade does not adversely impact the Department's operating needs.
2. The trade does not result in the payment of overtime to the trading employees.
3. The trade is by mutual consent of the employees involved.
4. The trade request must be submitted in writing to the employees supervisor, signed by both
employees and approved by the Police Chief or his/her designee.
5. The trade days occur within the same pay period.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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APA MOU 2018-20202021-2024 Page 8
SECTION 3.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay.
All overtime shall be recorded and paid in the following manner:
1 to 15 minutes, overtime compensation – ¼ hour
16 to 30 minutes, overtime compensation – ½ hour
31 to 45 minutes, overtime compensation – ¾ hour
46 to 60 minutes, overtime compensation – 1 hour
b. Hours Paid
Paid time off shall be considered time worked for overtime purposes.
c. Compensatory Time (CT)
Notwithstanding the provisions of this section, employees may be granted CT for overtime
credit computed at time and one-half at the mutual convenience of the Police Department and
the employee. Employees may accumulate a maximum of one hundred and twenty (120) hours
in their CT account.
d. Scheduling Compensatory Time
Requests to use CT shall be granted with due regard for operational necessity such as staffing
levels.
e. Schools/Training/Qualifications/Department Meetings
Overtime for Police Officers, Police Corporals or Police Sergeants as the result of Department-
wide training and meetings authorized by the Chief of Police will be compensated at the time
and one-half overtime rate.
Hours traveling, studying, or evening classes shall be paid in accordance with all FLSA
provisions.
Travel time for mandatory or department assigned travel events shall be compensated as
follows:
When an employee is required to travel outside of San Luis Obispo County, the employee
will be compensated for their time spent in travel as paid time. Time spent in travel shall
be measured by the difference in the time normally required to travel between the
employee’s home and the regularly assigned workplace and the time between home and
the temporary worksite. Whenever possible the employee’s work schedule should be
adjusted within the two week work period to accommodate this travel time as straight paid
time. Any time spent in travel in excess of the 80 hours shall be compensated as overtime.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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Travel time for employee-requested, promotional or other voluntary training shall be
compensated as follows:
When an employee is required to travel outside of San Luis Obispo County, the employee
may be compensated for their time spent in travel as paid time when the travel time can be
accommodated within the employee’s 80 hour work-period. Time spent in travel shall be
measured by the difference in the time normally required to travel between the employee’s
home and the regularly assigned workplace and the time between home and the temporary
worksite. When it meets the needs of the department, the employee’s work schedule should
be adjusted within the two week work period to accommodate this travel time as straigh t
paid time. Any time spent in travel for voluntary training in excess of the 80 hour two
week work period shall not be compensated.
SECTION 3.3 CALLBACK PAY
Employees who are called to duty at a time they are not working shall be compensated a minimum
compensation of two (2) hours at time and one-half rate of pay.
SECTION 3.4 COURT TIME/STANDBY TIME
a. Employees assigned standby duty shall receive fifty dollars ($50.00) for each day of standby
duty. A day is defined as a 24 hour period.
b. Employees placed on standby by the court at a time they are not working shall be compensated
at the rate of two (2) hours straight time compensation for every four (4) hours of actual time
in standby assignment, prorated for more or less than four hours. Minimum compensation will
be for one (1) hour of straight time.
c. Employees responding to work from standby shall receive a minimum of two hours pay at
straight time. Employees working in excess of one hour and twenty minutes once called back
shall receive time and one-half pay for hours worked in excess of one hour and twenty minutes,
or two hours straight time, whichever is greater.
d. The Chief of Police may place employees on standby status. Standby duty shall not be
considered as hours worked for the purpose of computing overtime.
e. Employees on standby status shall provide the Public Safety Dispatcher or their designee with
a telephone number where he/she can be reached directly; and be able to respond to the
predetermined duty assignment within one hour from the time of notification.
ARTICLE IV - PAY PROVISIONS
SECTION 4.1 SALARY
This one (1) year agreement shall provide no salary increases. The following monthly salaries are
effective July 1, 2020:
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Community Services Officer 3,448.42$ 3,620.84$ 3,801.88$ 3,991.97$ 4,191.57$
Police Records Technician 3,620.84$ 3,801.88$ 3,991.97$ 4,191.57$ 4,401.15$
Police Officer Recruit 4,293.79$ -$ -$ -$ -$
Public Safety Dispatcher 4,293.79$ 4,508.48$ 4,733.90$ 4,970.60$ 5,219.13$
Public Safety Dispatcher - EMD 4,343.79$ 4,560.98$ 4,789.03$ 5,028.48$ 5,279.90$
Public Safety Dispatcher w/Longevity 4,508.48$ 4,733.90$ 4,970.60$ 5,219.13$ 5,480.09$
Public Safety Dispatcher - EMD
with Longevity 4,558.48$ 4,786.40$ 5,025.72$ 5,277.01$ 5,540.86$
Code Enforcement Officer 4,401.15$ 4,621.21$ 4,852.27$ 5,094.88$ 5,349.62$
Police Records Lead Technician 4,621.21$ 4,852.27$ 5,094.88$ 5,349.62$ 5,617.10$
Public Safety Lead Dispatcher 4,621.21$ 4,852.27$ 5,094.88$ 5,349.62$ 5,617.10$
Public Safety Lead Dispatcher
- EMD 4,671.21$ 4,904.77$ 5,150.01$ 5,407.51$ 5,677.89$
Public Safety Lead Dispatcher
w/ Longevity 4,852.27$ 5,094.88$ 5,349.62$ 5,617.10$ 5,897.96$
Public Safety Lead Dispatcher
- EMD with Longevity 4,902.27$ 5,147.38$ 5,404.75$ 5,674.99$ 5,958.74$
Property Evidence Specialist 4,733.90$ 4,970.60$ 5,219.13$ 5,480.09$ 5,754.09$
Property Evidence Specialist - EMD 4,783.90$ 5,023.10$ 5,274.26$ 5,537.97$ 5,814.87$
Property Evidence Specialist
w/Longevity 4,970.60$ 5,219.13$ 5,480.09$ 5,754.09$ 6,041.79$
Property Evidence Specialist
- EMD with Longevity 5,020.60$ 5,271.63$ 5,535.21$ 5,811.97$ 6,102.57$
Senior Property Evidence Specialist 5,480.08$ 5,754.09$ 6,041.80$ 6,343.89$ 6,661.08$
Senior Property Evidence Specialist - EMD 5,530.08$ 5,806.59$ 6,096.92$ 6,401.77$ 6,721.86$
Senior Property Evidence Specialist
w/Longevity 5,754.09$ 6,041.79$ 6,343.88$ 6,661.07$ 6,994.12$
Senior Property Evidence Specialist
- EMD with Longevity 5,804.09$ 6,094.29$ 6,399.00$ 6,718.95$ 7,054.90$
Public Safety Dispatch Supervisor 5,754.09$ 6,041.79$ 6,343.88$ 6,661.07$ 6,994.12$
Public Safety Dispatch Supervisor - EMD 5,804.09$ 6,094.29$ 6,399.00$ 6,718.95$ 7,054.90$
Public Safety Dispatch Supervisor
w/Longevity 6,041.79$ 6,343.88$ 6,661.07$ 6,994.12$ 7,343.83$
Public Safety Dispatch Supervisor - EMD
with Longevity 6,091.79$ 6,396.38$ 6,716.20$ 7,052.01$ 7,404.61$
Police Officer 5,506.18$ 5,781.49$ 6,070.56$ 6,374.09$ 6,692.79$
Police Officer - Intermediate POST 5,643.83$ 5,926.02$ 6,222.32$ 6,533.44$ 6,860.11$
Police Officer - Advanced POST 5,781.49$ 6,070.56$ 6,374.09$ 6,692.79$ 7,027.43$
Police Level 3 Reserve Officer 5,506.18$ 5,781.49$ n/a n/a n/a
Police Corporal 6,070.56$ 6,374.09$ 6,692.79$ 7,027.43$ 7,378.80$
Police Corporal - Intermediate POST 6,222.33$ 6,533.45$ 6,860.12$ 7,203.13$ 7,563.29$
Police Corporal- Advanced POST 6,374.09$ 6,692.79$ 7,027.43$ 7,378.80$ 7,747.74$
Police Sergeant 6,893.73$ 7,238.42$ 7,600.34$ 7,980.36$ 8,379.38$
Police Sergeant - Advanced POST 7,066.07$ 7,419.37$ 7,790.34$ 8,179.86$ 8,588.85$
Police Sergeant - Supervisory POST 7,238.42$ 7,600.34$ 7,980.36$ 8,379.38$ 8,798.35$
MONTHLY SALARY
Effective July 1, 2020
Year 1- Effective July 1, 2021, all employees covered under this MOU shall receive a 5.0% (five
point zero percent) COLA salary increase to base salary. The City understands and appreciates
the need to retain our quality employees and the City acknowledges that the wages paid for certain
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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positions are below the comparable wages for other cities within the County. Because the City
hopes to increase retention and attraction of professional employees, the following inequity
adjustments will be made:
a. The following position will receive a 2.5% (two point five percent) inequity adjustment to
base salary in addition to the COLA salary increase above:
Support Services Classification
Lead Records Technician
b. The following positions will receive a 7.5% (seven point five percent) inequity adjustment
to base salary in addition to the COLA salary increase above:
Police Officer Classification
Police Officer
Police Officer – Intermediate POST
Police Officer – Advanced POST
Police Corporal Classification
Police Corporal
Police Corporal – Intermediate POST
Police Corporal – Advanced POST
Support Services Classification
Public Safety Dispatcher
Public Safety Dispatcher - EMD
Other Classifications
Police Officer- Recruit
Code Enforcement Officer
c. The following positions will receive a 10.0% (ten point zero percent) inequity adjustment
to base salary in addition to the COLA salary increase above:
Police Sergeant Classification
Police Sergeant
Police Sergeant – Advanced POST
Police Sergeant – Supervisory POST
Support Services Classification
Public Safety Lead Dispatcher
Public Safety Lead Dispatcher – EMD
Other Classifications
Community Services Officer
d. The following position will receive a 12.5% (twelve point five percent) inequity adjustment
to base salary in addition to the COLA salary increase above:
Property Evidence Specialist Classification
Senior Property Evidence Specialist
Senior Property Evidence Specialist – EMD
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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The following monthly salaries are effective July 1, 20182021:
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Code Enforcement Officer 4,967.80$ 5,216.19$ 5,477.00$ 5,750.85$ 6,038.39$
Community Services Officer 3,987.33$ 4,186.70$ 4,396.04$ 4,615.84$ 4,846.63$
Police Corporal 6,852.15$ 7,194.76$ 7,554.50$ 7,932.23$ 8,328.84$
Police Corporal - Intermediate POST 7,023.46$ 7,374.63$ 7,743.36$ 8,130.53$ 8,537.06$
Police Corporal- Advanced POST 7,194.76$ 7,554.50$ 7,932.23$ 8,328.84$ 8,745.28$
Police Lead Records Technician 4,967.80$ 5,216.19$ 5,477.00$ 5,750.85$ 6,038.39$
Police Level 3 Reserve Officer 6,215.10$ 6,525.86$ n/a n/a n/a
Police Officer 6,215.10$ 6,525.86$ 6,852.15$ 7,194.76$ 7,554.50$
Police Officer - Intermediate POST 6,370.48$ 6,689.00$ 7,023.45$ 7,374.62$ 7,743.35$
Police Officer - Advanced POST 6,525.86$ 6,852.15$ 7,194.76$ 7,554.50$ 7,932.23$
Police Officer Recruit 4,846.63$ -$ -$ -$ -$
Police Sergeant 7,962.26$ 8,360.37$ 8,778.39$ 9,217.31$ 9,678.18$
Police Sergeant - Advanced POST 8,161.32$ 8,569.39$ 8,997.86$ 9,447.75$ 9,920.14$
Police Sergeant - Supervisory POST 8,360.37$ 8,778.39$ 9,217.31$ 9,678.18$ 10,162.09$
Public Safety Dispatcher 4,846.63$ 5,088.96$ 5,343.41$ 5,610.58$ 5,891.11$
Public Safety Dispatcher - EMD 4,896.63$ 5,141.46$ 5,398.54$ 5,668.47$ 5,951.89$
Public Safety Dispatcher w/Longevity 5,088.96$ 5,343.41$ 5,610.58$ 5,891.11$ 6,185.67$
Public Safety Dispatcher - EMD w/Longevity 5,138.96$ 5,395.91$ 5,665.71$ 5,949.00$ 6,246.45$
Public Safety Lead Dispatcher 5,343.41$ 5,610.58$ 5,891.11$ 6,185.67$ 6,494.95$
Public Safety Lead Dispatcher - EMD 5,393.41$ 5,663.08$ 5,946.24$ 6,243.56$ 6,555.73$
Public Safety Lead Dispatcher w/Longevity 5,610.58$ 5,891.11$ 6,185.67$ 6,494.95$ 6,819.70$
Public Safety Lead Dispatcher - EMD
w/Longevity
5,660.58$ 5,943.61$ 6,240.80$ 6,552.84$ 6,880.48$
Senior Property Evidence Specialist 6,494.95$ 6,819.70$ 7,160.69$ 7,518.72$ 7,894.66$
Senior Property Evidence Specialist - EMD 6,544.95$ 6,872.20$ 7,215.82$ 7,576.61$ 7,955.44$
Senior Property Evidence Specialist
w/Longevity
6,819.70$ 7,160.69$ 7,518.72$ 7,894.66$ 8,289.39$
Senior Property Evidence Specialist - EMD
w/Longevity
6,869.70$ 7,213.19$ 7,573.85$ 7,952.55$ 8,350.17$
MONTHLY SALARY
Effective July 1, 2021
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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Year 2-
Effective July 1, 20192022 all employees covered under this MOU shall receive a 4.0% (four point
zero percent) COLA increase to base salary. Because the wages paid for certain positions are
below the comparable wages for other cities within the County, and because the City hopes to
increase retention and attraction of professional employees, an additional 1.0% (one point zero
percent) inequity adjustment, for a total of 5% (five point zero percent) will be made to base salary
for all employees covered under this MOU.
, the following classifications and positions covered under this MOU shall receive a 2.5%
salary increase: Police Sergeant Classification; Property Evidence Specialist
Classification; Support Services Classification; Police Officer- Recruit; and Code
Enforcement Officer.
Effective July 1, 2019, the following position covered under this MOU shall receive a
7.625% salary increase: Community Services Officer
Effective July 1, 2019, the following classifications covered under this MOU shall receive
a 2.0% salary increase: Police Officer Classification and Police Corporal Classification
The following monthly salaries are effective July 1, 20192022:
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Code Enforcement Officer 5,216.19$ 5,477.00$ 5,750.85$ 6,038.39$ 6,340.31$
Community Services Officer 4,186.70$ 4,396.04$ 4,615.84$ 4,846.63$ 5,088.96$
Police Corporal 7,194.76$ 7,554.50$ 7,932.23$ 8,328.84$ 8,745.28$
Police Corporal - Intermediate POST 7,374.63$ 7,743.36$ 8,130.53$ 8,537.06$ 8,963.91$
Police Corporal- Advanced POST 7,554.50$ 7,932.23$ 8,328.84$ 8,745.28$ 9,182.54$
Police Lead Records Technician 5,216.19$ 5,477.00$ 5,750.85$ 6,038.39$ 6,340.31$
Police Level 3 Reserve Officer 6,525.86$ 6,852.15$ n/a n/a n/a
Police Officer 6,525.86$ 6,852.15$ 7,194.76$ 7,554.50$ 7,932.23$
Police Officer - Intermediate POST 6,689.01$ 7,023.46$ 7,374.63$ 7,743.36$ 8,130.53$
Police Officer - Advanced POST 6,852.15$ 7,194.76$ 7,554.50$ 7,932.23$ 8,328.84$
Police Officer Recruit 5,088.96$ n/a n/a n/a n/a
Police Sergeant 8,360.37$ 8,778.39$ 9,217.31$ 9,678.18$ 10,162.09$
Police Sergeant - Advanced POST 8,569.38$ 8,997.85$ 9,447.74$ 9,920.13$ 10,416.14$
Police Sergeant - Supervisory POST 8,778.39$ 9,217.31$ 9,678.18$ 10,162.09$ 10,670.19$
Public Safety Dispatcher 5,088.96$ 5,343.41$ 5,610.58$ 5,891.11$ 6,185.67$
Public Safety Dispatcher - EMD 5,138.96$ 5,395.91$ 5,665.71$ 5,949.00$ 6,246.45$
Public Safety Dispatcher w/Longevity 5,343.41$ 5,610.58$ 5,891.11$ 6,185.67$ 6,494.95$
Public Safety Dispatcher - EMD w/Longevity 5,393.41$ 5,663.08$ 5,946.24$ 6,243.56$ 6,555.73$
Public Safety Lead Dispatcher 5,610.58$ 5,891.11$ 6,185.67$ 6,494.95$ 6,819.70$
Public Safety Lead Dispatcher - EMD 5,660.58$ 5,943.61$ 6,240.80$ 6,552.84$ 6,880.48$
Public Safety Lead Dispatcher w/Longevity 5,891.11$ 6,185.67$ 6,494.95$ 6,819.70$ 7,160.69$
Public Safety Lead Dispatcher - EMD
w/Longevity
5,941.11$ 6,238.17$ 6,550.08$ 6,877.59$ 7,221.47$
Senior Property Evidence Specialist 6,819.70$ 7,160.69$ 7,518.72$ 7,894.66$ 8,289.39$
Senior Property Evidence Specialist - EMD 6,869.70$ 7,213.19$ 7,573.85$ 7,952.55$ 8,350.17$
Senior Property Evidence Specialist
w/Longevity
7,160.69$ 7,518.72$ 7,894.66$ 8,289.39$ 8,703.86$
Senior Property Evidence Specialist - EMD
w/Longevity
7,210.69$ 7,571.22$ 7,949.79$ 8,347.28$ 8,764.64$
MONTHLY SALARY
Effective July 1, 2022
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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Year 3-
Effective July 1, 2023 all employees covered under this MOU shall receive a 3.5% (three point
five percent) COLA salary increase. Because the wages paid for certain positions are below the
comparable wages for other cities within the County, and because the City hopes to increase
retention and attraction of professional employees, an additional 1.5% (one point five percent)
inequity adjustment, for a total of 5% (five point zero percent) will be made to base salary for all
employees covered under this MOU.
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Code Enforcement Officer 5,477.00$ 5,750.85$ 6,038.39$ 6,340.31$ 6,657.33$
Community Services Officer 4,396.04$ 4,615.84$ 4,846.63$ 5,088.96$ 5,343.41$
Police Corporal 7,554.50$ 7,932.22$ 8,328.83$ 8,745.27$ 9,182.53$
Police Corporal - Intermediate POST 7,743.36$ 8,130.53$ 8,537.06$ 8,963.91$ 9,412.11$
Police Corporal- Advanced POST 7,932.22$ 8,328.83$ 8,745.27$ 9,182.53$ 9,641.66$
Police Lead Records Technician 5,477.00$ 5,750.85$ 6,038.39$ 6,340.31$ 6,657.33$
Police Level 3 Reserve Officer 6,852.15$ 7,194.76$ n/a n/a n/a
Police Officer 6,852.15$ 7,194.76$ 7,554.50$ 7,932.23$ 8,328.84$
Police Officer - Intermediate POST 7,023.45$ 7,374.62$ 7,743.35$ 8,130.52$ 8,537.05$
Police Officer - Advanced POST 7,194.76$ 7,554.50$ 7,932.23$ 8,328.84$ 8,745.28$
Police Officer Recruit 5,343.41$ n/a n/a n/a n/a
Police Sergeant 8,778.39$ 9,217.31$ 9,678.18$ 10,162.09$ 10,670.19$
Police Sergeant - Advanced POST 8,997.85$ 9,447.74$ 9,920.13$ 10,416.14$ 10,936.95$
Police Sergeant - Supervisory POST 9,217.31$ 9,678.18$ 10,162.09$ 10,670.19$ 11,203.70$
Public Safety Dispatcher 5,343.41$ 5,610.58$ 5,891.11$ 6,185.67$ 6,494.95$
Public Safety Dispatcher - EMD 5,393.41$ 5,663.08$ 5,946.24$ 6,243.56$ 6,555.73$
Public Safety Dispatcher w/Longevity 5,610.58$ 5,891.11$ 6,185.67$ 6,494.95$ 6,819.70$
Public Safety Dispatcher - EMD w/Longevity 5,660.58$ 5,943.61$ 6,240.80$ 6,552.84$ 6,880.48$
Public Safety Lead Dispatcher 5,891.11$ 6,185.67$ 6,494.95$ 6,819.70$ 7,160.69$
Public Safety Lead Dispatcher - EMD 5,941.11$ 6,238.17$ 6,550.08$ 6,877.59$ 7,221.47$
Public Safety Lead Dispatcher w/Longevity 6,185.67$ 6,494.95$ 6,819.70$ 7,160.69$ 7,518.72$
Public Safety Lead Dispatcher - EMD
w/Longevity
6,235.67$ 6,547.45$ 6,874.83$ 7,218.58$ 7,579.50$
Senior Property Evidence Specialist 7,160.69$ 7,518.72$ 7,894.66$ 8,289.39$ 8,703.86$
Senior Property Evidence Specialist - EMD 7,210.69$ 7,571.22$ 7,949.79$ 8,347.28$ 8,764.64$
Senior Property Evidence Specialist
w/Longevity
7,518.72$ 7,894.66$ 8,289.39$ 8,703.86$ 9,139.05$
Senior Property Evidence Specialist - EMD
w/Longevity
7,568.72$ 7,947.16$ 8,344.52$ 8,761.75$ 9,199.83$
MONTHLY SALARY
Effective July 1, 2023
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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a. Steps B, C, D, and E shall be paid upon completion of twelve months of employment at the
preceding step where the employee has demonstrated at least satisfactory job progress and
normally increasing productivity, and upon recommendation of the Department Head and
approval of the City Manager.
b. Police Officers and Police Corporals who possess a P.O.S.T. Intermediate Certificate shall
receive two and one-half percent (2½%) more in base salary than those positions within the
same classification without a P.O.S.T. Intermediate Certificate.
c. Police Officers and Police Corporals who possess a P.O.S.T. Advanced Certificate will receive
two and one-half percent (2½%) more in base salary than those positions within the same
classification without a P.O.S.T. Advanced Certificate, in addition to 4.1.b above.
d. Police Sergeants who possess a P.O.S.T. Advanced Certificate will receive two and one-half
percent (2½%) more in base salary than those positions within the same classification without
a P.O.S.T. Advanced Certificate.
e. Police Sergeants who possess a P.O.S.T. Supervisory Certificate will receive two and one-half
percent (2½%) more in base salary than those positions within the same classification without
a P.O.S.T. Supervisory Certificate, in addition to 4.1.d above.
f. Each Public Safety Dispatcher, Property Evidence Specialist, Senior Property Evidence
Specialist, or Public Safety Lead Dispatcher or Public Safety Dispatch Supervisor having the
Emergency Medical Dispatch (EMD) Certification will receive the following amounts more in
base salary per month than those positions within the same classification without an EMD
Certificate:
SECTION 4.2 INCENTIVE PAY
Employees shall be reimbursed up to a maximum of $1,600 per fiscal year for as follows:
a. Bbooks, tuition and related educational expenses for attending college or other
professional training, providing the coursework is job-related, and the employee
received a passing grade. Coursework description, proof of passing grade, receipts and
proof of payment are required for reimbursement. Hotels, airfare, meals, and other
travel related expenses are not eligible for reimbursement.
b. Gym and fitness memberships: The City will reimburse employees up to 50% of costs
to a maximum of $600 per fiscal year for gym memberships, fitness training classes,
jiu jitsu, other similar classes, or memberships as approved by the Chief of Police in
advance. Employee must submit membership or class description, receipts or other
proof of cost, and proof of employee payment in order to receive reimbursement. This
program is voluntary and employees will participate on their own time without
compensation from the City.
Step A Step B Step C Step D Step E
EMD Pay 50.00$ 52.50$ 55.13$ 57.89$ 60.78$
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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c. In no instance will an employee be reimbursed more than $1,600 for expenditures
incurred in any fiscal year.
d. Employee shall be responsible for any applicable federal, state or local taxes.
e. Based on title 2 of the California Code of Regulations Section 571, the health and
wellness reimbursement, will not be considered “Special Compensation”, will not be
reported to CalPERS as compensation and will not be considered as compensation
when calculating an employee’s retirement benefits. In the event that CalPERS at some
time in the future determines that the health and wellness reimbursement meets the
definition of “Special Compensation”, both parties agree to reopen negotiations related
to the financial impacts and implementation of this issue.
SECTION 4.3 CONTINUOUS SERVICE PAY
b. Employees in the Public Safety Dispatcher, Public Safety Lead Dispatcher, Property
Evidence Specialist, and Senior Property Evidence Specialist and Support Services Supervisor
classifications, after five years of continuous service in the classification and satisfactory or better
evaluations, shall receive five percent (5%) in additional pay to their base salary.
SECTION 4.4 RETIREMENT
CalPERS Sworn Safety Members (as defined by CalPERS)
a. Sworn Safety Member employees (as defined by CalPERS) are provided retirement
benefits through the California Public Employees Retirement System (CalPERS).
TIER 1
Sworn Safety Member employees including Police Officers, Police Corporals and Police
Sergeants hired on or before July 14, 2012 are provided benefits pursuant to the 3% @ 50
Benefit Formula (Government Code Section 21362.2), Final Compensation 1 Year (G.C.
Section 20042) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay
0% (zero percent) of the Sworn Safety Member employee contribution of 9% (nine
percent). Sworn Safety Member employees will pay the employee contribution of 9%
(nine percent).
TIER 2
Sworn Safety Member employees including Police Officers, Police Corporals and Police
Sergeants hired between July 14, 2012 and December 31, 2012, and Sworn Safety Member
employees hired on or after January 1, 2013 who meet the definition of a Classic Member
under CalPERS, are provided benefits pursuant to the 3% @ 55 Benefit Formula (G.C.
Section 21363.1), Final Compensation 3 Year (G.C. Section 20037) and Unused Sick
Leave Credit (G.C. Section 20965). The City will pay 0% (zero percent) of the Sworn
Safety Member employee contribution of 9% (nine percent). Sworn Safety Member
employees will pay the employee contribution of 9% (nine percent).
TIER 3
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA),
Sworn Safety Member employees including Police Officers, Police Corporals and Police
Sergeants hired on or after January 1, 2013 who meet the definition of a CalPERS new
member under PEPRA are provided benefits pursuant to the 2.7% @ 57 Benefit Formula
(G.C. Section 7522.25(d)) with Final Compensation 3 Year (G.C. Section 20037). The
Sworn Safety Member employee will pay a member contribution rate of 50% (fifty percent)
of the expected normal cost rate.
b. The CalPERS retirement for Sworn Safety Members (as defined by CalPERS) includes
Level Four (4) of the 1959 Survivor’s Benefit. The employees shall pay the monthly cost
of the benefit.
c. Employee contributions shall be contributed to CalPERS on a pre-tax basis.
CalPERS Non-Sworn Miscellaneous Members (as defined by CalPERS)
a. Non-Sworn Safety Member employees (as defined by CalPERS) are provided retirement
benefits through the California Public Employees Retirement System (CalPERS).
TIER 1
Non-sworn Miscellaneous Member employees including Police Records Technician,
Police Officer Recruit, Community Services Officer, Code Enforcement Officer, Public
Safety Dispatcher, Property Evidence Specialist, Senior Property Evidence Specialist,
Police Lead Records Technician, and Public Safety Lead Dispatcher and Public Safety
Dispatch Supervisor hired on or before July 14, 2012 are provided benefits pursuant to the
2.5% @ 55 Benefit Formula (Government Code Section 21354.4), Final Compensation 1
Year (G.C. Section 20042) and Unused Sick Leave Credit (G.C. Section 20965). The City
will pay 0% (zero percent) of the Non-sworn Miscellaneous Member employee
contribution of 8% (eight percent). Non-sworn Miscellaneous Member employees will
pay the employee contribution of 8% (eight percent).
TIER 2
Non-sworn Miscellaneous Member employees including Police Records Technician,
Police Officer Recruit, Community Services Officer, Code Enforcement Officer, Public
Safety Dispatcher, Property Evidence Specialist, Senior Property Evidence Specialist,
Police Lead Records Technician, and Public Safety Lead Dispatcher and Public Safety
Dispatch Supervisor hired between July 14, 2012 and December 31, 2012, and Non-sworn
Miscellaneous Member employees hired on or after January 1, 2013 who meet the
definition of a Classic Member under CalPERS, are provided benefits pursuant to the 2%
@ 55 Benefit Formula (G.C. Section 21354), Final Compensation 3 Year (G.C. Section
20037) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 0% (zero
percent) of the Non-sworn Miscellaneous Member employee contribution of 7% (seven
percent). Non-sworn Miscellaneous Member employees will pay the employee
contribution of 7% (seven percent).
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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TIER 3
Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA), Non-
sworn Miscellaneous Member employees including Police Records Technician, Police
Officer Recruit, Community Services Officer, Code Enforcement Officer, Pu blic Safety
Dispatcher, Property Evidence Specialist, Senior Property Evidence Specialist, Police Lead
Records Technician, and Public Safety Lead Dispatcher and Public Safety Dispatch
Supervisor hired on or after January 1, 2013 who meet the definition of a CalPERS new
member under PEPRA are provided benefits pursuant to 2% @ 62 Benefit Formula (G.C.
Section 7522.20) with Final Compensation 3 Year (G.C. Section 20037). The Non-sworn
Miscellaneous Member employee will pay a member contribution rate of 50% (fifty
percent) of the expected normal cost rate.
b. The City shall provide CalPERS the Post Retirement Survivor benefit for Miscellaneous
Members.
c. Employee contributions shall be contributed to CalPERS on a pre-tax basis.
SECTION 4.5 SICK LEAVE/STAY WELL PLAN
a. Sick leave accumulates at a rate of eight (8) hours per month. There is no limit to the
accumulation.
b. Employees with 384 or more hours of accumulated sick leave shall be eligible for the Stay
Well Bonus. The Stay Well Bonus will be implemented as follows:
1. The sick leave pay-off will occur during the 52-week period beginning the first day after
the second pay period in October and ending on the last day of the second pay period in
October of the following year after an employee has accumulated and maintained 384 hours
sick leave.
2. Once the eligibility requirements have been met, an employee may opt to receive a pay-off
equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment
is 95.94 hours).
3. Checks will be prepared by December 15 of each year.
c. In any calendar year, up to 16 hours of sick leave may be used for personal reasons without
explanation. These hours are not intended as vacation time and may not be used to extend
vacations.
d. An employee may use in any calendar year accrued sick leave, up to the amount earned during
twelve (12) months employment, to attend to the illness of the following family members:
1. The employee’s child (including biological, foster, or adopted child, a stepchild, a legal
ward, a child of a domestic partner, or a child of a person standing in loco parentis).
2. The employee’s parent (including biological, foster, or adoptive parent, a stepparent, or a
legal guardian).
3. The employee’s spouse or domestic partner.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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If the employee is performing satisfactorily and the employee’s workload would not be
negatively impacted, the Department Head may approve additional time off, up to the amount
earned during three (3) months of employment, for Family Care.
Family Care leave may also qualify for protection under the FMLA and/or CFRA, and any
Family Care leave granted under this section shall run concurrently with FMLA and/or CFRA
leave. FMLA/CFRA leave is addressed in a separate City policy.
SECTION 4.6 VACATION LEAVE
a. Employees shall be entitled to vacation leave consistent with the City of Atascadero Personnel
System Rules.
b. In addition to the vacation leave accrued as outlined in Section 15.2 B of the City of Atascadero
Personnel System Rules, employees shall receive:
An additional two days of vacation annually upon completing 15 years of service
for a total accrual of 22 days per year or 6.77 hours per pay period; and
Two more days of vacation annually upon completing 20 years of service for a total
accrual of 24 days per year or 7.38 hours per pay period.
SECTION 4.7 HOLIDAYS
a. Employees shall receive twelve (12) holidays per calendar year. Said holidays shall be earned
in eight (8) hour increments on the 1st day of the first full pay period of each month.
b. Employees may elect one of the following options with regards to holidays:
1. Hours as Earned: Employees may elect to receive eight hours of holiday time on the 1st
day of the first full pay period of each month. This shall be the default option if employees
do not select another method of receipt.
2. Paid as Earned: Employees may elect to be paid for eight hours of holiday time as it is
earned on the first full pay period of each month
3. Front Loading Hours: Employees may elect to front load their holiday time and be
credited with 96 hours of holiday time on the 1st day of the first full pay period in January.
Employees who choose this option for front loading will still earn their holiday time in 8
hour increments on the 1st day of the first full pay period of each month. Employees
choosing this option who terminate employment during the year shall pay the City back for
any hours used but not earned, and will not receive pay for hours credited but not earned.
To be eligible for this option an employee must:
Sign an agreement with the City of Atascadero acknowledging that the employee
is liable for any funds owed to the City upon termination and authorizing a payroll
deduction allowing the City to deduct any amounts owed from the employee’s final
check; and
Be employed by the City on the last day of the first full pay period in January; and
Work (not in a paid leave status) for at least one day during the first full pay period
in January; and
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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Receive City Manager approval if they are a probationary employee.
c. Holidays must be used within the calendar year. Employees may take holiday time off
consistent with the scheduling needs of the City and subject to approval of the Chief of Police.
d. Employees shall be allowed to accrue holiday hours prior to required payoff.
e. Employees who have not used their accrued holiday time by December 31st, will be paid for
all accrued holiday hours, no later than the second payday of January.
f. Employees may elect to apply the value of accrued holiday hours to their deferred
compensation account. Election forms must be completed and received no later than
December 31st, to be processed no later than the second payday of January.
SECTION 4.8 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the July 2012 City of Atascadero
Personnel System Rules.
The City shall provide up to twenty-four (24) hours of paid bereavement leave for bereavement
purposes. Bereavement purposes include (1) the death of a member of the employee’s immediate
family, and (2) the critical illness of a member of the employee’s immediate family where death
appears to be imminent. The amount of bereavement leave provided under this section is twenty
four (24) hours per family member.
The employee may be required to submit proof of a relative's death or critical illness before final
approval of leave is granted.
For purposes of this section, “immediate family” means: spouse or domestic partner, parent
(including biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent,
grandchild, child (including biological, foster, or adopted child, a stepchild, a legal ward, a child
of a domestic partner, or a child of a person standing in loco parentis), brother, sister, aunt, uncle,
son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law or
significant other.
Twenty-four (24) hours of the paid absence shall be considered "bereavement leave", and any
remaining time shall be from other paid time off available to the employee.
When an employee has exhausted the bereavement leave provided in this section, the employee
may submit a request to his/her Department Head and request additional time off work. If
approved, the employee must use their other accrued paid leave. The employee may elect which
accrued paid leave he/she shall use during the additional leave. However, the employee may not
use more than forty (40) hours of accrued sick leave for bereavement purposes. If the additional
leave approved by the Department Head is longer than forty (40) hours, the employee is required
to use accrued paid leave other than sick leave.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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SECTION 4.9 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law. All
employees entitled to military leave shall give the appointing power an opportunity within the
limits of military regulations to determine when such leave shall be taken.
SECTION 4.10 OUT-OF-CLASS PAY
Employees who are assigned to work out of class for fifteen (15) or more consecutive days shall
receive five percent (5%) of current base salary in addition to regular salary in accordance with
Personnel System Rules Section 4.10.
SECTION 4.11 CANINE HANDLER PAY
The time spent by a canine handler in the care, grooming and feeding of his/her assigned police
dog shall be hours worked payable at the time and one-half overtime rate per hour of the handler.
It is agreed that canine handlers normally spend 7 hours per biweekly pay period performing such
work and written authorization from the Police Chief must be obtained to perform such work for
more than 7 hours. Such hours worked shall not be interpreted to be (1) shift extension, (2)
callback to work, or (3) scheduled work performed in excess of the regular shift for overtime
purposes.
SECTION 4.12 FIELD TRAINING OFFICER INCENTIVE PAY
a. Police Officers assigned to act in the capacity of Field Training Officer shall be compensated
at the rate of $.87 per hour, not to exceed $150.00 per month. Compensation shall be provided
only for hours actually spent serving in the capacity of Field Training Officer.
b. Public Safety Dispatchers assigned to act as a trainer of a newly hired employee shall be
compensated at the rate of $.87 per hour not to exceed $150.00 per month. Compensation shall
be paid only for hours actually spent serving in the capacity of a trainer.
c. Compensation shall be provided only when the Chief of Police or designee has specifically
authorized the assignment.
SECTION 4.13 ACTING WATCH COMMANDER PAY
a. Each Police Officer assigned as Acting Watch Commander will receive $1.00 per hour for
each hour worked in the capacity of Acting Watch Commander as compensation for additional
responsibility.
SECTION 4.14 BILINGUAL PAY
The City shall pay an additional 2.5% of salary to those employees who are able to speak one of the
top two non-English languages as defined by the U.S. Census. A testing mechanism mutually agreed
to by both parties will be created to assess language abilities before qualifying for the incentive.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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SECTION 4.15 LONGEVITY EXCLUSIVELY AS SECTION 457 CONTRIBUTION
a. For those active employees that have attained 10 years of continuous full time employment,
the City, consistent with sections (b) through (f) below, shall deposit funds into a separate
deferred compensation plan Section 457 account for each employee in the following
amounts:
i. Fiscal Year 2021-2022: $50 for each whole year of continuous full-time
employment with the City
ii. After July 1, 2022: $100 per year for each whole year of continuous full-time
employment with the City
b. Only employees who have received an overall rating of “satisfactory” or better on their last
evaluation on file will be eligible for the longevity 457 contribution.
c. Whole years of full time employment shall be determined on September 1st of each year
for each active employee.
d. Fractions of a year will be rounded down to the nearest whole year.
e. For Fiscal Year 2021-2022, deposit into the deferred compensation account shall be made
in one lump sum no later than 60 days after execution of this MOU. Thereafter, deposit
into the deferred compensation account shall be made in one lump sum annually no later
than the second pay period in September.
f. Based on title 2 of the California Code of Regulations Section 571, the annual City deferred
contribution for longevity into the separate deferred compensation plan, will not be
considered special compensation, will not be reported to CalPERS as compensation and
will not be considered as compensation when calculating an employee’s retirement
benefits. In the event that CalPERS at some time in the future determines that the longevity
Section 457 Contribution meets the definition of “Special Compensation”, both parties
agree to reopen negotiations related to the financial impacts and implementation of this
issue.
SECTION 4.16 POLICE RECRUIT ACADEMY HOUSING REIMBURSEMENT
a. If required by the City of Atascadero to attend a POST Academy over 60 miles distance
from their place of residence, Police Recruits will receive a housing reimbursement, not
to exceed $600 per month for the duration of their participation in the POST
Academy. Police Officer Recruits will be required to submit proof of housing/rental
agreement in order to receive reimbursement. Reimbursement eligibility will cease upon
completion or termination from the POST Academy.
b. Employee shall be responsible for any applicable federal, state or local taxes.
c. Based on title 2 of the California Code of Regulations Section 571, the housing
reimbursement, will not be considered “Special Compensation”, will not be reported to
CalPERS as compensation and will not be considered as compensation when calculating
an employee’s retirement benefits. In the event that CalPERS at some time in the future
determines that the housing reimbursement meets the definition of “Special
Compensation”, both parties agree to reopen negotiations related to the financial impacts
and implementation of this issue.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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ARTICLE V - HEALTH AND WELFARE
SECTION 5.1 HEALTH INSURANCE COVERAGE
a. For unit members who elect to have “Family” coverage, the City shall pay an amount not to
exceed $1,764.21$2,035.57 per month for employees electing Family coverage. The City
contribution shall go toward the cost of all medical, dental, vision and life insurance benefit
premiums for the unit member employee and dependents. City shall pay for increased costs to
medical, dental, vision and life insurance premiums for the employee and fifty percent (50%)
of increased costs for dependents based upon HMO plan costs.
b. For unit members who elect to have ‘Employee +1” coverage, the City shall pay an amount
not to exceed $1,303.32$1,513.88 per month for employees electing Employee +1 coverage.
The City contribution shall go toward the cost of all medical, dental, vision and life insurance
benefit premiums for the unit member employee and dependent. City shall pay for increased
costs to medical, dental, vision and life insurance premiums for the employee and fifty percent
(50%) of increased costs for the dependent based upon HMO plan costs.
c. For unit members who elect to have “Employee Only” coverage, the City shall pay an amount
not to exceed $940.91$1,076.83 per month for employees electing Employee Only coverage.
The City contribution shall go toward the cost of all medical, dental, vision and life insurance
benefit premiums for the unit member employee. City shall pay for increased costs to medical,
dental, vision and life insurance premiums for the employee based upon HMO plan costs.
For unit members who elect to have “Employee Only” coverage, available funds remaining
from the City’s contribution toward insurance coverage shall be paid to an employee hired on
or before September 1, 2000 as additional compensation. This amount shall not exceed
$240.56 per month.
d. The City shall provide term life insurance coverage for each employee in a total amount of
fifty thousand dollars ($50,000).
e. The City shall provide a term life insurance policy for each eligible dependent enrolled in
health coverage in a total amount of one thousand dollars ($1,000) per dependent during the
term of this agreement.
f. The Medical Insurance Committee may recommend changes in the level of service and service
providers to the City during the term of the agreement. Each recognized bargaining unit shall
have a representative on the committee, and management will have one representative.
g. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in
compliance with applicable Internal Revenue Code provisions. The plan will enable an
employee, on a voluntary basis, to cover additional out of pocket premium expenses for
insurance through pre-tax payroll dollars.
h. State Disability Insurance – The City has provided State Disability Insurance as a payroll
deduction of each employee.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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SECTION 5.2 ANNUAL COUNSELING
The City agrees to provide up to four (4) counseling appointments each fiscal year for members of
the Association that choose to see a counselor/psychologist. This program is voluntary and
employees will participate on their own time without compensation from the City. The counselor
or psychologist must be licensed and under contract with the City. At the request of the
Association, the City will consider contracting with additional specific counselors/psychologists.
SECTION 5.32 UNIFORM/SAFETY EQUIPMENT ALLOWANCE
The purpose of the uniform allowance is for the purchase, replacement, maintenance, and
cleaning of uniform clothing.
a. The City shall provide an annual uniform allowance of one thousand dollars ($1,000) for
employees who hold the following positions: Police Officer, Police Corporal, Police Sergeant,
Community Services Officer, Property Evidence Specialist, Senior Property Evidence
Specialist and Code Enforcement Officer.
b. The City will make an upfront lump sum payment of the current fiscal year’s uniform
allowance no later than the second pay day in July for employees who hold the following
positions: Police Officer, Police Corporal, Police Sergeant, Community Services Officer,
Property Evidence Specialist, Senior Property Evidence Specialist and Code Enforcement
Officer.
c. For employees who hold the following positions: Police Officer, Police Corporal, Police
Sergeant, Community Services Officer, Property Evidence Specialist, Senior Property
Evidence Specialist and Code Enforcement Officer - upon initial hire the employee will receive
a prorated amount based upon the number of days remaining until July 1. The City would at
the same time advance the new employee an amount that when added to his initial uniform
allowance would equal the annual uniform allowance. The amount advanced upon hire would
then be deducted from the employee’s first full uniform allowance check, the following July.
(Example: If, in fiscal year 2020/20212021/2022 an employee worked six months in the first
fiscal year, he/she would receive $900 in that first year and $550 in the second fiscal year.
($1,000 2021/20222022/2023 uniform allowance less repayment of ½ of 2020/20212021/2022
uniform allowance advanced to the employee upon hire) All subsequent years the employee
would receive the full $1,000 until separation from the City.)
d. When a Community Services Officer, Property Evidence Specialist, Senior Property Evidence
Specialist, Code Enforcement Officer Police Officer, Police Corporal or Police Sergeant
separates from the City, the Uniform Allowance will be prorated based upon the number of
days employed in the then current fiscal year and any amounts owed to the City will be
deducted from his/her final check.
e. Uniforms damaged on duty shall be replaced as prorated by the Police Chief. Employees are
required to seek reimbursement through the courts with all practical diligence.
f. The City shall reimburse up to Two-Hundred ($200.00) Dollars per fiscal year for the purchase
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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of eligible uniform items to employees in the following positions:
Police Records Technician,
Police Lead Records Technician,
Public Safety Dispatcher,
Public Safety Lead Dispatcher, and
Support Services Supervisor
Eligible uniform items include Civilian Uniform Shirts, Civilian Uniform Pants, and Non-
Uniform Polo Shirts as approved by the uniform committee and the City Manager. In no instance
will the City reimburse employees for clothing that may be worn outside of the Atascadero Police
Department work environment.
Proof of purchase is required. Once purchased, such appropriate uniform must be worn while
working.
g. The City shall make available to Police Officers, Police Corporals and Police Sergeants a
bulletproof vest. Employees requesting a vest shall certify that they will wear the vest at all
times, except in extreme climatic conditions. Vests shall be replaced or refurbished each 4 or
5 years as manufacturer’s specifications dictate. Employees already owning a vest shall
continue to use them until repair or refurbishment becomes necessary, as determined by the
Chief of Police.
h. The following additional safety equipment shall be provided to all Police Officers, Police
Corporals and Police Sergeants by the City:
Service weapon
Baton
Duty belt with holster, keeper straps, handcuff case, chemical mace pouch, key ring,
baton ring, ammunition pouch, radio holder
Helmet with face shield
Rain garment: The City shall comply with the requirements of CAL/OSHA as it relates
to providing rain gear including rain boots
i. All City equipment shall be returned to the City upon the employee leaving such service.
j. The City will purchase the following items required by the Police Academy for employees in
the classification of Police Officer Recruit:
Academy T-shirt
Academy Sweatshirt
Academy Running Shorts
Dark Blue Polo Shirt or other shirt as required by the Police Academy.
The total annual monetary value of the uniforms in this subsection (j) is not to exceed $250.00
per employee.
In addition to the items listed above, the City may provide additional safety equipment as listed
in Section 5.2(h) at the discretion of the Police Chief.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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SECTION 5.3 4 PROBATION
The length of the probationary period for employees covered under this MOU shall be in accordance
with Rule 9 of July 2012 City of Atascadero Personnel System Rules. Each original and promotional
appointment made to a position in the competitive service shall be subject to a probationary period.
The length of the original and promotional probationary period shall each be at least 12 month of
service in the position for all employees. At the discretion of the Department Head and with the
approval of the City Manager, the probationary period may be extended for a maximum of six
additional months when the Department Head has determined that the employee has not yet
successfully completed his/her probationary period.
ARTICLE VI – OTHER
SECTION 6.1 CELL PHONE REIMBURSEMENTS
The City agrees to reimburse each full-time employee a flat rate of ten dollars ($10.00) per month
for the use of their personal cell phone for City business. This amount will be paid once per year
in a lump sum amount. Where applicable, the months will be pro-rated.
SECTION 6.2 JOINT COMMITMENT TO FAIR AND REASONABLE CHANGES TO
THE CALPERS SYSTEM
The interests of the City and the Association are generally aligned: both seek fair and reasonable
changes to the CalPERS system to ensure long-term sustainability of the system. Needed State-
level changes acceptable to both executive management and City labor groups are most likely to
be initiated by CalPERS member agencies and labor, working collaboratively.
City and the Association hereby jointly commit to:
Request state-level membership organizations (e.g., the League of California Cities, state-
wide labor affiliates) to alert and engage members, to make this issue a priority, and
encourage committing to a set of collaborative solutions;
Encourage, educate, and engage peers (e.g., other cities, other labor groups) to make this
issue a priority and to lend their voice to our request to state-level membership
organizations;
Jointly analyze options with an open mind as to potential solutions; and
Other potential collaborative efforts as they arise.
SECTION 6.3 NO CHANGE TO CALPERS EMPLOYEE CONTRIBUTION
PEPRA provides that beginning in 2018 an employer may require employees to pay fifty percent
(50%) of the total annual normal cost up to an eight percent (8%) contribution rate for
miscellaneous employees, and an eleven percent (11%) or twelve percent (12%) contribution rate
for safety employees. PEPRA does not require an employer to implement this change but, the
employer may do so once the employer has completed the good faith bargaining process as
required by law, including any impasse procedures requiring mediation and fact finding. The City
agrees that through June 30, 20240, the City will not unilaterally ask Tier 1 employees and Tier 2
ITEM NUMBER: C-2
DATE: 09/28/21
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employees to increase their contribution to CalPERS. Employee contributions to CalPERS (for
Tier 1 and Tier 2 employees) may be increased in 20240 upon mutual agreement of the Association
and the City.
ARTICLE VII - CLOSING PROVISIONS
SECTION 7.1 TERM
The term of this MOU shall commence on July 1, 20182021, and expire on June 30, 20202024.
SECTION 7.2 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following
representatives:
_______________________ _______________ ________________________
_____________
APA Date APA Date
CITY OF ATASCADERO
_______________________ _______________ ________________________
______________
Mayor Date City Manager Date
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 1
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Firefighters’ MOU 2020 -– 20212021-2024 Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ATASCADERO PROFESSIONAL FIREFIGHTERS
LOCAL 3600
AND
CITY OF ATASCADERO
JULY 1, 2020 2021 – June 30, 20212024
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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Firefighters’ MOU 2020 -– 20212021-2024 Page 2
ARTICLE I - GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding is made and entered into between the City of Atascadero,
hereinafter referred to as the “City” and the Atascadero Professional Firefighters Local 3600,
hereinafter referred to as the “Association” pursuant to California Government Code Section 3500,
et seq. and the City's Employer - Employee Relations Policy. The purpose of this Memorandum
of Understanding (MOU) is the establishment of wages, hours and other terms and conditions of
employment.
The City and Association agree that the provisions of this MOU shall be applied equally to all
employees covered herein without favor or discrimination because of race, creed, color, sex, age,
national origin, political or religious affiliations or association memberships. Whenever th e
masculine gender is used in this MOU, it shall be understood to include the feminine gender.
SECTION 1.2 RECOGNITION
a. The City of Atascadero recognizes the Association as the recognized and exclusive
representative for the following positions:
Firefighter Classification
Firefighter
Firefighter/HazMat Specialist I
Firefighter/ Specialist II
Firefighter/ FEO
Firefighter/ FEO/ Specialist I
Firefighter/ FEO/ Specialist II
Firefighter/ Paramedic
Firefighter/ Paramedic/HazMat Specialist I
Firefighter/ Paramedic/Specialist II
Firefighter/ FEO/ Paramedic
Firefighter/ FEO/ Paramedic/HazMat Specialist I
Firefighter/ FEO/ Paramedic/Specialist II
Fire Engineer Classification
Fire Engineer
Fire Engineer/ HazMat Specialist I
Fire Engineer/ Specialist II
Fire Engineer/ OIC
Fire Engineer/ OIC/ HazMat Specialist I
Fire Engineer/ OIC/ Specialist II
Fire Engineer/ Paramedic
Fire Engineer/ Paramedic/ HazMat Specialist I
Fire Engineer/ Paramedic/ Specialist II
Fire Engineer/ OIC/ Paramedic
Fire Engineer/ OIC/ Paramedic/HazMat Specialist I
Fire Engineer/ OIC/ Paramedic/ Specialist II
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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Fire Captain Classification
Fire Captain
Fire Captain/HazMat Specialist I
Fire Captain/Specialist II
Fire Captain/Paramedic
Fire Captain/Paramedic/HazMat Specialist I
Fire Captain/Paramedic/ Specialist II
Fire Marshal Classification
For purposes of this MOU, positions with a FEO, OIC, Paramedic and/or HazMat Specialist
designation are hereinafter included in any reference to Firefighter, Fire Engineer, and Fire
Captain.
b. This recognition is exclusive of management employees and temporary employees.
c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all
matters relating to the scope of representation under the Meyers-Milias-Brown Act
(Government Code Section 3500, et seq.), and as provided under the City's Employer -
Employee Relations Policy.
SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or
unenforceable by reason of any existing or subsequently enacted constitutional or legislative
provision shall be severed, and all other provisions of the Agreement shall remain in full force
and effect for the duration of the Agreement.
b. In the event that any provision of the MOU should be found invalid, unconstitutional, unlawful
or unenforceable, the City and the Association agree to meet and confer in a timely manner in
an attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed
provision of the Agreement and shall not in any way modify or impact the remaining provisions
of the existing MOU.
SECTION 1.4 SOLE AGREEMENT
a. The City and the Association agree that to the extent that any provision addressing wages,
hours, and terms and conditions of employment negotiable under the Meyers -Milias-Brown
Act found outside this MOU and are in conflict thereof, this MOU shall prevail .
b. If, during the term of the MOU, the parties should mutually agree to modify, amend, or alter
the provisions of this MOU in any respect, any such change shall be effective only if and when
reduced to writing and executed by the authorized representatives of the City and the
Association. Any such changes validly made shall become part of this MOU and subject to its
terms.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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SECTION 1.5 FULL FORCE AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of
bargaining under the Meyers-Milias-Brown Act, including those set in this MOU, shall remain
in full force and effect during the term of this MOU unless changed by mutual agreement.
b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the
Association.
ARTICLE II - RESPECTIVE RIGHTS
SECTION 2.1 ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:
a. Reasonable advance notice of any City ordinance, rule, resolution, or regulation directly
relating to matters within the scope of representation proposed to be adopted by the City
Council.
b. Reasonable use of one bulletin board at all Fire Department stations.
c. The right to payroll deductions made for payments or organization dues and for City approved
programs.
d. The use of City facilities for regular, normal and lawful Association activities, providing that
approval of the City Manager or his/her designee has been obtained.
e. Reasonable access to employee work locations for officers of the Association and their
officially designated representatives for the purpose of processing grievances or contacting
members of the organization concerning business within the scope of representation. Access
shall be restricted so as not to interfere with the normal operations of any department or with
established safety or security requirements.
SECTION 2.2 CITY RIGHTS
a. The authority of the City includes, but is not limited to, the exclusive right to determine the
standards of service; determine the procedures and standards of selection for employment and
promotion; direct its employees; take disciplinary action for "just cause"; relieve its employees
from duty because of lack of work or for other legitimate reason; maintain the efficiency of
governmental operations; determine the methods, staffing and personnel by which
governmental operations are to be conducted; determine the content of job classifications; take
all necessary actions to carry out its mission in emergencies; exercise complete control and
discretion over its organizations and the technology of performing its work provided, however,
that the exercise and retention of such rights does not preclude employees or their
representatives from consulting or raising grievances over the consequences or impact that
decisions on these matters may have on wage, hours and other terms of employment.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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SECTION 2.3 PEACEFUL PERFORMANCE
a. The parties to this MOU recognize and acknowledge that the services performed by the City
employees covered by this Agreement are essential to the public health, safety and general
welfare of the residents of the City of Atascadero. Association agrees that under no
circumstances will the Association recommend, encourage, cause or promote its members to
initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-
down, stay-in, sick-out, slow-down, or picketing (hereinafter collectively referred to as ”work-
stoppage”) in any office or department of the City, nor to curtail any work or restrict any
production, or interfere with any operation of the City. In the event of any such work stoppage
by any member of the bargaining unit, the City shall not be required to negotiate on the merits
of any dispute which may have risen to such work stoppage until said work stoppage has
ceased.
b. In the event of any work stoppage, during the term of this MOU, whether by the Association
or by any member of the bargaining unit, the Association by its officers, shall immediately
declare in writing and publicize that such work stoppage is illegal and unauthorized, and further
direct its members in writing to cease the said conduct and resume work. Copies of such
written notices shall be served upon the City. If, in the event of any work stoppage, the
Association promptly and in good faith performs the obligations of this paragraph, and
providing the Association has not otherwise authorized, permitted or encouraged such work
stoppage, the Association shall not be liable for any damages caused by the violation of this
provision. However, the City shall have the right to discipline, up to and including discharge,
any employee who instigates, participates in, or gives leadership to, any work stoppage activity
herein prohibited, and the City shall also have the right to seek full legal redress, including
damages, against any such employees.
ARTICLE III - - HOURS OF WORK AND OVERTIME
SECTION 3.1 HOURS OF WORK
a. Work Period
The normal work period, pursuant to Section 207 (k) of the Fair Labor Standards Act, shall be
twenty-eight (28) days for all full-time permanent sworn safety positions with the exception of
the Fire Marshal/Code Enforcement Officer. All hours worked in excess of the employee’s
regularly recurring work schedule shall be paid at the ove rtime rate of one and one-half of the
employee’s regular rate of pay.
b. Definition of Shift Employees
Shift employees are assigned to positions which duties are performed on a twenty-four (24)
hour day, seven (7) days a week basis, and include:
Firefighter
Fire Engineer
Fire Captain
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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SECTION 3.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay.
b. Hours Paid
Paid time off shall be considered time worked for overtime purposes.
c. Compensatory Time (CT)
Notwithstanding the provisions of this section, employees may be granted CT for overtime
credit computed at time and one-half at the mutual convenience of the Fire Department and the
employee. Employees may accumulate up to six (6) shifts (144 hours) of Compensatory Time.
d. Scheduling Compensatory Time Off (CT)
Requests to use CT shall be granted with due regard for operational necessity such as staffing
levels.
e. Compensatory Time (CT) Payoff
CT may be paid off at the option of the employee. The payoff shall be included in the next
regularly scheduled bi-weekly payroll period following the request.
SECTION 3.3 CALLBACK PAY
Employees who are called to duty at a time they are not working shall be compensated a minimum
compensation of two (2) hours at time and one-half rate of pay.
SECTION 3.4 STANDBY TIME
a. Employees assigned standby duty shall receive twenty-five dollars ($25.00) for each day of
standby duty. A day is defined as a 24-hour period.
b. Employees responding to work from standby shall receive time and one-half pay with a
minimum of one hour and twenty minutes once called back. Employees responding to work
as a result of an emergency callback request shall receive time and one-half pay with a
minimum of two hours pay.
c. Employees on standby status shall monitor both radio and alpha numeric pages at all times;
and be able to respond to the predetermined duty assignment within twenty minutes from the
time of notification.
SECTION 3.5 ON THE JOB MEDICAL TREATMENT
Employees shall make reasonable efforts to schedule all medical treatment related to the on-the-
job injuries during non-scheduled work hours. For medical treatment related to on-the-job
injuries scheduled during work hours, the employee shall be required to use sick leave or other
paid leave time to cover any time absent from the scheduled work except in the following
circumstances:
When required to be paid 4850 time in accordance with workers compensation law; or
When working a light duty shift, such that scheduling medical treatment during non-
scheduled work hours is not practical (i.e. Monday through Friday 40/hr. week), absences
related to medical treatment for on-the-job injuries that are required during scheduled
work hours shall be paid time; or
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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When an employee is required, by a supervisor or by the Human Resources Official, to
receive medical treatment or evaluation during scheduled work hours, that time shall be
paid time.
Medical appointments during normal scheduled work hours should be coordinated with the
employee’s supervisor so the best interests of the department are maintained.
Any paid time for an absence related to medical treatment related to an on-the-job injury should
be noted on the employee’s time card. At no point will the employee be compensated for
medical appointments that are not during his/her normal work shift; nor will employees receive
overtime for attending medical appointments.
ARTICLE IV - PAY PROVISIONS
SECTION 4.1 SALARY
This three (3) year agreement shall provide salary increases according to the following formula
and schedule:
This one (1) year agreement shall provide no salary increases.
The following monthly salaries become effective July 1, 2020:
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Firefighter 5,507.14$ 5,782.50$ 6,071.63$ 6,375.21$ 6,693.97$
Firefighter/FEO 5,617.28$ 5,898.14$ 6,193.05$ 6,502.70$ 6,827.84$
Firefighter/ Haz Mat Specialist 5,617.28$ 5,898.14$ 6,193.05$ 6,502.70$ 6,827.84$
Firefighter/FEO/Haz Mat Specialist 5,729.63$ 6,016.11$ 6,316.92$ 6,632.77$ 6,964.41$
Firefighter/Paramedic 6,057.85$ 6,360.74$ 6,678.78$ 7,012.72$ 7,363.36$
Firefighter/FEO/Paramedic 6,179.01$ 6,487.96$ 6,812.36$ 7,152.98$ 7,510.63$
Firefighter/Paramedic/HazMat Specialist 6,168.00$ 6,476.40$ 6,800.22$ 7,140.23$ 7,497.24$
Firefighter/FEO/Paramedic/HazMat
Specialist 6,291.36$ 6,605.93$ 6,936.23$ 7,283.04$ 7,647.19$
Fire Engineer 5,923.54$ 6,219.72$ 6,530.71$ 6,857.25$ 7,200.11$
Fire Engineer/OIC 6,042.01$ 6,344.11$ 6,661.32$ 6,994.39$ 7,344.11$
Fire Engineer/ Haz Mat Specialist 6,042.01$ 6,344.11$ 6,661.32$ 6,994.39$ 7,344.11$
Fire Engineer/OIC/Haz Mat Specialist 6,162.85$ 6,470.99$ 6,794.54$ 7,134.27$ 7,490.98$
Fire Engineer/Paramedic 6,515.89$ 6,841.68$ 7,183.76$ 7,542.95$ 7,920.10$
Fire Engineer/OIC/Paramedic 6,646.21$ 6,978.52$ 7,327.45$ 7,693.82$ 8,078.51$
Fire Engineer/Paramedic/HazMat Specialist 6,634.36$ 6,966.08$ 7,314.38$ 7,680.10$ 8,064.11$
Fire Engineer/OIC/Paramedic/HazMat
Specialist 6,767.05$ 7,105.40$ 7,460.67$ 7,833.70$ 8,225.39$
Fire Captain 7,028.67$ 7,380.10$ 7,749.11$ 8,136.57$ 8,543.40$
Fire Marshal 7,028.67$ 7,380.10$ 7,749.11$ 8,136.57$ 8,543.40$
Fire Captain/ Haz Mat Specialist 7,169.24$ 7,527.70$ 7,904.09$ 8,299.29$ 8,714.25$
Fire Marshal / Haz Mat Specialist 7,169.24$ 7,527.70$ 7,904.09$ 8,299.29$ 8,714.25$
Fire Captain/Paramedic 7,731.54$ 8,118.12$ 8,524.03$ 8,950.23$ 9,397.74$
Fire Captain/Paramedic/HazMat Specialist 7,872.11$ 8,265.72$ 8,679.01$ 9,112.96$ 9,568.61$
MONTHLY SALARY
Effective July 1, 2020
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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Year 1- Effective July 1, 2021 all employees covered under this MOU shall receive a 5.0% (five
point zero percent) salary increase to base pay. The following monthly salaries become effective
July 1, 20201:
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Firefighter 5,782.50 6,071.63 6,375.21 6,693.97 7,028.67
Firefighter Specialist I 5,840.33 6,132.35 6,438.97 6,760.92 7,098.97
Firefighter Specialist II 5,898.15 6,193.06 6,502.71 6,827.85 7,169.24
Firefighter/FEO 5,898.15 6,193.06 6,502.71 6,827.85 7,169.24
Firefighter/FEO/Specialist I 5,955.98 6,253.78 6,566.47 6,894.79 7,239.53
Firefighter/FEO/Specialist II 6,013.80 6,314.49 6,630.21 6,961.72 7,309.81
Firefighter/Paramedic 6,360.75 6,678.79 7,012.73 7,363.37 7,731.54
Firefighter/Paramedic/Specialist I 6,418.58 6,739.51 7,076.49 7,430.31 7,801.83
Firefighter/Paramedic/Specialist II 6,476.40 6,800.22 7,140.23 7,497.24 7,872.10
Firefighter/Paramedic/FEO 6,476.40 6,800.22 7,140.23 7,497.24 7,872.10
Firefighter/Paramedic/FEO/Specialist I 6,534.23 6,860.94 7,203.99 7,564.19 7,942.40
Firefighter/Paramedic/FEO/Specialist II 6,592.05 6,921.65 7,267.73 7,631.12 8,012.68
Fire Engineer 6,223.41 6,534.58 6,861.31 7,204.38 7,564.60
Fire Engineer Specialist I 6,285.64 6,599.92 6,929.92 7,276.42 7,640.24
Fire Engineer Specialist II 6,347.88 6,665.27 6,998.53 7,348.46 7,715.88
Fire Engineer/OIC 6,347.88 6,665.27 6,998.53 7,348.46 7,715.88
Fire Engineer/OIC/Specialist I 6,410.11 6,730.62 7,067.15 7,420.51 7,791.54
Fire Engineer/OIC/Specialist II 6,472.35 6,795.97 7,135.77 7,492.56 7,867.19
Fire Engineer/Paramedic 6,845.75 7,188.04 7,547.44 7,924.81 8,321.05
Fire Engineer/Paramedic/Specialist I 6,907.99 7,253.39 7,616.06 7,996.86 8,396.70
Fire Engineer/Paramedic/Specialist II 6,970.22 7,318.73 7,684.67 8,068.90 8,472.35
Fire Engineer/Paramedic/OIC 6,970.22 7,318.73 7,684.67 8,068.90 8,472.35
Fire Engineer/Paramedic/OIC/Specialist I 7,032.45 7,384.07 7,753.27 8,140.93 8,547.98
Fire Engineer/Paramedic/OIC/Specialist II 7,094.69 7,449.42 7,821.89 8,212.98 8,623.63
Fire Captain 7,380.10 7,749.11 8,136.57 8,543.40 8,970.57
Fire Captain Specialist I 7,453.90 7,826.60 8,217.93 8,628.83 9,060.27
FireCaptain Specialist II 7,527.70 7,904.09 8,299.29 8,714.25 9,149.96
Fire Captain/Paramedic 8,118.11 8,524.02 8,950.22 9,397.73 9,867.62
Fire Captain/Paramedic/Specialist I 8,191.91 8,601.51 9,031.59 9,483.17 9,957.33
Fire Captain/Paramedic/Specialist II 8,265.71 8,679.00 9,112.95 9,568.60 10,047.03
MONTHLY SALARY
Effective July 1, 2021
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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Year 2 - Effective July 1, 2022, all positions covered under this MOU shall receive a 4.0% (four
point zero percent) salary increase to base pay. The following monthly salaries become effective
July 1, 2022:
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Firefighter 6,013.80 6,314.49 6,630.21 6,961.72 7,309.81
Firefighter Specialist I 6,073.94 6,377.64 6,696.52 7,031.35 7,382.92
Firefighter Specialist II 6,134.08 6,440.78 6,762.82 7,100.96 7,456.01
Firefighter/FEO 6,134.08 6,440.78 6,762.82 7,100.96 7,456.01
Firefighter/FEO/Specialist I 6,194.21 6,503.92 6,829.12 7,170.58 7,529.11
Firefighter/FEO/Specialist II 6,254.35 6,567.07 6,895.42 7,240.19 7,602.20
Firefighter/Paramedic 6,615.18 6,945.94 7,293.24 7,657.90 8,040.80
Firefighter/Paramedic/Specialist I 6,675.32 7,009.09 7,359.54 7,727.52 8,113.90
Firefighter/Paramedic/Specialist II 6,735.46 7,072.23 7,425.84 7,797.13 8,186.99
Firefighter/Paramedic/FEO 6,735.46 7,072.23 7,425.84 7,797.13 8,186.99
Firefighter/Paramedic/FEO/Specialist I 6,795.59 7,135.37 7,492.14 7,866.75 8,260.09
Firefighter/Paramedic/FEO/Specialist II 6,855.73 7,198.52 7,558.45 7,936.37 8,333.19
Fire Engineer 6,472.36 6,795.98 7,135.78 7,492.57 7,867.20
Fire Engineer Specialist I 6,537.08 6,863.93 7,207.13 7,567.49 7,945.86
Fire Engineer Specialist II 6,601.81 6,931.90 7,278.50 7,642.43 8,024.55
Fire Engineer/OIC 6,601.81 6,931.90 7,278.50 7,642.43 8,024.55
Fire Engineer/OIC/Specialist I 6,666.53 6,999.86 7,349.85 7,717.34 8,103.21
Fire Engineer/OIC/Specialist II 6,731.25 7,067.81 7,421.20 7,792.26 8,181.87
Fire Engineer/Paramedic 7,119.60 7,475.58 7,849.36 8,241.83 8,653.92
Fire Engineer/Paramedic/Specialist I 7,184.32 7,543.54 7,920.72 8,316.76 8,732.60
Fire Engineer/Paramedic/Specialist II 7,249.04 7,611.49 7,992.06 8,391.66 8,811.24
Fire Engineer/Paramedic/OIC 7,249.04 7,611.49 7,992.06 8,391.66 8,811.24
Fire Engineer/Paramedic/OIC/Specialist I 7,313.77 7,679.46 8,063.43 8,466.60 8,889.93
Fire Engineer/Paramedic/OIC/Specialist II 7,378.49 7,747.41 8,134.78 8,541.52 8,968.60
Fire Captain 7,675.30 8,059.07 8,462.02 8,885.12 9,329.38
Fire Captain Specialist I 7,752.05 8,139.65 8,546.63 8,973.96 9,422.66
FireCaptain Specialist II 7,828.81 8,220.25 8,631.26 9,062.82 9,515.96
Fire Captain/Paramedic 8,442.83 8,864.97 9,308.22 9,773.63 10,262.31
Fire Captain/Paramedic/Specialist I 8,519.58 8,945.56 9,392.84 9,862.48 10,355.60
Fire Captain/Paramedic/Specialist II 8,596.34 9,026.16 9,477.47 9,951.34 10,448.91
MONTHLY SALARY
Effective July 1, 2022
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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Year 3 - Effective July 1, 2023, all positions covered under this MOU shall receive a 3.5% (three
point five percent) salary increase to base pay. The following monthly salaries become effective
July 1, 2023:
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Firefighter 6,224.28 6,535.49 6,862.26 7,205.37 7,565.64
Firefighter Specialist I 6,286.52 6,600.85 6,930.89 7,277.43 7,641.30
Firefighter Specialist II 6,348.77 6,666.21 6,999.52 7,349.50 7,716.98
Firefighter/FEO 6,348.77 6,666.21 6,999.52 7,349.50 7,716.98
Firefighter/FEO/Specialist I 6,411.01 6,731.56 7,068.14 7,421.55 7,792.63
Firefighter/FEO/Specialist II 6,473.25 6,796.91 7,136.76 7,493.60 7,868.28
Firefighter/Paramedic 6,846.71 7,189.05 7,548.50 7,925.93 8,322.23
Firefighter/Paramedic/Specialist I 6,908.95 7,254.40 7,617.12 7,997.98 8,397.88
Firefighter/Paramedic/Specialist II 6,971.19 7,319.75 7,685.74 8,070.03 8,473.53
Firefighter/Paramedic/FEO 6,971.19 7,319.75 7,685.74 8,070.03 8,473.53
Firefighter/Paramedic/FEO/Specialist I 7,033.44 7,385.11 7,754.37 8,142.09 8,549.19
Firefighter/Paramedic/FEO/Specialist II 7,095.68 7,450.46 7,822.98 8,214.13 8,624.84
Fire Engineer 6,698.88 7,033.82 7,385.51 7,754.79 8,142.53
Fire Engineer Specialist I 6,765.87 7,104.16 7,459.37 7,832.34 8,223.96
Fire Engineer Specialist II 6,832.86 7,174.50 7,533.23 7,909.89 8,305.38
Fire Engineer/OIC 6,832.86 7,174.50 7,533.23 7,909.89 8,305.38
Fire Engineer/OIC/Specialist I 6,899.85 7,244.84 7,607.08 7,987.43 8,386.80
Fire Engineer/OIC/Specialist II 6,966.84 7,315.18 7,680.94 8,064.99 8,468.24
Fire Engineer/Paramedic 7,368.77 7,737.21 8,124.07 8,530.27 8,956.78
Fire Engineer/Paramedic/Specialist I 7,435.76 7,807.55 8,197.93 8,607.83 9,038.22
Fire Engineer/Paramedic/Specialist II 7,502.75 7,877.89 8,271.78 8,685.37 9,119.64
Fire Engineer/Paramedic/OIC 7,502.75 7,877.89 8,271.78 8,685.37 9,119.64
Fire Engineer/Paramedic/OIC/Specialist I 7,569.73 7,948.22 8,345.63 8,762.91 9,201.06
Fire Engineer/Paramedic/OIC/Specialist II 7,636.72 8,018.56 8,419.49 8,840.46 9,282.48
Fire Captain 7,943.92 8,341.12 8,758.18 9,196.09 9,655.89
Fire Captain Specialist I 8,023.36 8,424.53 8,845.76 9,288.05 9,752.45
FireCaptain Specialist II 8,102.80 8,507.94 8,933.34 9,380.01 9,849.01
Fire Captain/Paramedic 8,738.31 9,175.23 9,633.99 10,115.69 10,621.47
Fire Captain/Paramedic/Specialist I 8,817.75 9,258.64 9,721.57 10,207.65 10,718.03
Fire Captain/Paramedic/Specialist II 8,897.19 9,342.05 9,809.15 10,299.61 10,814.59
MONTHLY SALARY
Effective July 1, 2023
a. Steps B, C, D, and E may be paid upon completion of twelve months of employment at the
preceding step where the employee has demonstrated at least satisfactory job progress and
normally increasing productivity, and upon recommendation of the Department Head and
approval of the City Manager.
b. Employees who are trained, qualified and assigned by the Fire Chief to E.M.T. Paramedic duties
shall receive ten percent (10%) more in base salary than those positions within the same
classification without paramedic duties.
c. Employees who serve on the San Luis Obispo County Hazardous Incident Response Team
(SLOHIRT) shall receive two percent (2%) more in base salary than those positions within the
same classification which do not serve on SLOHIRT.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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d.c. Employees who are assigned to Fire Equipment Operator (FEO) duty (as outlined in Section 6.4
below) shall receive two percent (2%) more in base salary than those positions within the same
classification which are not appointed as FEO.
e.d. Employees who are assigned to Officer in Charge (OIC) duty (as outlined in Section 6.5 below)
shall receive two percent (2%) more in base salary than those positions within the same
classification which are not appointed as OIC.
e. Employees who are assigned to Specialist I duty (as outlined in Section 6.6 below) shall receive
one percent (1%) more in base salary than those positions within the same classification which
are not appointed as a Specialist I.
f. Employees who are assigned to Specialist II duty (as outlined in Section 6.6 below) shall receive
two percent (2%) more in base salary than those positions within the same classification which
are not appointed as a Specialist II.
g. The Association and the City recognize that the Memorandums of Understanding in the years
since 1998 have been incremental steps in corre cting salary inequities between Atascadero
employees and the comparisons within San Luis Obispo County. It is further recognized that
the salary schedule is a continuing attempt to bring Atascadero salaries to the mean with the
surveyed cities following the initial inequity adjustment, and may be subject to change in future
negotiations.
SECTION 4.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to $1,600 per fiscal year for books, tuition and related
educational expenses for attending college or other professional training, providing the coursework
is job-related and the employee received a passing grade.
SECTION 4.3 RETIREMENT
a. Employees are provided retirement benefits through the California Public Employees
Retirement System (CalPERS).
CLASSIC MEMBERS TIER 1
Sworn Safety Member employees including Firefighters, Fire Engineers, Fire
Marshal/Code Enforcement Officer and Fire Captains hired on or before July 14, 2012 are
provided benefits pursuant to the 3% @ 50 Benefit Formula (Government Code Section
21362.2), Final Compensation 1 Year (G.C. Section 20042) and Unused Sick Leave Credit
(G.C. Section 20965).
The City will pay 0% (zero percent) of the Sworn Safety Member employee contribution
of 9% (nine percent). Sworn Safety Member emplo yees will pay the employee
contribution of 9% (nine percent).
Sworn Safety Members shall also contribute an additional 3% (three percent) of cost
sharing toward the employer rate pursuant to Section 20516. These contributions are
credited to each member's account as normal contributions. The contributions are made
on a pre-tax basis as allowed under Internal Revenue Service Code Section 414 (h) (2) or
as otherwise permitted by law.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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CLASSIC MEMBERS TIER 2
Sworn Safety Member employees including Firefighters, Fire Engineers, Fire
Marshal/Code Enforcement Officer and Fire Captains hired between July 14, 2012 and
December 31, 2012, and Sworn Safety Member employees hired on or after January 1,
2013 who meet the definition of a Classic Member under CalPERS, are provided benefits
pursuant to the 3% @ 55 Benefit Formula (G.C. Section 21363.1), Final Compensation 3
Year (G.C. Section 20037) and Unused Sick Leave Credit (G.C. Section 20965).
The City will pay 0% (zero percent) of the Sworn Safety Member employee contribution
of 9% (nine percent). Sworn Safety Member employees the employee contribution of 9%
(nine percent).
Sworn Safety Members shall also contribute an additional 3% (three percent) of cost
sharing toward the employer rate pursuant to Section 20516. These contributions are
credited to each member's account as normal contributions. The contributions are made
on a pre-tax basis as allowed under Internal Revenue Service Code Section 414 (h) (2) or
as otherwise permitted by law.
NEW MEMBERS TIER 3
Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA),
Sworn Safety Member employees including Firefighters, Fire Engineers, Fire
Marshal/Code Enforcement Officer and Fire Captains hired on or after January 1, 2013
who meet the definition of a CalPERS new member under PEPRA are provided benefits
pursuant to the 2.7% @ 57 Benefit Formula (G.C. Section 7522.25(d)) with Final
Compensation 3 Year (G.C. Section 20037). The Sworn Safety M ember employee will
pay a member contribution rate of 50% (fifty percent) of the expected normal cost rate.
b. The CalPERS retirement for Sworn Safety Members (as defined by CalPERS) includes Level
Four (4) of the 1959 Survivor’s Benefit. The employees shall pay the monthly cost of the
benefit.
c. Qualifying employee contributions shall be contributed to CalPERS on a pre -tax basis to the
extent permitted by law.
d. The City shall provide the Military Service Credit as Public Service(Section 21024 of the
Government Code) and Military Service Credit for Retired Persons (Section 21027 of the
government Code), provided there is no direct cost to the City.
SECTION 4.4 SICK LEAVE/STAY WELL PLAN
a. Unit members shall earn and use sick leave subject to the provisions of the City of Atascadero
Personnel System Rules. It is agreed that nothing herein shall be construed as providing any
vested right, monetary or otherwise, to any unused sick leave existing at time of discharge or
voluntary separation from City service, except at time of retirement in accordance with the City's
Public Employees Retirement System contract.
b. Sick leave accumulates at a rate of 5.54 hours per pay period. There is no limit to the
accumulation.
c. In any calendar year, up to 16 hours of sick leave may be used for personal reasons without
explanation. These hours are not intended as vacation time and may not be used to extend
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vacations.
d. Employees with 576.16 or more hours of acc umulated sick leave shall be eligible for the Stay
Well Bonus. The Stay Well Bonus will be implemented as follows:
1. The sick leave pay-off will occur during fifty-two (52) week period beginning the first day
after the second pay period in October and ending on the last day of the second pay period
in October of the following year after an employee has accumulated and maintained 576.16
hours of sick leave.
2. Once the eligibility requirements have been met, an employee may opt to receive a pay-off
equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment
is 144.04 hours).
3. Checks will be prepared by December 15 of each year.
SECTION 4.5 LONGEVITY EXCLUSIVELY AS SECTION 457 CONTRIBUTION
a. For those active employees that have attained 10 years of continuous full time employment,
the City, consistent with sections (b) through (f) below, shall deposit funds into a separate
deferred compensation plan Section 457 account for each employee in the following
amounts:
i. Fiscal Year 2021-2022: $50 for each whole year of continuous full-time
employment with the City
ii. After July 1, 2022: $100 per year for each whole year of continuous full -time
employment with the City
b. Only employees who have received an overall rating of “satisfactory” or better on their last
evaluation on file will be eligible for the longevity 457 contribution.
c. Whole years of full time employment shall be determined on September 1st of each year
for each active employee.
d. Fractions of a year will be rounded down to the nearest whole year.
e. For Fiscal Year 2021-2022, deposit into the deferred compensation account shall be made
in one lump sum no later than 60 days after execution of this MOU. Thereafter, deposit
into the deferred compensation account shall be made in one lump sum annually no later
than the second pay period in September.
f. Based on title 2 of the California Code of Regulations Section 571, the annual City deferred
contribution for longevity into the separate deferred compensation plan, will not be
considered special compensation, will not be reported to CalPERS as compensation and
will not be considered as compensation when calculating an employee’s retirement
benefits. In the event that CalPERS at some time in the future determines that the longevity
Section 457 Contribution meets the definition of “Special Compensation”, both parties
agree to reopen negotiations related to the financial impacts and implementation of this
issue.
SECTION 4.5 6VACATION LEAVE
a. Paid vacation leave accrues from the date of hire on a bi-weekly basis and increases after
completion of the required years of service as follows:
Years of Service Accrual Rate
Less than 3 years 5.00 shifts/yr or 4.61 hrs/pp
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3 years completed 5.60 shifts/yr or 5.17 hrs/pp
5 years completed 6.53 shifts/yr or 6.03 hrs/pp
7 years completed 7.59 shifts/yr or 7.01 hrs/pp
9 years completed 8.40 shifts/yr or 7.75 hrs/pp
11 years completed 9.33 shifts/yr or 8.61 hrs/pp
15 years completed 10.26 shifts/yr or 9.47 hrs/pp
20 years completed 11.20 shifts/yr or 10.34 hrs/pp
The above schedule is based on full-time employment.
b. Employees shall be entitled to vacation leave consistent with the City Personnel System
Rules.
a.c. It is agreed and understood that the taking of vacation shall be as scheduled by the Fire
Chief subject to the needs of the City.
SECTION 4.6 7 HOLIDAYS
a. Employees shall receive five and 6/10 (5.6) shifts annually or 5.17 hours bi-weekly. Said
holidays shall be credited in accordance with procedures established by the Personnel Officer.
b. Holiday time may be used as either paid time off or paid in cash at the option of the employee
with the approval of the Fire Chief.
SECTION 4.87 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the July 2012 City Personnel System
Rules.
The City shall provide up to twenty-four (24) hours of paid bereavement leave for non-Fire
suppression personnel or two (2) shifts of bereavement leave for Fire suppression personnel for
bereavement purposes. Bereavement purposes include (1) the death of a member of the employee’s
immediate family, and (2) the critical illness of a member of the employee’s immediate family
where death appears to be imminent. The amount of bereavement leave provided under this section
is twenty four (24) hours or two (2) shifts per family member.
The employee may be required to submit proof of a relative's death or critical illness before final
approval of leave is granted.
For purposes of this section, “immediate family” means: spouse or domestic partner, parent
(including biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent,
grandchild, child (including biological, foster, or adopted child, a stepchild, a legal ward, a child
of a domestic partner, or a child of a person standing in loco parentis), brother, sister, aunt, uncle,
son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law or
significant other. Twenty-four (24) hours or two (2) shifts of the paid absence shall be considered
"bereavement leave", and any remaining time shall be from other paid time off available to the
employee.
When an employee has exhausted the bereavement leave provided in this section, the employee
may submit a request to his/her Department Head and request additional time off work. If
approved, the employee must use their other accrued paid leave. The employee may elect which
accrued paid leave he/she shall use during the additional leave. However, the employee may not
use more than forty-eight (48) hours or two (2) shifts of accrued sick leave for bereavement
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purposes. If the additional leave approved by the Department Head is longer than forty-eight (48)
hours or two (2) shifts, the employee is required to use accrued paid leave other than sick leave.
SECTION 4.98 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law. All
employees entitled to military leave shall give the appointing power an opportunity within the
limits of military regulations to determine when such leave shall be taken.
SECTION 4.190 COMMON MESS ARRANGMENT
Unit employees under a common mess arrangement, agree to contribute to congregate meals at
the station house in the amount required to cover the cost of those meals, irrespective of whether
the employee chooses to eat the meal.
SECTION 4.110 BILINGUAL PAY
The City shall pay an additional 2.5% of salary to those employees who are able to speak one of
the top two non-English languages as defined by the U.S. Census. A testing mechanism mutually
agreed to by both parties will be created to assess language abilities before qualifying for the
incentive.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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ARTICLE V - HEALTH AND WELFARE
SECTION 5.1 HEALTH INSURANCE COVERAGE
a. Effective January 1, 20202021, for unit members who elect to have “Family” coverage, the
City shall pay an amount not to exceed $1,962.14$2,029.34 per month for employees electing
Family coverage.. The City contribution shall go toward the cost of all medical, dental, vision
and life insurance benefit premiums for the unit member employee and dependents. City shall
pay for increased costs to medical, dental, vision and life insurance premiums for the employee
and fifty percent (50%) of increased costs for dependents based upon HMO plan costs.
b. Effective January 1, 2020,2021 for unit members who elect to have ‘Employee +1” coverage,
the City shall pay a an amount not to exceed $1,455.51$1,507.65 per month for employees
electing Employee +1 coverage and. The City contribution shall go toward the cost of all
medical, dental, vision and life insurance benefit premiums for the unit member employee and
dependent. City shall pay for increased costs to medical, dental, vision and life insurance
premiums for the employee and fifty percent (50%) of increased costs for the dependent based
upon HMO plan costs.
c. Effective January 1, 20202021, for unit members who elect to have “Employee Only”
coverage, the City shall pay an amount not to exceed $1,042.68$1,149.57 per month for
employees electing Employee Only coverage. The City contribution shall go toward the cost
of all medical, dental, vision and life insurance benefit premiums for the unit member
employee. City shall pay for increased costs to medical, dental, vision and life insurance
premiums for the employee based upon HMO plan costs.
For unit members who elect to have “Employee Only” coverage, available funds remaining
from the City’s contribution toward insurance coverage shall be paid to an employee hired on
or before September 1, 2000 as additional compensation. This amount shall not exceed
$319.53 per month.
d. The City shall provide term life insurance coverage for each employee in a total amount of
fifteen thousand dollars ($15,000) during the term of this agreementfrom July 1, 2021 through
December 31, 2021. The City shall provide term life insurance coverage for each employee in
a total amount of fifty thousand dollars ($50,000) beginning January 1, 2022 and through the
remaining term of this agreement.
e. The City shall provide a term life insurance policy for each eligible dependent enrolled in
health coverage in a total amount of one thousand dollars ($1,000) per dependent during the
term of this agreement.
f. The Medical Insurance Committee shall be comprised of one representative from each of the
bargaining units (as designated by the bargaining unit) and one from the City. The Committee
shall regularly review the health plan and study health insurance issues including, but not
limited to, Health Maintenance Organizations (HMO’s), cost containment, etc., and make
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recommendations to the City Manager.
g. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in
compliance with applicable Internal Revenue Code provisions. The plan will enable an
employee to, on a voluntary basis, cover additional out of pocket premium expenses for
insurance through pretax payroll dollars.
SECTION 5.2 UNIFORM ALLOWANCE
The purpose of the uniform allowance is for the purchase, replacement, mainten ance and cleaning
of uniform clothing, including t-shirts and hats.
a. The City shall provide an annual uniform allowance of nine hundred fifteen dollars ($915)
for each Association employee.
b. The City will make an up-front lump-sum payment of the current calendar year’s uniform
allowance no later than the second pay day in January.
c. Upon initial hire the employee will receive a prorated amount based upon the number of
days remaining until January 1. The City would at the same time advance the new employee
an amount that, when added to his initial uniform allowance, would equal $915. The
amount advanced upon hire would then be deducted from the employee’s first full uniform
allowance check received the following January. (Example: If an employee worked six
months in the first calendar year, he/she would receive $915 in that first year and $457.50
in the second calendar year. All subsequent years the employee would receive the full
$915 until separation from the City.)
When an employee separates from the City, the uniform allowance will be prorated based
upon the number of days employed in the then current calendar year and any amounts owed
to the City will be deducted from his/her final check.
SECTION 5.3 PHYSICAL FITNESS
The parties agree to establish a committee consisting of an equal number of representatives from the
City and the Association for the purpose of developing a physical fitness program that will be
implemented in the Fire Department for all employees in the unit. The committee will meet as needed
to develop recommendations for the Fire Chief. The physical fitness program will include the
following elements: 1) Mandatory participation, 2) Established standards, and 3) City-provided
physicals.
SECTION 5.4 HEALTH AND WELLNESS EXAMS
The City shall add toinclude in the Fire Department budget three hundred seventy-five dollars ($375)
per full-time employee for health and wellness exams according to the following schedule:
Annually for Fire Department safety personnel aged 40 and over
Every other year for Fire Department safety personnel aged 30 -39
Every three years for Fire Department safety personnel aged 20 -29
The total amount budgeted will be coordinated in cooperation with the City. This amount will be
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paid directly to the health care professional or medical group and not to the employee.
SECTION 5.5 – RETIREE MEDICAL EXPENSE REIMBURSEMENT PLAN
The City will administer employee payroll deductions that are directed to a Medical Expense
Reimbursement Plan selected by the Association, with City approval, which lawfully permits
employee contributions by payroll deductions (e.g., Retiree Medical Trust, Retiree Health
Savings Account). The City shall not incur or be liable for any costs or contributions a ssociated
with such a plan. The City will only administer payroll deductions toward a qualifying employee
benefit plan under the Internal Revenue Code.
The Association shall indemnify, defend and hold harmless the City from any claim, complaint,
assessment, penalty, or damages asserted by any person or entity, including any state or federal
authority, arising out of Association participation in such a plan, including, but not limited to
fines, fees, or penalties issued by a state or federal taxing authority against the City due to
employee payroll deductions or compensation payouts that are directed to the plan.
ARTICLE VI – OTHER
SECTION 6.1 PROBATION
The length of the probationary period for employees covered under this MOU shall be in accordance
with Rule 9 of July 2012 City of Atascadero Personnel System Rules. Each original and promotional
appointment made to a position in the competitive service shall be subject to a probationary period.
The length of the original and promotional probationary period shall each be at least 12 month of
service in the position for all employees. At the discretion of the Department Head and with the
approval of the City Manager, the probationary period may be extended for a maximum of six
additional months when the Department Head has determined that the employee has not yet
successfully completed his/her probationary period.
SECTION 6.2 PROMOTIONAL OPPORTUNITIES
Upon completion of the probationary period, qualified employees in the classification of Firefighter
will be provided an opportunity to be examined and promoted to the classification of Fire Engineer
provided there is a vacancy. There shall be a maximum of ten (10) Fire Engineer positions funded.
SECTION 6.3 CELL PHONE REIMBURSEMENT
The City agrees to reimburse each full-time employee a flat rate of twenty dollars ($20.00) per
month for the use of their personal cell phone for City business. This amount will be paid once
per year in a lump sum amount. Where applicable, the months will be pro-rated.
SECTION 6.4 FIRE EQUIPMENT OFFICER OPERATOR (FEO) ASSIGNMENT
There will be a maximum of one (1) FEO position compensated at any one time. Based on current
staffing, departmental needs, and budgetary constraints, the Fire Chief, with written approval of
the City Manager, may appoint additional FEO positions to be compensated.
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Selection will be based on completion of department FEO qualification process and appointment
will solely be the decision of the Fire Chief.
In order to be eligible for the FEO assignment, employees must meet the following minimum
qualifications.
1. Employee must have completed Firefighter Probation
2. Employee must have completed AFD Driver/Operator and Ladder Truck modules
3. Employee must have completed CSFM Driver/Operator Certification or equivalent as
approved by Fire Chief
4. Employee must have passed the Fire Engineer Promotional Test or FEO Equivalency Test
(Minimum 80% cumulative, minimum 70% on any individual section)
5. Employee must have obtained a FEO Qualification - approved by Fire Chief
6. Every two years, employees must re-qualify by:
a. Completing a Fire Engineer Promotional Test with a passing score; or
b. At the Fire Chief’s discretion, either completing an FEO equivalency test with a
passing score or completing Fire Chief required FEO training.
Failure to re-qualify every two years will result in revocation of assignment.
SECTION 6.5 OFFICER IN CHARGE (OIC) ASSIGNMENT
There will be a maximum of four (4) OIC positions compensated at any one time. Selection will
be based on completion of department OIC qualification process and appointment will solely be
the decision of the Fire Chief.
In order to be eligible for the OIC assignment, employees must meet the following minimum
qualifications:
1. Employee must meet minimum qualifications listed for Engine Company Officer per SLO
County Fire Services Mutual Aid Plan. Including requirements for SLO County Incidents
and Strike Team assignments
2. Employee must have completed Atascadero Fire & Emergency OIC Taskbook
3. Employee must have obtained OIC Trainee Qualification- Approved by Fire Chief
4. Employee must have passed the Fire Captain Promotional Test or OIC Equivalency Test
(Minimum 80% cumulative, minimum 70% on any individual section)
5. Employee must have completed 3 months of OIC Trainee Training in the presence of a
Fire Captain
6. Employee must have obtained an OIC Qualification- Approved by Fire Chief
7. Every two years, employees must re-qualify by completing:
a. A Fire Captain Promotional Test with a passing score; or
b. At the Fire Chief’s discretion, either completing an OIC equivalency test with a
passing score or completing Fire Chief required OIC training.
Failure to re-qualify every two years will result in revocation of assignment.
SECTION 6.6 SPECIALIST ASSIGNMENT
ITEM NUMBER: C-2
DATE: 09/28/21
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a. Employees may serve in a specialist assignment.
b. Specialist assignments shall include only the following:
San Luis Obispo Hazardous Response Team (SLOHIRT)
San Luis Obispo Fire Investigation Strike Team (SLOFIST)
Technical Rescue Team (TRT)
Field Training Officer (FTO)
c. Employees serving in one specialist assignment shall be entitled to receive Specialist I pay
as outlined in Section 4.1
d. Employees serving in more than one specialist assignment shall be entitled to receive
Specialist II pay as outlined in Section 4.1
e. The number of employees serving in a specialist assignment shall be limited as follows:
San Luis Obispo Hazardous Response Team (SLOHIRT)- up to a maximum of
three (3) employees assigned
San Luis Obispo Fire Investigation Strike Team (SLOFIST)- up to a maximum of
three (3) employees assigned
Technical Rescue Team (TRT)- up to a maximum of four (4) employees assigned
Field Training Officer (FTO)- up to a maximum of three (3) employees assigned
In rare instances, based on the needs of the department and availability of funding,
the Fire Chief, with the written approval of the City Manager, may assign an
additional employee to a specialty assignment.
f. Quarterly, the association shall submit to Human Resources a list of all employees serving
in a specialist assignment, including effective dates of each assignment.
SECTION 6.6 7 LICENSE REIMBURSEMENT
City agrees to either pay directly on behalf of or reimburse (receipts required) each full-time
employee for the following fees, costs and licenses required for their position and job
responsibilities:
1. DMV physicals and lab-tests from a provider approved by the City
2. DMV license renewal
3. EMT-Paramedic license renewal
4. EMT- Basic license renewal
5. Haz-Mat physicals and lab-tests from a provider approved by the City
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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ARTICLE VII – OTHER
SECTION 7.1 COMPARISON JURISDICTIONS
a. The Association and the City recognize that the Memorandums of Understanding in the
years since 1998 have been incremental steps in correcting salary inequities between
Atascadero employees and the comparisons within San Luis Obispo County. It is further
recognized that the salary schedule is a continuing attempt to bring Atascadero salaries to
the mean with the surveyed cities following the initial inequity adjustment, and may be
subject to change in future negotiations.
b. The City recognizes that the Association would like the City to consider comparisons with
cities outside the County including the City of Salinas, the City of Hollister and the City of
Santa Maria. The City recognizes that with existing fire schedule, fire personnel may work
at a jurisdiction some distance away and continue to live in the Atascadero area. The
Association may submit salary and benefit information from jurisdictions outside the
County and that information will be reviewed and discussed by the City during
negotiations.
ARTICLE VIII - CLOSING PROVISIONS
SECTION 78.1 TERM
The term of this MOU shall commence on the first full pay period following ratification and
approval by the City Council, and expire on June 30, 20212024.
SECTION 87.2 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following
representatives:
_______________________ __________ _______________________ _________
APF Local 3600 Date APF Local 3600 Date
CITY OF ATASCADERO
_______________________ __________ _______________________ ________
Heather Moreno, Mayor Date Rachelle Rickard,
City Manager Date
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 2
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Mid-Management/Professional Employees MOU 2021-20242020-2021 Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
MID MANAGEMENT/PROFESSIONAL
EMPLOYEES
AND
CITY OF ATASCADERO
July 1, 2020 2021 through June 30, 20212024
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 3
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Mid-Management/Professional Employees MOU 2021-20242020-2021 Page 2
ARTICLE I - GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding is made and entered into between the City of Atascadero,
hereinafter referred to as the “City” and the Mid Management/Professional Employees, hereinafter
referred to as the “Association” pursuant to California Government Code Section 3500, et seq. and
the City's Employer - Employee Relations Policy. The purpose of this Memorandum of
Understanding (MOU) is the establishment of wages, hours and other terms and conditions of
employment.
The City and Association agree that the provisions of this MOU shall be applied equally to all
employees covered herein without favor or discrimination because of race, creed, color, sex, age,
national origin, political or religious affiliations or association memberships. Whenever the
masculine gender is used in this MOU, it shall be understood to include the feminine gender.
SECTION 1.2 RECOGNITION
a. The City of Atascadero recognizes the Association as the recognized and exclusive
representative for the following classifications:
Associate Civil Engineer/Storm Water Manager
Associate Civil Engineer/Storm Water Manager/Registered Engineer
Public Works Operations Manager
Recreation Supervisor
b. This recognition is exclusive of management employees and temporary employees.
c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all
matters relating to the scope of representation under the Meyers -Milias-Brown Act
(Government Code Section 3500, et seq.), and as provided under the City's Employer -
Employee Relations Policy.
SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or
unenforceable by reason of any existing or subsequently enacted constitutional or legislative
provision shall be severed, and all other provisions of the Agreement shall remain in full force
and effect for the duration of the Agreement.
b. In the event that any provision of the MOU should be found invalid, unconstitutional, unlawful
or unenforceable, the City and the Association agree to meet and confer in a timely manner in
an attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed
provision of the Agreement and shall not in any way modify or impact the remaining provisions
of the existing MOU.
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SECTION 1.4 SOLE AGREEMENT
a. The City and the Association agree that to the extent that any provision addressing wages,
hours, and terms and conditions of employment negotiable under the Meyers -Milias-Brown
Act found outside this MOU and are in conflict thereof, this MOU shall pre vail.
b. If, during the term of the MOU, the parties should mutually agree to modify, amend, or alter
the provisions of this MOU in any respect, any such change shall be effective only if and when
reduced to writing and executed by the authorized representatives of the City and the
Association. Any such changes validly made shall become part of this MOU and subject to its
terms.
SECTION 1.5 FULL FORCE AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of
bargaining under the Meyers-Milias-Brown Act, including those set in this MOU, shall remain
in full force and effect during the term of this MOU unless changed by mutual agreement.
b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the
Association.
SECTION 1.6 GENERAL PROVISIONS
The parties agree to meet and confer with respect to any subject or matter within the scope of
representation upon request. Provided, however, that any changes which fall within the scope of
representation shall be by mutual agreement.
Except as set forth in this Memorandum of Understanding, and unless the Association agrees to
reopen negotiations on a particular bargaining subject, the parties agree that there shall be no
changes during the life of this MOU in the wage rates, benefits, or other terms and conditions of
employment subject to the Meet-and-Confer process.
In the event any new practice, subject or matter arises during the term of this agreement which is
within the scope of representation and an action is proposed by the City, the Association shall be
afforded all possible advance notice and shall have the ri ght to meet and confer upon request. In
the case of an emergency and, in the absence of an agreement on such a proposed action, the City
reserves its lawful management rights to take any action(s) deemed necessary and the Association
reserves its rights to take any lawful action deemed necessary.
ITEM NUMBER: C-2
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ATTACHMENT: 3
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ARTICLE II - PAY PROVISIONS
SECTION 2.1 SALARY
This three (3) year agreement shall provide salary increases according to the following formula
and schedules:
Year 1: The City understands and appreciates the need to retain our quality employees and the City
acknowledges that the wages paid for certain positions are below the comparable wages for other
cities within the County. Because the City hopes to increase retention and attraction of professional
employees, the following salary adjustments will be made:
The Associate Civil Engineer/Storm Water Manager position shall be increased by a total
of 4.75% (four point seven five percent)
The Associate Civil Engineer/Storm Water Manager- Registered Engineer position shall
be increased by a total of 5% (five point zero percent)
The Recreation Supervisor position shall be increased by a total of approximately 10% (ten
point zero percent)
The Operations Manager shall be increased by a total of approximately 15.5% (fifteen point
five percent)
The increases for Year 1 are intended to include a both a Cost of Living Adjustment (COLA)
component and an inequity adjustment.
This one (1) year agreement shall provide no salary increases.
The following monthly salaries are effective July 1, 20201:
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Associate Civil Engineer/Storm Water
Manager 6,395.94$ 6,715.74$ 7,051.53$ 7,404.11$ 7,774.32$
Associate Civil Engineer/Storm Water
Manager/Registered Engineer 7,034.55$ 7,386.28$ 7,755.59$ 8,143.37$ 8,550.54$
Public Works Operations Manager 5,946.35$ 6,243.67$ 6,555.85$ 6,883.64$ 7,227.82$
Recreation Supervisor 4,892.08$ 5,136.68$ 5,393.51$ 5,663.19$ 5,946.35$
MONTHLY SALARY
Effective July 1, 2020
ITEM NUMBER: C-2
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CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Associate Civil Engineer/Storm Water
Manager 6,699.57 7,034.55 7,386.28 7,755.59 8,143.37
Associate Civil Engineer - Registered
Engineer 7,386.28 7,755.59 8,143.37 8,550.54 8,978.07
Public Works Operations Manager 6,867.01 7,210.36 7,570.88 7,949.42 8,346.89
Recreation Supervisor 5,380.16 5,649.17 5,931.63 6,228.21 6,539.62
MONTHLY SALARY
Effective July 1, 2021
Year 2- Effective July 1, 2022, all employees covered under this MOU shall receive a 4.0% (four
point zero percent) COLA salary increase. The following monthly salaries are effective July 1,
2022:
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Associate Civil Engineer/Storm Water
Manager 6,967.54 7,315.92 7,681.72 8,065.81 8,469.10
Associate Civil Engineer - Registered
Engineer 7,681.72 8,065.81 8,469.10 8,892.56 9,337.19
Public Works Operations Manager 7,141.65 7,498.73 7,873.67 8,267.35 8,680.72
Recreation Supervisor 5,595.71 5,875.50 6,169.28 6,477.74 6,801.63
MONTHLY SALARY
Effective July 1, 2022
Year 3- Effective July 1, 2023, all employees covered under this MOU shall receive a 3.5% (three
point five percent) COLA salary increase. The following monthly salaries are effective July 1,
2023:
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Associate Civil Engineer/Storm Water
Manager 7,211.40 7,571.97 7,950.57 8,348.10 8,765.51
Associate Civil Engineer - Registered
Engineer 7,950.57 8,348.10 8,765.51 9,203.79 9,663.98
Public Works Operations Manager 7,391.61 7,761.19 8,149.25 8,556.71 8,984.55
Recreation Supervisor 5,791.59 6,081.17 6,385.23 6,704.49 7,039.71
MONTHLY SALARY
Effective July 1, 2023
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 3
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SECTION 2.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to $1,600.00 per fiscal year for books, tuition and related
educational expenses for attending college or other professional training, providing the coursework
is job-related, and the employee received a passing grade.
SECTION 2.3 RETIREMENT
a. Employees are provided retirement benefits through the California Public Employees
Retirement System (CalPERS).
TIER 1
Miscellaneous Member employees covered under this MOU who were hired on or
before July 14, 2012 are provided benefits pursuant to the 2.5% @ 55 Benefit Formula
(Government Code Section 21354.4), Final Compensation 1 Year (G.C. Section 20042)
and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 3.3% (three
point three percent) of the Miscellaneous Member e mployee contribution of 8% (eight
percent). Miscellaneous Member employees will pay the remaining 4.7% (four point
seven percent) of the employee contribution.
TIER 2
Miscellaneous Member employees covered under this MOU who were hired between
July 14, 2012 and December 31, 2012, and Miscellaneous Member employees hired on
or after January 1, 2013 who meet the definition of a Classic Member under CalPERS,
are provided benefits pursuant to the 2% @ 55 Benefit Formula (G.C. Section 21354),
Final Compensation 3 Year (G.C. Section 20037) and Unused Sick Leave Credit (G.C.
Section 20965). The City will pay 2.3% (two point three percent) of the Miscellaneous
Member employee contribution of 7% (seven percent). Miscellaneous Member
employees will pay the remaining 4.7% (four point seven percent) of the employee
contribution.
TIER 3
Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA),
Miscellaneous Member employees covered under this MOU who were hired on or after
January 1, 2013 who meet the definition of a CalPERS new member under PEPRA are
provided benefits pursuant to 2% @ 62 Benefit Formula (G.C. Section 7522.20) with
Final Compensation 3 Year (G.C. Section 20037). The Miscellaneous Member
employee will pay a member contribution rate of 50% (fifty percent) of the expected
normal cost rate.
b. Employee contributions shall be contributed to CalPERS on a pre-tax basis.
c. The City pays and reports the value of Employer Paid Member Contributions (EPMC) for
Tier 1 employees and for Tier 2 employees as described in Resolution No. 2003-073.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 3
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SECTION 2.4 SICK LEAVE/STAY WELL PLAN
a. Sick leave accumulates at a rate of eight (8) hours (one day) per month. There is no limit to
the accumulation.
b. Employees with forty-eight (48) or more days of accumulated sick leave shall be eligible for
the Stay Well Bonus. The Stay Well Bonus will be implemented as follows:
1. The sick leave pay-off will occur during the twelve- (12) month period beginning the
first day after the second pay period in October and ending on the last day of the second
pay period in October of the following year after an employee has accumulated and
maintained 48 days sick leave.
2. Once the eligibility requirements have been met, an employee may opt to receive a pay-
off equal to one-third (1/3) of the unused annual allotment of sick leave. The annual
allotment is 95.94 hours.
3. Checks will be prepared by December 15 of each year.
c. In any calendar year, up to two days (16 hours) of sick leave may be used for personal reasons
without explanation. These days are not intended as vacation days and may not be used to
extend vacations.
d. An employee may use in any calendar year accrued sick leave, up to the amount earned during
twelve (12) months employment, to attend to the illness of the following family members:
1. The employee’s child (including biological, foster, or adopted child, a stepchild, a legal
ward, a child of a domestic partner, or a child of a person standing in loco parentis).
2. The employee’s parent (including biological, foster, or adoptive parent, a stepparent,
or a legal guardian).
3. The employee’s spouse or domestic partner.
If the employee is performing satisfactorily and the employee’s workload would not be
negatively impacted, the Department Head may approve additional time off, up to the amount
earned during three (3) months of employment, for Family Care.
Family Care leave may also qualify for protection under the FMLA and/or CFRA, and any
Family Care leave granted under this section shall run concurrently with FMLA and/or CFRA
leave. FMLA/CFRA leave is addressed in a separate City policy.
SECTION 2.5 SICK LEAVE PAYBACK
When an employee terminates employment in good standing, after five (5) years of continuous
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 3
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service with the City of Atascadero in a mid-management position, as defined by this MOU, he/she
shall be paid one-half of his/her accumulated Sick Leave.
SECTION 2.6 ADMINISTRATIVE LEAVE
a. Each employee will receive forty-eight (48) hours of Administrative Leave, which will vest as
of July 1 annually. Except as provided below, Administrative Leave will not be carried over
or accrue from one fiscal year to the next.
b. If an employee is unable to use his/her Administrative Leave prior to the end of the fiscal year
for work related reasons beyond his/her control (as verified by the Department Head), said
leave will be carried over into the next fiscal year for a period not to exceed three (3) months.
Said time will be available to the employee for use during that period, but will not be accrued
for the purpose of payoff in the event of termination.
c. In the event an employee covered by this Agreement is employed after January 1 of the fiscal
year, the employee shall be eligible for twenty-four (24) hours of Administrative Leave.
SECTION 2.7 BEREAVEMENT LEAVE
The City shall provide up to twenty-four (24) hours of paid bereavement leave for bereavement
purposes. Bereavement purposes include (1) the death of a member of the employee’s immediate
family, and (2) the critical illness of a member of the employee’s immediate family where death
appears to be imminent. The amount of bereavement leave provided under this section is twenty
four (24) hours per family member.
The employee may be required to submit proof of a relative's death or critical illness before final
approval of leave is granted.
For purposes of this section, “immediate family” means: spouse or domestic partner, parent
(including biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent,
grandchild, child (including biological, foster, or adopted child, a stepchild, a legal ward, a child
of a domestic partner, or a child of a person standing in loco parentis), brother, sister, aunt, uncle,
son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law or
significant other.
Twenty-four (24) hours of the paid absence shall be considered "bereavement leave", and any
remaining time shall be from other paid time off available to the employee.
When an employee has exhausted the bereavement leave provided in this section, the employee
may submit a request to his/her Department Head and request additional time off work. If
approved, the employee must use their other accrued paid leave. The employee may elect which
accrued paid leave he/she shall use during the additional leave. However, the employee may not
use more than forty (40) hours of accrued sick leave for bereavement purposes. If the additional
leave approved by the Department Head is longer than forty (40) hours, the employee is required
to use accrued paid leave other than sick leave.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 3
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SECTION 2.8 – HOLIDAYS
The City shall recognize the following days as official City holidays.
Holiday Day Observed
New Year's Day January 1
Martin Luther King Jr. Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Friday after Thanksgiving
Christmas Eve Day December 24
Christmas Day December 25
"Floating" Holiday Off As Scheduled; Accrues January 1
Each classification covered under this agreement and employed by the City as of January 1st of
each year shall be eligible for one floating holiday (8 hours). Floating holidays must have prior
department approval and shall be consistent with the efficient operation of the department. The
floating holiday may be used between January 1 and December 31 of each year.
SECTION 2.9 VACATION LEAVE
a. Employees shall be entitled to vacation leave consistent with the City of Atascadero Personnel
System Rules.
b. In addition to the vacation leave accrued as outlined in Section 15.2 B of the City of Atascadero
Personnel System Rules, employees shall receive:
An additional two days of vacation annually upon completing 15 years of service
for a total accrual of 22 days per year or 6.77 hours per pay period; and
Two more days of vacation annually upon completing 20 years of service for a total
accrual of 24 days per year or 7.385 hours per pay period.
SECTION 2.10 DEFERRED COMPENSATION MATCH
The City will match an eligible employee’s contribution to a deferred compensation program. The
match will be up to a maximum of $250 annually for classifications covered under this agreement.
All deferred compensation contributions are fully vested in the employee and shall not be available
to the City.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 3
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SECTION 2.11 LONGEVITY EXCLUSIVELY AS SECTION 457 CONTRIBUTION
a. For those active employees that have attained 10 years of continuous full time employment,
the City, consistent with sections (b) through (f) below, shall deposit funds into a separate
deferred compensation plan Section 457 account for each employee in the following
amounts:
i. Fiscal Year 2021-2022: $50 for each whole year of continuous full-time
employment with the City
ii. After July 1, 2022: $100 per year for each whole year of continuous full -time
employment with the City
b. Only employees who have received an overall rating of “satisfactory” or better on their las t
evaluation on file will be eligible for the longevity 457 contribution.
c. Whole years of full time employment shall be determined on September 1st of each year
for each active employee.
d. Fractions of a year will be rounded down to the nearest whole year.
e. For Fiscal Year 2021-2022, deposit into the deferred compensation account shall be made
in one lump sum no later than 60 days after execution of this MOU. Thereafter, deposit
into the deferred compensation account shall be made in one lump sum annually no la ter
than the second pay period in September.
f. Based on title 2 of the California Code of Regulations Section 571, the annual City deferred
contribution for longevity into the separate deferred compensation plan, will not be
considered special compensation, will not be reported to CalPERS as compensati on and
will not be considered as compensation when calculating an employee’s retirement
benefits. In the event that CalPERS at some time in the future determines that the longevity
Section 457 Contribution meets the definition of “Special Compensation”, b oth parties
agree to reopen negotiations related to the financial impacts and implementation of this
issue.
SECTION 2.11 12 WORK SHOES
The City shall contribute Two Hundred and Fifty ($200250.00) Dollars per fiscal year for the
purchase of appropriate footwear, as determined by the Department Head, to employees in the
following positions:
Associate Civil Engineer/Storm Water Manager
Associate Civil Engineer/Storm Water Manager/Registered Engineer
Public Works Operations Manager
Recreation Supervisor
Appropriate work shoes shall be worn by employees covered under this MOU who are exposed to
potential foot injuries from hot, corrosive, poisonous substances, falling objects, crushing or
penetration actions.
Work shoes not appropriate and/or not approved shall be tennis shoes, sandals, deck shoes, canvas
shoes, athletic shoes, open toe shoes, dress shoes and any other shoe easily penetrated.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 3
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Proof of purchase is required. Once purchased, such appropriate footwear must be worn while
working.
ARTICLE III - HEALTH AND WELFARE
SECTION 3.1 HEALTH INSURANCE COVERAGE
1. For unit members who elect to have “Family” coverage, the City shall pay an amount not
to exceed $1,967.912,035.57 per month for employees electing Family coverage. The City
contribution shall go toward the cost of all medical, dental, vision and life insurance benefit
premiums for the unit member employee and dependents . City shall pay for increased costs
to medical, dental, vision and life insurance premiums for the employee and fifty percent
(50%) of increased costs for dependents based upon HMO plan costs.
2. For unit members who elect to have ‘Employee +1” coverage, the City shall pay an amount
not to exceed $1,461.281,513.88 per month for employees electing Employee +1 coverage.
The City contribution shall go toward the cost of all medical, dental, vision and life
insurance benefit premiums for the unit member employee and dependent. City shall pay
for increased costs to medical, dental, vision and life insurance premiums for the employee
and fifty percent (50%) of increased costs for the dependent based upon HMO plan costs.
3. For unit members who elect to have “Employee Only” coverage, the City shall pay an
amount not to exceed $1,042.681,076.83 per month for employees electing Employee Only
coverage. The City contribution shall go toward the cost of all medical, dental, vision and
life insurance benefit premiums for the unit member employee. City shall pay for increased
costs to medical, dental, vision and life insurance premiums for the employee based upon
the HMO plan costs.
For unit members who elect to have “Employee Only” coverage, available funds remaining
from the City’s contribution toward insurance coverage shall be paid to an employee hired
on or before September 1, 2000 as additional compensation. This amount shall not exceed
$240.56 per month.
SECTION 3.2 LIFE INSURANCE
The City shall provide a term life insurance policy on each employee in the amount of Fifty-
Thousand Dollars ($50,000).
The City shall provide a term life insurance policy for each eligible dependent enrolled in health
coverage in the amount of One Thousand Dollars ($1,000) per dependent.
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 3
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SECTION 3.3 – LONG TERM DISABILITY INSURANCE
The City shall provide a City-paid program to provide Long-Term Disability Insurance for all
classifications covered under this agreement.
ARTICLE IV - CLOSING PROVISIONS
SECTION 4.1 TERM
The term of this MOU shall commence on July 1, 20201, and expire on June 30, 20214.
SECTION 4.2 JOINT COMMITMENT TO FAIR AND REASONABLE CHANGES TO
THE CALPERS SYSTEM
The interests of the City and the Association are generally aligned: both seek fair and reasonable
changes to the CalPERS system to ensure long-term sustainability of the system. Needed State-level
changes acceptable to both executive management and City labor groups are most likely to be
initiated by CalPERS member agencies and labor, working collaboratively.
The City and the Association hereby jointly commit to:
Request state-level membership organizations (e.g., the League of California Cities, state-
wide labor affiliates) to alert and engage members, to make this issue a priority, and
encourage committing to a set of collaborative solutions;
Encourage, educate, and engage peers (e.g., other cities, other labor groups) to make this
issue a priority and to lend their voice to our jointly agreed upon request to state-level
membership organizations;
Jointly analyze options with an open mind as to potential solutions; and
Other potential collaborative efforts as they arise.
SECTION 4.3 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following
representatives:
_______________________ _______________ ________________________
Mid Mgmt./Prof. Date Mid Mgmt/Prof. Date
CITY OF ATASCADERO
_______________________ _______________ ________________________
Mayor Date City Manager Date
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 3
Page 180 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 4
Side Letter of Agreement
City of Atascadero
And
Local 620 Service Employees International Union Atascadero Chapter
September 28, 2021
Pursuant to the provisions of the Meyers-Milias-Brown Act (“MMBA”), and Sections 1.4.b and
6.2 of the Memorandum of Understanding (“MOU”) between the City of Atascadero (“City”) and
the Local 620 Service Employees International Union Atascadero Chapter (“Union”) effective July
1, 2014 through June 30, 2016 (“MOU”), this Side Letter of Agreement (“Side Letter
Agreement”) is entered into on September 28, 2021, between the City and the Union as an
amendment to the MOU. The Union and the City are collectively referred to herein as the
“parties.” It is understood and agreed that the specific provisions contained in this Side Letter
Agreement shall supersede any previous agreements, whether oral and written, regarding the
matters contained herein. Except as provided herein, all wages, hours and other terms and
conditions of employment presently enjoyed by the Union in the MOU shall remain in full force
and effect.
The City and Union have met and conferred in good faith concerning the terms and conditions of
this Side Letter Agreement and its implementation and agree to the following:
SECTION 4.1 SALARY shall be amended as follows:
Year 1- Effective July 1, 2021 all employees covered under this MOU shall receive a 4.55.0%
(four five point five zero percent) salary increase. The following monthly salaries are effective
July 1, 2021:
Page 181 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 4
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Account Clerk II 3,535.98 3,712.78 3,898.42 4,093.34 4,298.01
Administrative Assistant 4,405.44 4,625.71 4,857.00 5,099.85 5,354.84
Administrative Support Assistant 3,712.78 3,898.42 4,093.34 4,298.01 4,512.91
Assistant Planner 4,857.00 5,099.85 5,354.84 5,622.58 5,903.71
Associate Planner 5,622.58 5,903.71 6,198.90 6,508.85 6,834.29
Building Inspector I 4,625.71 4,857.00 5,099.85 5,354.84 5,622.58
Building Inspector II 5,099.85 5,354.84 5,622.58 5,903.71 6,198.90
Building Maintenance Specialist 3,712.78 3,898.42 4,093.34 4,298.01 4,512.91
Finance Technician 4,405.44 4,625.71 4,857.00 5,099.85 5,354.84
Inspector 4,625.71 4,857.00 5,099.85 5,354.84 5,622.58
Lead Zookeeper 3,898.42 4,093.34 4,298.01 4,512.91 4,738.56
Maintenance Worker I 3,287.41 3,451.78 3,624.37 3,805.59 3,995.87
Maintenance Worker II 3,712.78 3,898.42 4,093.34 4,298.01 4,512.91
Office Assistant II 3,287.41 3,451.78 3,624.37 3,805.59 3,995.87
Office Assistant III 3,535.98 3,712.78 3,898.42 4,093.34 4,298.01
Public Works Inspector 4,857.00 5,099.85 5,354.84 5,622.58 5,903.71
Recreation Coordinator 4,195.66 4,405.44 4,625.71 4,857.00 5,099.85
Senior Building Maintenance Specialist 4,195.66 4,405.44 4,625.71 4,857.00 5,099.85
Senior Maintenance Worker 4,195.66 4,405.44 4,625.71 4,857.00 5,099.85
Senior Planner 6,198.90 6,508.85 6,834.29 7,176.00 7,534.80
Senior Technical Support Specialist 5,099.85 5,354.84 5,622.58 5,903.71 6,198.90
Systems Administrator III 6,198.90 6,508.85 6,834.29 7,176.00 7,534.80
Technical Support Specialist II 4,405.44 4,625.71 4,857.00 5,099.85 5,354.84
Website and Social Media Technician 4,405.44 4,625.71 4,857.00 5,099.85 5,354.84
WWTP Operator I 3,995.87 4,195.66 4,405.44 4,625.71 4,857.00
WWTP Operator II 4,405.44 4,625.71 4,857.00 5,099.85 5,354.84
WWTP Operator in Training 3,535.98 3,712.78 3,898.42 4,093.34 4,298.01
Zoo Education Curator 3,367.60 3,535.98 3,712.78 3,898.42 4,093.34
Zookeeper I 3,287.41 3,451.78 3,624.37 3,805.59 3,995.87
MONTHLY SALARY
Effective July 1, 2021
Year 1: Effective July 1, 2021 an additional $162,000 will be placed in an inequity pool for
further adjustment of selected positions. Calculation of costs shall include all roll-up (City paid
payroll taxes, retirement, workers compensation, unemployment and other payroll costs) and be
based on step E for all positions. Adjustment of positions will be based on market comparison
to other cities in the County and the City’s recent experience in attracting and retaining qualified
applicants/employees in the position. Proposed adjustments and methodology will be determined
through the meet and confer process. It is the intent of the City to work with SEIU to swiftly
determine which positions will be adjusted with the aim to have final decisions by October 2021.
All inequity adjustments will be retroactive back to July 1, 2021 for any active employee.
Page 182 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 4
The City understands and appreciates the need to retain our quality employees and the City
acknowledges that the wages paid for certain positions are below the comparable wages for other
cities within the County. The City hopes to increase retention and attraction of professional
employees, therefore effective July 1, 2021 for any employee in active status on the date of
execution of this side letter, the following inequity adjustments will be made:
a. The following positions will move up one range (approximately a 2.5% (two point five
percent) adjustment to base salary) in addition to the COLA salary increase above:
Associate Planner
Building Maintenance Specialist
Finance Technician
Maintenance Worker I
Senior Building Maintenance Specialist
Senior Maintenance Worker
Systems Administrator III
Zookeeper I
b. The following positions will move up two ranges (approximately a 5.0% (five point zero
percent) adjustment to base salary) in addition to the COLA salary increase above:
Account Clerk II
Assistant Planner
Maintenance Worker II
Office Assistant II
Office Assistant III
Recreation Coordinator
WWTP Operator I
c. The following positions will move up three ranges (approximately a 7.5% (seven point
zero percent) adjustment to base salary) in addition to the COLA salary increase above:
Administrative Support Assistant
Building Inspector I
Lead Zookeeper
Public Works Inspector
Senior Planner
d. The following positions will move up four ranges (approximately a 10.0% (ten point zero
percent) adjustment to existing salary) in addition to the COLA salary increase above:
Building Inspector II
Senior Technical Support Specialist
WWTP Operator II
The following monthly salaries are effective July 1, 2021 for any active employee as of the
execution date of this side letter:
Page 183 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 4
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Account Clerk II 3,730.56 3,917.09 4,112.94 4,318.59 4,534.52
Administrative Assistant 4,426.55 4,647.88 4,880.27 5,124.28 5,380.49
Administrative Support Assistant 4,015.01 4,215.76 4,426.55 4,647.88 4,880.27
Assistant Planner 5,124.28 5,380.49 5,649.51 5,931.99 6,228.59
Associate Planner 5,787.33 6,076.70 6,380.54 6,699.57 7,034.55
Building Inspector I 4,999.31 5,249.28 5,511.74 5,787.33 6,076.70
Building Inspector II 5,649.51 5,931.99 6,228.59 6,540.02 6,867.02
Building Maintenance Specialist 3,823.82 4,015.01 4,215.76 4,426.55 4,647.88
Finance Technician 4,534.52 4,761.25 4,999.31 5,249.28 5,511.74
Inspector 4,647.88 4,880.27 5,124.28 5,380.49 5,649.51
Lead Zookeeper 4,215.76 4,426.55 4,647.88 4,880.27 5,124.28
Maintenance Worker I 3,383.72 3,552.91 3,730.56 3,917.09 4,112.94
Maintenance Worker II 3,917.09 4,112.94 4,318.59 4,534.52 4,761.25
Office Assistant II 3,468.31 3,641.73 3,823.82 4,015.01 4,215.76
Office Assistant III 3,730.56 3,917.09 4,112.94 4,318.59 4,534.52
Public Works Inspector 5,249.28 5,511.74 5,787.33 6,076.70 6,380.54
Recreation Coordinator 4,426.55 4,647.88 4,880.27 5,124.28 5,380.49
Senior Building Maintenance Specialist 4,318.59 4,534.52 4,761.25 4,999.31 5,249.28
Senior Maintenance Worker 4,318.59 4,534.52 4,761.25 4,999.31 5,249.28
Senior Planner 6,699.57 7,034.55 7,386.28 7,755.59 8,143.37
Senior Technical Support Specialist 5,649.51 5,931.99 6,228.59 6,540.02 6,867.02
Systems Administrator III 6,380.54 6,699.57 7,034.55 7,386.28 7,755.59
Technical Support Specialist II 4,426.55 4,647.88 4,880.27 5,124.28 5,380.49
Website and Social Media Technician 4,426.55 4,647.88 4,880.27 5,124.28 5,380.49
WWTP Operator I 4,215.76 4,426.55 4,647.88 4,880.27 5,124.28
WWTP Operator II 4,880.27 5,124.28 5,380.49 5,649.51 5,931.99
WWTP Operator in Training 3,552.91 3,730.56 3,917.09 4,112.94 4,318.59
Zoo Education Curator 3,383.72 3,552.91 3,730.56 3,917.09 4,112.94
Zookeeper I 3,383.72 3,552.91 3,730.56 3,917.09 4,112.94
MONTHLY SALARY
Approved September 28, 2021
Effective July 1, 2021
Year 2 - Effective July 1, 2022, all positions covered under this MOU shall receive a 3.754.0%
(three four point seven fivezero percent) salary increase. The following monthly salaries become
effective July 1, 2022:
Page 184 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 4
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Account Clerk II 3,879.78 4,073.77 4,277.46 4,491.33 4,715.90
Administrative Assistant 4,603.61 4,833.79 5,075.48 5,329.25 5,595.71
Administrative Support Assistant 4,175.61 4,384.39 4,603.61 4,833.79 5,075.48
Assistant Planner 5,329.25 5,595.71 5,875.50 6,169.28 6,477.74
Associate Planner 6,018.82 6,319.76 6,635.75 6,967.54 7,315.92
Building Inspector I 5,199.29 5,459.25 5,732.21 6,018.82 6,319.76
Building Inspector II 5,875.50 6,169.28 6,477.74 6,801.63 7,141.71
Building Maintenance Specialist 3,976.77 4,175.61 4,384.39 4,603.61 4,833.79
Finance Technician 4,715.90 4,951.70 5,199.29 5,459.25 5,732.21
Inspector 4,833.79 5,075.48 5,329.25 5,595.71 5,875.50
Lead Zookeeper 4,384.39 4,603.61 4,833.79 5,075.48 5,329.25
Maintenance Worker I 3,519.08 3,695.03 3,879.78 4,073.77 4,277.46
Maintenance Worker II 4,073.77 4,277.46 4,491.33 4,715.90 4,951.70
Office Assistant II 3,607.05 3,787.40 3,976.77 4,175.61 4,384.39
Office Assistant III 3,879.78 4,073.77 4,277.46 4,491.33 4,715.90
Public Works Inspector 5,459.25 5,732.21 6,018.82 6,319.76 6,635.75
Recreation Coordinator 4,603.61 4,833.79 5,075.48 5,329.25 5,595.71
Senior Building Maintenance Specialist 4,491.33 4,715.90 4,951.70 5,199.29 5,459.25
Senior Maintenance Worker 4,491.33 4,715.90 4,951.70 5,199.29 5,459.25
Senior Planner 6,967.54 7,315.92 7,681.72 8,065.81 8,469.10
Senior Technical Support Specialist 5,875.50 6,169.28 6,477.74 6,801.63 7,141.71
Systems Administrator III 6,635.75 6,967.54 7,315.92 7,681.72 8,065.81
Technical Support Specialist II 4,603.61 4,833.79 5,075.48 5,329.25 5,595.71
Website and Social Media Technician 4,603.61 4,833.79 5,075.48 5,329.25 5,595.71
WWTP Operator I 4,384.39 4,603.61 4,833.79 5,075.48 5,329.25
WWTP Operator II 5,075.48 5,329.25 5,595.71 5,875.50 6,169.28
WWTP Operator in Training 3,695.03 3,879.78 4,073.77 4,277.46 4,491.33
Zoo Education Curator 3,519.08 3,695.03 3,879.78 4,073.77 4,277.46
Zookeeper I 3,519.08 3,695.03 3,879.78 4,073.77 4,277.46
MONTHLY SALARY
Approved September 28, 2021
Effective July 1, 2022
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ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 4
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Account Clerk II 3,668.57 3,852.00 4,044.60 4,246.83 4,459.17
Administrative Assistant 4,570.64 4,799.17 5,039.13 5,291.09 5,555.64
Administrative Support Assistant 3,852.00 4,044.60 4,246.83 4,459.17 4,682.13
Assistant Planner 5,039.13 5,291.09 5,555.64 5,833.42 6,125.09
Associate Planner 5,833.42 6,125.09 6,431.34 6,752.91 7,090.56
Building Inspector I 4,799.17 5,039.13 5,291.09 5,555.64 5,833.42
Building Inspector II 5,291.09 5,555.64 5,833.42 6,125.09 6,431.34
Building Maintenance Specialist 3,852.00 4,044.60 4,246.83 4,459.17 4,682.13
Finance Technician 4,570.64 4,799.17 5,039.13 5,291.09 5,555.64
Inspector 4,799.17 5,039.13 5,291.09 5,555.64 5,833.42
Lead Zookeeper 4,044.60 4,246.83 4,459.17 4,682.13 4,916.24
Maintenance Worker I 3,410.69 3,581.22 3,760.28 3,948.29 4,145.70
Maintenance Worker II 3,852.00 4,044.60 4,246.83 4,459.17 4,682.13
Office Assistant II 3,410.69 3,581.22 3,760.28 3,948.29 4,145.70
Office Assistant III 3,668.57 3,852.00 4,044.60 4,246.83 4,459.17
Public Works Inspector 5,039.13 5,291.09 5,555.64 5,833.42 6,125.09
Recreation Coordinator 4,352.99 4,570.64 4,799.17 5,039.13 5,291.09
Senior Building Maintenance Specialist 4,352.99 4,570.64 4,799.17 5,039.13 5,291.09
Senior Maintenance Worker 4,352.99 4,570.64 4,799.17 5,039.13 5,291.09
Senior Planner 6,431.34 6,752.91 7,090.56 7,445.09 7,817.34
Senior Technical Support Specialist 5,291.09 5,555.64 5,833.42 6,125.09 6,431.34
Systems Administrator III 6,431.34 6,752.91 7,090.56 7,445.09 7,817.34
Technical Support Specialist II 4,570.64 4,799.17 5,039.13 5,291.09 5,555.64
Website and Social Media Technician 4,570.64 4,799.17 5,039.13 5,291.09 5,555.64
WWTP Operator I 4,145.70 4,352.99 4,570.64 4,799.17 5,039.13
WWTP Operator II 4,570.64 4,799.17 5,039.13 5,291.09 5,555.64
WWTP Operator in Training 3,668.57 3,852.00 4,044.60 4,246.83 4,459.17
Zoo Education Curator 3,493.88 3,668.57 3,852.00 4,044.60 4,246.83
Zookeeper I 3,410.69 3,581.22 3,760.28 3,948.29 4,145.70
MONTHLY SALARY
Effective July 1, 2022
Year 3 - Effective July 1, 2023, all positions covered under this MOU shall receive a 3.5% (three
point five percent) salary increase. The following monthly salaries become effective July 1, 2023:
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ATTACHMENT: 4
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Account Clerk II 4,015.57 4,216.35 4,427.17 4,648.53 4,880.96
Administrative Assistant 4,764.75 5,002.99 5,253.14 5,515.80 5,791.59
Administrative Support Assistant 4,321.77 4,537.86 4,764.75 5,002.99 5,253.14
Assistant Planner 5,515.80 5,791.59 6,081.17 6,385.23 6,704.49
Associate Planner 6,229.48 6,540.95 6,868.00 7,211.40 7,571.97
Building Inspector I 5,381.26 5,650.32 5,932.84 6,229.48 6,540.95
Building Inspector II 6,081.17 6,385.23 6,704.49 7,039.71 7,391.70
Building Maintenance Specialist 4,115.97 4,321.77 4,537.86 4,764.75 5,002.99
Finance Technician 4,880.96 5,125.01 5,381.26 5,650.32 5,932.84
Inspector 5,002.99 5,253.14 5,515.80 5,791.59 6,081.17
Lead Zookeeper 4,537.86 4,764.75 5,002.99 5,253.14 5,515.80
Maintenance Worker I 3,642.24 3,824.35 4,015.57 4,216.35 4,427.17
Maintenance Worker II 4,216.35 4,427.17 4,648.53 4,880.96 5,125.01
Office Assistant II 3,733.30 3,919.97 4,115.97 4,321.77 4,537.86
Office Assistant III 4,015.57 4,216.35 4,427.17 4,648.53 4,880.96
Public Works Inspector 5,650.32 5,932.84 6,229.48 6,540.95 6,868.00
Recreation Coordinator 4,764.75 5,002.99 5,253.14 5,515.80 5,791.59
Senior Building Maintenance Specialist 4,648.53 4,880.96 5,125.01 5,381.26 5,650.32
Senior Maintenance Worker 4,648.53 4,880.96 5,125.01 5,381.26 5,650.32
Senior Planner 7,211.40 7,571.97 7,950.57 8,348.10 8,765.51
Senior Technical Support Specialist 6,081.17 6,385.23 6,704.49 7,039.71 7,391.70
Systems Administrator III 6,868.00 7,211.40 7,571.97 7,950.57 8,348.10
Technical Support Specialist II 4,764.75 5,002.99 5,253.14 5,515.80 5,791.59
Website and Social Media Technician 4,764.75 5,002.99 5,253.14 5,515.80 5,791.59
WWTP Operator I 4,537.86 4,764.75 5,002.99 5,253.14 5,515.80
WWTP Operator II 5,253.14 5,515.80 5,791.59 6,081.17 6,385.23
WWTP Operator in Training 3,824.35 4,015.57 4,216.35 4,427.17 4,648.53
Zoo Education Curator 3,642.24 3,824.35 4,015.57 4,216.35 4,427.17
Zookeeper I 3,642.24 3,824.35 4,015.57 4,216.35 4,427.17
MONTHLY SALARY
Approved September 28, 2021
Effective July 1, 2023
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ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 4
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Account Clerk II 3,796.98 3,986.83 4,186.17 4,395.48 4,615.25
Administrative Assistant 4,730.64 4,967.17 5,215.53 5,476.31 5,750.13
Administrative Support Assistant 3,986.83 4,186.17 4,395.48 4,615.25 4,846.01
Assistant Planner 5,215.53 5,476.31 5,750.13 6,037.64 6,339.52
Associate Planner 6,037.64 6,339.52 6,656.50 6,989.33 7,338.80
Building Inspector I 4,967.17 5,215.53 5,476.31 5,750.13 6,037.64
Building Inspector II 5,476.31 5,750.13 6,037.64 6,339.52 6,656.50
Building Maintenance Specialist 3,986.83 4,186.17 4,395.48 4,615.25 4,846.01
Finance Technician 4,730.64 4,967.17 5,215.53 5,476.31 5,750.13
Inspector 4,967.17 5,215.53 5,476.31 5,750.13 6,037.64
Lead Zookeeper 4,186.17 4,395.48 4,615.25 4,846.01 5,088.31
Maintenance Worker I 3,530.07 3,706.57 3,891.90 4,086.50 4,290.83
Maintenance Worker II 3,986.83 4,186.17 4,395.48 4,615.25 4,846.01
Office Assistant II 3,530.07 3,706.57 3,891.90 4,086.50 4,290.83
Office Assistant III 3,796.98 3,986.83 4,186.17 4,395.48 4,615.25
Public Works Inspector 5,215.53 5,476.31 5,750.13 6,037.64 6,339.52
Recreation Coordinator 4,505.37 4,730.64 4,967.17 5,215.53 5,476.31
Senior Building Maintenance Specialist 4,505.37 4,730.64 4,967.17 5,215.53 5,476.31
Senior Maintenance Worker 4,505.37 4,730.64 4,967.17 5,215.53 5,476.31
Senior Planner 6,656.50 6,989.33 7,338.80 7,705.74 8,091.03
Senior Technical Support Specialist 5,476.31 5,750.13 6,037.64 6,339.52 6,656.50
Systems Administrator III 6,656.50 6,989.33 7,338.80 7,705.74 8,091.03
Technical Support Specialist II 4,730.64 4,967.17 5,215.53 5,476.31 5,750.13
Website and Social Media Technician 4,730.64 4,967.17 5,215.53 5,476.31 5,750.13
WWTP Operator I 4,290.83 4,505.37 4,730.64 4,967.17 5,215.53
WWTP Operator II 4,730.64 4,967.17 5,215.53 5,476.31 5,750.13
WWTP Operator in Training 3,796.98 3,986.83 4,186.17 4,395.48 4,615.25
Zoo Education Curator 3,616.17 3,796.98 3,986.83 4,186.17 4,395.48
Zookeeper I 3,530.07 3,706.57 3,891.90 4,086.50 4,290.83
MONTHLY SALARY
Effective July 1, 2023
a. Movement between steps shall be at twelve-month intervals and subject to satisfactory
performance. The initial step movement after hiring, however, shall be after twelve months
or after completion of probation, whichever occurs later. Employees may receive step
increases at a period of less than twelve (12) months upon recommendation of the department
head and approval of the City Manager.
The City is committed to providing evaluations and step increases in a timely manner. At the
request of designated Union representatives, but not more than monthly, designated Union
representatives shall be provided a list of evaluations that are more than 30 days overdue for
those employees that are eligible for a step increase. It is understood that Union
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ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 4
representatives will be contacting the supervisor or department head of employees on the list,
urging the supervisor to make the evaluation a priority.
b. An employee who is promoted shall receive a salary increase of at least one step (5%).
Therefore, the employee shall be placed on step “A”, or that step which produces at least a
one-step salary increase.
c. The parties agree that the salary survey jurisdictions for unit classifications under this M.O.U.
shall be the cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles,
Pismo Beach, and San Luis Obispo.
City of Atascadero
Date: ____________________________ Date: ____________________________
By: ____________________________
SEIU
By: ____________________________
Rachelle Rickard, City Manager
Date: ____________________________ Date: ____________________________
By: ____________________________
SEIU
By: ____________________________
Heather Moreno, Mayor
Date: ____________________________
By: ____________________________
SEIU
Date: ____________________________
By: ____________________________
SEIU
Page 189 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, ESTABLISHING
THE COMPENSATION AND BENEFIT PLAN FOR
NON-REPRESENTED PROFESSIONAL AND MANAGEMENT
WORKERS AND CONFIDENTIAL EMPLOYEES,
EFFECTIVE JULY 1, 20202021 – JUNE 30, 20212024
WHEREAS, the Government Code of the State of California prescribes a procedure for
discussing and resolving matters regarding wages, hours and other terms and conditions of
employment; and
WHEREAS, the City Personnel System Rules provided for a Compensation Plan; and
WHEREAS, the City desires to set forth salaries and benefits for Non-Represented
Professional and Management workers and Confidential employees; and
WHEREAS, the City Council adopted Resolution 2019-074 on September 10, 2019,
establishing the compensation and benefit plan for Non-Represented Professional and
Management workers and Confidential employees.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero
that all prior Resolutions for Non-Represented employees are repealed; and the Professional and
Management workers and Confidential employees Compensation and Benefit Plan is hereby
established as follows:
Positions
The following positions are included in this Resolution. The City Manager and Department Heads
have individual employment agreements defining other terms and conditions of employment not
described herein.
Executive Management Positions
Administrative Services Director
Deputy City Manager
City Manager
Community Development Director
Fire Chief
Police Chief
Public Works Director
Page 190 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
Management Positions
Battalion Chief
Deputy Administrative Services Director
Deputy Community Development Director
Deputy Community Development Director/Building Official/Economic Development Director
Deputy Public Works Director
Information Technology Manager
Police LieutenantCommander
Public Works Analyst
Zoo Director
Confidential (Includes only designated positions within the classifications)
Accounting Specialist
Administrative Assistant
Finance Technician
Personnel Specialist
Salaries
This three (3) year agreement shall provide salary increases according to the following formula
and schedule:
This one (1) year agreement shall provide no salary increases.
The following monthly salaries are effective July 1, 2020:
Page 191 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Accounting Specialist- Confidential 4,772.76$ 5,011.40$ 5,261.97$ 5,525.07$ 5,801.32$
Administrative Assistant- Confidential 4,329.04$ 4,545.49$ 4,772.76$ 5,011.40$ 5,261.97$
Administrative Services Director 9,814.08$ 10,304.78$ 10,820.02$ 11,361.02$ 11,929.07$
City Manager 12,757.43$ 13,395.30$ 14,065.07$ 14,768.32$ 15,506.74$
Community Development Director 9,814.08$ 10,304.78$ 10,820.02$ 11,361.02$ 11,929.07$
Deputy Administrative Services Director 7,689.59$ 8,074.07$ 8,477.77$ 8,901.66$ 9,346.74$
Deputy City Manager 7,689.59$ 8,074.07$ 8,477.77$ 8,901.66$ 9,346.74$
Deputy Community Development Director 8,074.07$ 8,477.77$ 8,901.66$ 9,346.74$ 9,814.08$
Deputy Community Development
Director / Building Official / Economic
Development Director 9,124.23$ 9,580.44$ 10,059.46$ 10,562.43$ 11,090.55$
Deputy Public Works Director 7,689.59$ 8,074.07$ 8,477.77$ 8,901.66$ 9,346.74$
Finance Technician- Confidential 4,329.04$ 4,545.49$ 4,772.76$ 5,011.40$ 5,261.97$
Fire Battalion Chief 8,074.07$ 8,477.77$ 8,901.66$ 9,346.74$ 9,814.08$
Fire Chief 11,079.30$ 11,633.27$ 12,214.93$ 12,825.68$ 13,466.96$
Information Technology Manager 6,883.64$ 7,227.82$ 7,589.21$ 7,968.67$ 8,367.10$
Personnel Specialist- Confidential 4,772.76$ 5,011.40$ 5,261.97$ 5,525.07$ 5,801.32$
Police Chief 11,079.30$ 11,633.27$ 12,214.93$ 12,825.68$ 13,466.96$
Police Lieutenant 8,074.07$ 8,477.77$ 8,901.66$ 9,346.74$ 9,814.08$
Public Works Director 9,814.08$ 10,304.78$ 10,820.02$ 11,361.02$ 11,929.07$
Zoo Director 6,808.64$ 7,149.07$ 7,506.52$ 7,881.85$ 8,275.94$
MONTHLY SALARY
Effective July 1, 2020
Year 1- Effective July 1, 2021 all employees covered under this MOU shall receive a 5.0% (five
point zero percent) salary increase.
The City understands and appreciates the need to retain our quality employees and the City
acknowledges that the wages paid for certain positions are below the comparable wages for other
cities within the County. Because the City hopes to increase retention and attraction of professional
employees, the following adjustments will be made:
a. The following positions will move up approximately one range and will be adjusted to fit
on an established salary range. This will result in approximately a 2.3% to 2.6% (two point
three percent to two point six percent) adjustment to base salary in addition to the COLA
salary increase above:
Accounting Specialist- Confidential (to range 26)
Administrative Assistant- Confidential (to range 22)
Finance Technician- Confidential (to range 26)
Fire Chief (to range M60)
Police Chief (to range M60)
b. The following positions will move up two ranges and will be adjusted to fit on an
established salary range in addition to the COLA salary increase above. This will result in
an approximately a 5% (five percent) adjustment to base salary in addition to the COLA
salary increase above:
City Manager
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ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
Deputy Administrative Services Director (to range M46)
Deputy Community Development Director (to range M46)
Deputy Public Works Director (to range M46)
c. The following positions will move up three ranges and will be adjusted to fit on an
established salary range in addition to the COLA salary increase above. This will result in
an approximately a 7.5% (seven point five percent) adjustment to base salary in addition
to the COLA salary increase above:
Administrative Services Director (to range M57)
Community Development Director (to range M57)
Personnel Specialist (to range 28)
Public Works Director (to range M57)
d. The following positions will move up three ranges and will be adjusted to fit on an
established salary range in addition to the COLA salary increase above. This will result in
an approximately a 9% (nine percent) adjustment to base salary in addition to the COLA
salary increase above:
Information Technology Manager (to range M43)
e. The following position will move up four ranges (approximately a 10.0% (ten point zero
percent) adjustment to existing salary) in addition to the COLA salary increase above:
Battalion Chief (to range M50)
Deputy City Manager (to range M48)
Police Commander (to range M50)
f. The City Manager Employment Agreement is being amended to reduce certain benefits
provided to the City Manager including a reduction of City contributions to the City
Manager’s 457 deferred compensation account (reduced by $1,000 per month and
elimination of “last 3 year catch-up”), reduction of the automobile allowance (reduced by
$200 per month), and elimination of certain reimbursements. In addition to the COLA
salary increase of 5% and the adjustment per “c” of 5%, and in consideration of these
reductions in benefits, the City Manager salary will be increased by an additional $970 per
month to range M69 Step E.
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ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
The following monthly salaries are effective July 1, 2021
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Accounting Specialist- Confidential 5,124.28 5,380.49 5,649.51 5,931.99 6,228.59
Administrative Assistant- Confidential 4,647.88 4,880.27 5,124.28 5,380.49 5,649.51
Administrative Services Director 11,090.08 11,644.58 12,226.81 12,838.15 13,480.06
Battalion Chief 9,351.94 9,819.54 10,310.52 10,826.05 11,367.35
City Manager 14,861.76 15,604.85 16,385.09 17,204.34 18,064.56
Community Development Director 11,090.08 11,644.58 12,226.81 12,838.15 13,480.06
Deputy Administrative Services Director 8,482.49 8,906.61 9,351.94 9,819.54 10,310.52
Deputy City Manager 8,906.61 9,351.94 9,819.54 10,310.52 10,826.05
Deputy Community Development Director 8,482.49 8,906.61 9,351.94 9,819.54 10,310.52
Deputy Community Development
Director / Building Official / Economic
Development Director
9,580.03 10,059.03 10,561.98 11,090.08 11,644.58
Deputy Public Works Director 8,482.49 8,906.61 9,351.94 9,819.54 10,310.52
Finance Technician- Confidential 4,647.88 4,880.27 5,124.28 5,380.49 5,649.51
Fire Chief 11,935.72 12,532.51 13,159.14 13,817.10 14,507.96
Information Technology Manager 7,881.52 8,275.59 8,689.37 9,123.84 9,580.03
Personnel Specialist- Confidential 5,380.49 5,649.51 5,931.99 6,228.59 6,540.02
Police Chief 11,935.72 12,532.51 13,159.14 13,817.10 14,507.96
Police Commander 9,351.94 9,819.54 10,310.52 10,826.05 11,367.35
Public Works Analyst 7,148.77 7,506.21 7,881.52 8,275.60 8,689.38
Public Works Director 11,090.08 11,644.58 12,226.81 12,838.15 13,480.06
Zoo Director 7,148.77 7,506.21 7,881.52 8,275.60 8,689.38
MONTHLY SALARY
Effective July 1, 2021
Page 194 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
Year 2- Effective July 1, 2022, all employees covered under this MOU shall receive a 4.0% (four
point zero) COLA salary increase. The following monthly salaries are effective July 1, 2022:
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Accounting Specialist- Confidential 5,329.25 5,595.71 5,875.50 6,169.28 6,477.74
Administrative Assistant- Confidential 4,833.79 5,075.48 5,329.25 5,595.71 5,875.50
Administrative Services Director 11,533.69 12,110.37 12,715.89 13,351.68 14,019.26
Battalion Chief 9,726.02 10,212.32 10,722.94 11,259.09 11,822.04
City Manager 15,456.23 16,229.04 17,040.49 17,892.51 18,787.14
Community Development Director 11,533.69 12,110.37 12,715.89 13,351.68 14,019.26
Deputy Administrative Services Director 8,821.79 9,262.88 9,726.02 10,212.32 10,722.94
Deputy City Manager 9,262.88 9,726.02 10,212.32 10,722.94 11,259.09
Deputy Community Development Director 8,821.79 9,262.88 9,726.02 10,212.32 10,722.94
Deputy Community Development
Director / Building Official / Economic
Development Director
9,963.24 10,461.40 10,984.47 11,533.69 12,110.37
Deputy Public Works Director 8,821.79 9,262.88 9,726.02 10,212.32 10,722.94
Finance Technician- Confidential 4,833.79 5,075.48 5,329.25 5,595.71 5,875.50
Fire Chief 12,413.14 13,033.80 13,685.49 14,369.76 15,088.25
Information Technology Manager 8,196.78 8,606.62 9,036.95 9,488.80 9,963.24
Personnel Specialist- Confidential 5,595.71 5,875.50 6,169.28 6,477.74 6,801.63
Police Chief 12,413.14 13,033.80 13,685.49 14,369.76 15,088.25
Police Commander 9,726.02 10,212.32 10,722.94 11,259.09 11,822.04
Public Works Analyst 7,434.72 7,806.46 8,196.78 8,606.62 9,036.95
Public Works Director 11,533.69 12,110.37 12,715.89 13,351.68 14,019.26
Zoo Director 7,434.72 7,806.46 8,196.78 8,606.62 9,036.95
MONTHLY SALARY
Effective July 1, 2022
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ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
Year 3- Effective July 1, 2023, all employees covered under this MOU shall receive a 3.5% (three
point five percent) COLA salary increase. The following monthly salaries are effective July 1,
2023:
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
Accounting Specialist- Confidential 26 5,515.80 5,791.59 6,081.17 6,385.23 6,704.49
Administrative Assistant- Confidential 22 5,002.99 5,253.14 5,515.80 5,791.59 6,081.17
Administrative Services Director M57 11,937.38 12,534.25 13,160.96 13,819.01 14,509.96
Battalion Chief M50 10,066.43 10,569.75 11,098.24 11,653.15 12,235.81
City Manager M69 15,997.23 16,797.09 17,636.94 18,518.79 19,444.73
Community Development Director M57 11,937.38 12,534.25 13,160.96 13,819.01 14,509.96
Deputy Administrative Services Director M46 9,130.55 9,587.08 10,066.43 10,569.75 11,098.24
Deputy City Manager M48 9,587.08 10,066.43 10,569.75 11,098.24 11,653.15
Deputy Community Development Director M46 9,130.55 9,587.08 10,066.43 10,569.75 11,098.24
Deputy Community Development
Director / Building Official / Economic
Development Director
M51 10,311.95 10,827.55 11,368.93 11,937.38 12,534.25
Deputy Public Works Director M46 9,130.55 9,587.08 10,066.43 10,569.75 11,098.24
Finance Technician- Confidential 22 5,002.99 5,253.14 5,515.80 5,791.59 6,081.17
Fire Chief M60 12,847.60 13,489.98 14,164.48 14,872.70 15,616.34
Information Technology Manager M43 8,483.67 8,907.85 9,353.24 9,820.90 10,311.95
Personnel Specialist- Confidential 28 5,791.59 6,081.17 6,385.23 6,704.49 7,039.71
Police Chief M60 12,847.60 13,489.98 14,164.48 14,872.70 15,616.34
Police Commander M50 10,066.43 10,569.75 11,098.24 11,653.15 12,235.81
Public Works Analyst M39 7,694.94 8,079.69 8,483.67 8,907.85 9,353.24
Public Works Director M57 11,937.38 12,534.25 13,160.96 13,819.01 14,509.96
Zoo Director M39 7,694.94 8,079.69 8,483.67 8,907.85 9,353.24
MONTHLY SALARY
Effective July 1, 2023
Page 196 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
Work Period
The normal work period for non-exempt employees shall be seven (7) days with a maximum non-
overtime of forty (40) hours.
Overtime Rate
Overtime for non-exempt employees, shall be compensated at the rate of time and one-half the
regular rate of pay. All overtime shall be recorded and paid in the following manner:
1 to 15 minutes, overtime compensation – ¼ hour
16 to 30 minutes, overtime compensation – ½ hour
31 to 45 minutes, overtime compensation – ¾ hour
46 to 60 minutes, overtime compensation – 1 hour
Overtime Hours Paid
Overtime for non-exempt employees shall be paid after forty (40) hours worked in a work period.
Paid time off shall be considered time worked for overtime purposes.
Schools/Training/Conferences
Hours traveling, studying, or evening classes, etc., when a non-exempt employee is attending an
out-of-town school shall be paid in accordance with all FLSA provisions.
Compensatory Time (CT)
Notwithstanding the provisions of this section, non-exempt employees may be granted CT for
overtime credit computed at time and one-half at the mutual convenience of the City and the
employee. Non-exempt employees may accumulate a maximum of one hundred and twenty (120)
hours in their CT account.
Scheduling Compensatory Time
Requests to use CT shall be granted with due regard for operational necessity such as staffing
levels.
Deferred Compensation
The City will match an eligible employee’s contribution to a deferred compensation program. The
match will be up to a maximum of $1,000 annually for executive management employees and
$500 annually for management employees. All deferred compensation contributions are fully
vested in the employee and shall not be available to the City.
Page 197 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
Longevity Exclusively as Section 457 Contribution
a. For those active employees that have attained 10 years of continuous full time employment,
the City, consistent with sections (b) through (f) below, shall deposit funds into a separate
deferred compensation plan Section 457 account for each employee in the following
amounts:
i. Fiscal Year 2021-2022: $50 for each whole year of continuous full-time
employment with the City
ii. After July 1, 2022: $100 per year for each whole year of continuous full-time
employment with the City
b. Only employees who have received an overall rating of “satisfactory” or better on their last
evaluation on file will be eligible for the longevity 457 contribution.
c. Whole years of full time employment shall be determined on September 1 st of each year
for each active employee.
d. Fractions of a year will be rounded down to the nearest whole year.
e. For Fiscal Year 2021-2022, deposit into the deferred compensation account shall be made
in one lump sum no later than 60 days after execution of this MOU. Thereafter, deposit
into the deferred compensation account shall be made in one lump sum annually no later
than the second pay period in September.
f. Based on title 2 of the California Code of Regulations Section 571, the annual City deferred
contribution for longevity into the separate deferred compensation plan, will not be
considered special compensation, will not be reported to CalPERS as compensation and
will not be considered as compensation when calculating an employee’s retirement
benefits. In the event that CalPERS at some time in the future determines that the longevity
Section 457 Contribution meets the definition of “Special Compensation”, both parties
agree to reopen negotiations related to the financial impacts and implementation of this
issue.
Health Benefits
1. Effective January 1, 20202021, for unit members who elect to have “Family” coverage, the
City shall pay an amount not to exceed $1,967.91 $2,035.57per month for employees electing
Family coverage. The City contribution shall go toward the cost of all medical, dental, vision
and life insurance benefit premiums for the unit member employee and dependents. City shall
pay for increased costs to medical, dental, vision and life insurance premiums for the employee
and fifty percent (50%) of increased costs for dependents based upon HMO plan costs.
2. Effective January 1, 20202021, for unit members who elect to have ‘Employee +1”
coverage, the City shall pay an amount not to exceed $1,468.28$1,513.88 per month for
employees electing Employee +1 coverage. The City contribution shall go toward the cost
of all medical, dental, vision and life insurance benefit premiums for the unit member
employee and dependent. City shall pay for increased costs to medical, dental, vision and
life insurance premiums for the employee and fifty percent (50%) of increased costs for
the dependent based upon HMO plan costs.
3. Effective January 1, 20202021, for unit members who elect to have “Employee Only”
coverage, the City shall pay amount not to exceed $1,042.68 $1,076.83 per month for
Page 198 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
employees electing Employee Only coverage. The City contribution shall go toward the cost
of all medical, dental, vision and life insurance benefit premiums for the unit member
employee for the term of this agreement. City shall pay for increased costs to medical, dental,
vision and life insurance premiums for the employee based upon the HMO plan costs.
For unit members who elect to have “Employee Only” coverage, available funds remaining
from the City’s contribution toward insurance coverage shall be paid to an employee hired
on or before September 1, 2000 as additional compensation. This amount shall not exceed
$240.56 per month.
4. The City of Atascadero has established a Post Retirement Health Benefit for Executive
Management and Council. The City agrees to reimburse the retiree for retiree and/or
retiree’s dependent health (medical/dental/vision) insurance premiums, disability
insurance, long-term health care or life insurance premiums in a method determined by the
Administrative Services Director following retirement.
The program parameters are:
The benefit is available upon retirement from PERS or other similar retirement program
after age 50; and
The employee must have served for 8 years with the City of Atascadero; and
For employees hired after July 1, 2016 the employee must begin drawing retirement
within 6 months of separating from the City of Atascadero; and
The benefit extends between the date of retirement and age 65; and
The current benefit is $200.00 monthly.
Life Insurance
The City shall provide a term life insurance policy on each employee (Executive Management,
Management, Confidential and Council) in the amount of Fifty-Thousand Dollars ($50,000).
The City shall provide a term life insurance policy for each eligible dependent of Executive
Management, Management and Confidential employees enrolled in health coverage in the amount
of One Thousand Dollars ($1,000) per dependent.
Long-Term Disability Insurance
The City shall provide a City-paid program to provide Long-Term Disability Insurance for
Executive Management and Management employees.
State Disability Insurance
The City provides State Disability Insurance as a payroll deduction for each employee in the
Confidential classification only. State Disability Insurance shall be integrated with sick leave with
the objective of providing full compensation.
Leave
Page 199 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
Administrative Leave.
Executive Management Employees, and Management Employees will receive Administrative
Leave, which will vest as of July 1 annually. Except as provided below, Administrative Leave
will not be carried over or accrue from one fiscal year to the next. If an employee is unable to use
his/her Administrative Leave prior to the end of the fiscal year for work related reasons beyond
his/her control, said leave will be carried over into the next fiscal year for a period not to exceed
three (3) months. Said time will be available to the employee for use during that period, but will
not be accrued for the purpose of payoff in the event of termination. In the event an employee
covered by this Agreement is employed after January 1 of the fiscal year, the employee shall be
eligible for one half of their annual allotment of Administrative Leave. Employees shall receive
Administrative Leave at the following annual rates:
Executive Management shall receive 80 hours.
Management Employees shall receive 48 hours.
Vacation Leave.
a. Employees shall receive vacation leave consistent with the Personnel System Rules.
b. In addition to the vacation leave accrued as outlined in Section 15.2 B of the City of
Atascadero Personnel System Rules, employees shall receive:
An additional two days of vacation annually upon completing 15 years of service
for a total accrual of 22 days per year or 6.77 hours per pay period; and
Two more days of vacation annually upon completing 20 years of service for a total
accrual of 24 days per year or 7.385 per pay period.
Holidays
The City shall recognize the following days as official City holidays:
Holiday Day Observed
New Year's Day January 1
Martin Luther King, Jr. Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Friday after Thanksgiving
Christmas Eve Day December 24
Christmas Day December 25
"Floating" Holiday Off As Scheduled; Accrues January 1
Each unit member employed by the City as of January 1st of each year shall be eligible for one
floating holiday (8 hours). Floating holidays must have prior department approval and shall be
Page 200 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
consistent with the efficient operation of the department. The floating holiday may be used between
January 1 and December 31 of each year.
Sick Leave.
1. Sick leave accumulates at a rate of 3.69 hours per pay period. There is no limit to the
accumulation.
2. Stay Well Bonus. Employees with 384 or more hours of accumulated sick leave shall be
eligible for the Stay Well Bonus. The Stay Well Bonus will be implemented as follows:
a. The sick leave pay-off will occur during the twelve- (12) month period beginning the first
day after the second pay period in October and ending on the last day of the second pay
period in October of the following year after an employee has accumulated and maintained
384 hours of sick leave.
b. Once the eligibility requirements have been met, an employee may opt to receive a pay-off
equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment
is 95.94 hours).
c. Checks will be prepared by December 15 of each year.
3. Sick Leave Payback. When an executive management employee, a management employee or
confidential employee terminates employment in good standing, after five (5) years of
continuous service with the City of Atascadero in an executive management, management, or
confidential position, as defined in this Resolution, he/she shall be paid one-half of his/her
accumulated Sick Leave.
4. In any calendar year, up to two days (16 hours) of sick leave may be used for personal reasons
without explanation. These days are not intended as vacation days and may not be used to
extend vacations or holidays.
Bereavement Leave
Employees shall be granted bereavement leave pursuant to the City of Atascadero Personnel
System Rules.
The City shall provide up to twenty-four (24) hours of paid bereavement leave for bereavement
purposes. Bereavement purposes include (1) the death of a member of the employee’s immediate
family, and (2) the critical illness of a member of the employee’s immediate family where death
appears to be imminent. The amount of bereavement leave provided under this section is twenty
four (24) hours per family member.
The employee may be required to submit proof of a relative's death or critical illness before final
approval of leave is granted.
For purposes of this section, “immediate family” means: spouse or domestic partner, parent (including
biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent, grandchild, child
Page 201 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
(including biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner,
or a child of a person standing in loco parentis), brother, sister, aunt, uncle, son-in-law, daughter-in-
law, mother-in-law, father-in-law, brother-in-law, sister-in-law or significant other.
Twenty-four (24) hours of the paid absence shall be considered "bereavement leave", and any
remaining time shall be from other paid time off available to the employee.
When an employee has exhausted the bereavement leave provided in this section, the employee
may submit a request to his/her Department Head and request additional time off work. If
approved, the employee must use their other accrued paid leave. The employee may elect which
accrued paid leave he/she shall use during the additional leave. However, the employee may not
use more than forty (40) hours of accrued sick leave for bereavement purposes. If the additional
leave approved by the Department Head is longer than forty (40) hours, the employee is required
to use accrued paid leave other than sick leave.
Retirement
CalPERS Non-Sworn Miscellaneous Members (as defined by CalPERS)
a. Non-Sworn Miscellaneous Member employees (as defined by CalPERS) are provided
retirement benefits through the California Public Employees Retirement System
(CalPERS).
TIER 1
Non-sworn Miscellaneous Member employees hired on or before July 14, 2012 are
provided benefits pursuant to the 2.5% @ 55 Benefit Formula (Government Code Section
21354.4), Final Compensation 1 Year (G.C. Section 20042) and Unused Sick Leave Credit
(G.C. Section 20965). The City will pay 3.3% (three point three percent) of the Non-sworn
Miscellaneous Member employee contribution of 8% (eight percent). Non-sworn
Miscellaneous Member employees will pay the remaining 4.7% (four point seven percent)
of the employee contribution.
TIER 2
Non-sworn Miscellaneous Member employees hired between July 14, 2012 and December
31, 2012, and Non-sworn Miscellaneous Member employees hired on or after January 1,
2013 who meet the definition of a Classic Member under CalPERS, are provided benefits
pursuant to the 2% @ 55 Benefit Formula (G.C. Section 21354), Final Compensation 3 Year
(G.C. Section 20037) and Unused Sick Leave Credit (G.C. Section 20965). The City will
pay 2.3% (two point three percent) of the Non-sworn Miscellaneous Member employee
contribution of 7% (seven percent). Non-sworn Miscellaneous Member employees will pay
the remaining 4.7% (four point seven percent) of the employee contribution.
TIER 3
Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA),
Non-sworn Miscellaneous Member employees hired on or after January 1, 2013 who meet
the definition of a CalPERS new member under PEPRA are provided benefits pursuant to
2% @ 62 Benefit Formula (G.C. Section 7522.20) with Final Compensation 3 Year
(G.C. Section 20037). The Non-sworn Miscellaneous Member employee will pay a
member contribution rate of 50% (fifty percent) of the expected normal cost rate.
Page 202 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
b. The City shall provide CalPERS the Post Retirement Survivor benefit for Miscellaneous
Members.
c. Employee contributions shall be contributed to CalPERS on a pre-tax basis.
CalPERS Sworn Safety Members (as defined by CalPERS)
a. Sworn Safety Member employees (as defined by CalPERS) are provided retirement
benefits through the California Public Employees Retirement System (CalPERS).
TIER 1
Sworn Safety Member employees hired on or before July 14, 2012 are provided benefits
pursuant to the 3% @ 50 Benefit Formula (Government Code Section 21362.2), Final
Compensation 1 Year (G.C. Section 20042) and Unused Sick Leave Credit (G.C. Section
20965). The City will pay 0% (zero percent) of the Sworn Safety Member employee
contribution of 9% (nine percent). Sworn Safety Member employees will pay the
employee contribution of 9% (nine percent).
TIER 2
Sworn Safety Member employees hired between July 14, 2012 and December 31, 2012,
and Sworn Safety Member employees hired on or after January 1, 2013 who meet the
definition of a Classic Member under CalPERS, are provided benefits pursuant to the 3%
@ 55 Benefit Formula (G.C. Section 21363.1), Final Compensation 3 Year (G.C. Section
20037) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 0%
(zero percent) of the Sworn Safety Member employee contribution of 9% (nine percent).
Sworn Safety Member employees will pay the employee contribution of 9% (nine percent).
TIER 3
Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA),
Sworn Safety Member employees including hired on or after January 1, 2013 who meet
the definition of a CalPERS new member under PEPRA are provided benefits pursuant to
the 2.7% @ 57 Benefit Formula (G.C. Section 7522.25(d)) with Final Compensation 3
Year (G.C. Section 20037). The Sworn Safety Member employee will pay a member
contribution rate of 50% (fifty percent) of the expected normal cost rate.
b. The CalPERS retirement for Sworn Safety Members (as defined by CalPERS) includes
Level Four (4) of the 1959 Survivor’s Benefit. The employees shall pay the monthly cost
of the benefit.
c. Employee contributions shall be contributed to CalPERS on a pre-tax basis.
Education Incentive Pay
Employees shall be reimbursed up to $1,600.00 per fiscal year for books, tuition and related
educational expenses for attending college or other professional training, providing the coursework
is job-related, and the employee received a passing grade.
Page 203 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
Uniform/Safety Equipment Allowance
a. The City shall provide an annual uniform allowance of eight hundred dollars ($800) for Police
Chief and Commanders, and eight hundred fifty dollars ($850) for the Fire Chief and Battalion
Chiefs. Upon initial hire the employee will receive $800/$850. In the second year the amount
will be prorated based upon the actual number of months employed in the prior year. When
an employee separates from the City the Uniform Allowance will be prorated based upon the
number of months worked in the then current fiscal year.
b. The City will make a lump sum payment of the uniform allowance no later than the second
payday in July.
c. Uniforms damaged on duty shall be replaced as prorated by the Chiefs. Employees are required
to seek reimbursement through the courts with all practical diligence.
d. The City shall make available a bulletproof vest. Employees requesting a vest shall certify that
they will wear the vest at all times, except in extreme climatic conditions. Vests shall be
replaced or refurbished on an as needed basis as determined by the Chief of Police. Employees
already owning a vest shall continue to use them until repair or refurbishment becomes
necessary, as determined by the Chief of Police.
e. Rain boots - The City shall comply with the requirements of CAL/OSHA as it relates to
providing rain gear including rain boots.
Commitment to Fair and Reasonable Changes to the CalPERS System
The interests of the City and the employees whose positions are covered under this resolution are
generally aligned: both seek fair and reasonable changes to the CalPERS system to ensure
long-term sustainability of the system. Needed State-level changes acceptable to both executive
management and City labor groups are most likely to be initiated by CalPERS member agencies and
labor, working collaboratively.
City and the employees covered under this resolution hereby jointly commit to:
Request state-level membership organizations (e.g., the League of California Cities,
state-wide labor affiliates) to alert and engage members, to make this issue a priority, and
encourage committing to a set of collaborative solutions;
Encourage, educate, and engage peers (e.g., other cities, other labor groups) to make this
issue a priority and to lend their voice to our request to state-level membership organizations;
Jointly analyze options with an open mind as to potential solutions; and
Other potential collaborative efforts as they arise.
Page 204 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 5
PASSED AND ADOPTED at a regular meeting of the City Council held on the __nd day
of ____, 20202021.
On motion by Council Member ______________ and seconded by Council Member
_________________, the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
____________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
____________________________________
Brian A. Pierik, City Attorney
Page 205 of 216
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (“First Amendment”) is made and
entered into September 28, 2021, by and between the City of Atascadero (hereinafter called “City”)
and Rachelle Rickard (hereinafter called “City Manager”), modifying provisions to the Employment
Agreement dated June 28, 2013 (“Employment Agreement”) as set forth below.
Effective July 1, 2021 the following changes shall be made to the Employment Agreement:
Section 8.1.g will be deleted in its entirety
g. City will also budget and pay for the maintenance of City Manager as a Certified Public
Accountant, which includes but is not limited to registration, travel and subsistence for
required continuing education requirements and biannual licensing fees. City shall
reimburse City Manager for any expenses incurred under this section 8 g in accordance
with the City’s standard purchasing policies up to an annual maximum of $1600.00.
Section 8.1.h will be deleted in its entirety
h. City shall pay for City Manager’s membership in, and for all fundraising “fines” as may be
assessed by a civic organization, dues and other costs associated with City Manager’s
involvement in civic organizations, as requested by the City Council.
Section 8.1.i will be amended as follows:
i. City Manager shall receive fivethree hundred dollars ($500300.00) each month as an
automobile allowance. The allowance is in exchange for (1) City Manager making
available for her own use a personal automobile, and (2) for her use of her personal
automobile for City related business and/or functions during, before and after normal
work hours. City Manager is not precluded from using City vehicles for City business
during before, and after the normal work day. A City vehicle will not be provided to
City Manager for her exclusive use and no City vehicle shall be utilized by City Manager
for commuting purposes. City Manager will be entitled to mileage reimbursement at
standard rates for trips over two hundred (200) miles.
Section 9, Deferred Compensation Benefits shall be amended as follows:
SECTION 9. DEFERRED COMPENSATION
1. City Manager shall not receive any deferred compensation benefits set forth in City
Council Resolution No. 2011-059. This section 9 solely provides all deferred
compensation benefits to be provided to City Manager.
2. City agrees to contribute $12,000 less than the maximum sum allowed by law into City
Manager's 457 deferred compensation account with ICMA Retirement Corporation
including any pre- retirement incentives. (This maximum amount shall not include any
Special 457(b) “last 3-year catch-up” deferrals) Such contribution shall be pro-rated
equally and shall be paid per City practice across 24 pay-periods.
3. City shall pay a contribution equal to five percent (5%) of City Manager’s base salary
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 6
Page 206 of 216
to a tax deferred supplemental retirement plan (i.e 403b, 401a, or other similar plans)
(“Plan”) in favor of City Manager. All contributions are fully vested in City Manager and
shall not be available to the City. If permitted by the IRS and the Plan, the City shall
allow the City Manager to make employee contributions on a pre-tax basis to the Plan.
All other provisions of the Employment Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the above parties have executed this First Amendment as of the date first
written above.
CITY OF ATASCADERO
By____________________________ _________________________
Heather Moreno, Rachelle Rickard,
Mayor City Manager
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 6
Page 207 of 216
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
Account Clerk II 13 3,730.56 3,917.09 4,112.94 4,318.59 4,534.52
Accounting Specialist-
Confidential
26 5,124.28 5,380.49 5,649.51 5,931.99 6,228.59
Administrative Assistant 20 4,426.55 4,647.88 4,880.27 5,124.28 5,380.49
Administrative Assistant-
Confidential
22 4,647.88 4,880.27 5,124.28 5,380.49 5,649.51
Administrative Services Director M57 11,090.08 11,644.58 12,226.81 12,838.15 13,480.06
Administrative Support Assistant 16 4,015.01 4,215.76 4,426.55 4,647.88 4,880.27
Assistant Planner 26 5,124.28 5,380.49 5,649.51 5,931.99 6,228.59
Associate Civil Engineer -
Registered Engineer
41 7,386.28 7,755.59 8,143.37 8,550.54 8,978.07
Associate Civil Engineer/ Storm
Water Manager
37 6,699.57 7,034.55 7,386.28 7,755.59 8,143.37
Associate Planner 31 5,787.33 6,076.70 6,380.54 6,699.57 7,034.55
Battalion Chief M50 9,351.94 9,819.54 10,310.52 10,826.05 11,367.35
Building Inspector I 25 4,999.31 5,249.28 5,511.74 5,787.33 6,076.70
Building Inspector II 30 5,649.51 5,931.99 6,228.59 6,540.02 6,867.02
Building Maintenance Specialist 14 3,823.82 4,015.01 4,215.76 4,426.55 4,647.88
City Manager M69 14,861.76 15,604.85 16,385.09 17,204.34 18,064.56
Code Enforcement Officer SS25 4,967.80 5,216.19 5,477.00 5,750.85 6,038.39
Community Development Director M57 11,090.08 11,644.58 12,226.81 12,838.15 13,480.06
Community Services Officer SS16 3,987.33 4,186.70 4,396.04 4,615.84 4,846.63
Deputy Administrative Services
Director
M46 8,482.49 8,906.61 9,351.94 9,819.54 10,310.52
Deputy City Manager M48 8,906.61 9,351.94 9,819.54 10,310.52 10,826.05
Deputy Community Development
Director / Building Official /
Economic Development Director
M51 9,580.03 10,059.03 10,561.98 11,090.08 11,644.58
Deputy Community Development
Director
M46 8,482.49 8,906.61 9,351.94 9,819.54 10,310.52
Deputy Public Works Director M46 8,482.49 8,906.61 9,351.94 9,819.54 10,310.52
Finance Technician 21 4,534.52 4,761.25 4,999.31 5,249.28 5,511.74
Finance Technician- Confidential 22 4,647.88 4,880.27 5,124.28 5,380.49 5,649.51
Fire Captain F41 7,380.10 7,749.11 8,136.57 8,543.40 8,970.57
Fire Captain Specialist I F41-1 7,453.90 7,826.60 8,217.93 8,628.83 9,060.27
Fire Captain Specialist II F41-2 7,527.70 7,904.09 8,299.29 8,714.25 9,149.96
Fire Captain/ Paramedic F41-10 8,118.11 8,524.02 8,950.22 9,397.73 9,867.62
Fire Captain/ Paramedic/
Specialist I
F41-11 8,191.91 8,601.51 9,031.59 9,483.17 9,957.33
Fire Captain/ Paramedic/
Specialist II
F41-12 8,265.71 8,679.00 9,112.95 9,568.60 10,047.03
Fire Chief M60 11,935.72 12,532.51 13,159.14 13,817.10 14,507.96
Fire Engineer F34 6,223.41 6,534.58 6,861.31 7,204.38 7,564.60
Fire Engineer Specialist I F34-1 6,285.64 6,599.92 6,929.92 7,276.42 7,640.24
Fire Engineer Specialist II F34-2 6,347.88 6,665.27 6,998.53 7,348.46 7,715.88
Fire Engineer/ OIC F34-2 6,347.88 6,665.27 6,998.53 7,348.46 7,715.88
Fire Engineer/ OIC/ Specialist I F34-3 6,410.11 6,730.62 7,067.15 7,420.51 7,791.54
Fire Engineer/ OIC/ Specialist II F34-4 6,472.35 6,795.97 7,135.77 7,492.56 7,867.19
Fire Engineer/ Paramedic F34-10 6,845.75 7,188.04 7,547.44 7,924.81 8,321.05
Fire Engineer/ Paramedic/
Specialist I
F34-11 6,907.99 7,253.39 7,616.06 7,996.86 8,396.70
MONTHLY SALARY
Approved September 28, 2021
Effective July 1, 2021
Page 208 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 7
Page 209 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 7
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
MONTHLY SALARY
Approved September 28, 2021
Effective July 1, 2021
Public Safety Lead Dispatcher SS28 5,343.41 5,610.58 5,891.11 6,185.67 6,494.95
Public Safety Lead Dispatcher -
EMD
SS28E 5,393.41 5,663.08 5,946.24 6,243.56 6,555.73
Public Safety Lead Dispatcher w/
Longevity
SS28L 5,610.58 5,891.11 6,185.67 6,494.95 6,819.70
Public Safety Lead Dispatcher -
EMD w/ Longevity
SS28EL 5,660.58 5,943.61 6,240.80 6,552.84 6,880.48
Public Works Analyst M39 7,148.77 7,506.21 7,881.52 8,275.60 8,689.38
Public Works Director M57 11,090.08 11,644.58 12,226.81 12,838.15 13,480.06
Public Works Inspector 27 5,249.28 5,511.74 5,787.33 6,076.70 6,380.54
Public Works Operations Manager 38 6,867.01 7,210.36 7,570.88 7,949.42 8,346.89
Recreation Coordinator 20 4,426.55 4,647.88 4,880.27 5,124.28 5,380.49
Recreation Supervisor 28 5,380.16 5,649.17 5,931.63 6,228.21 6,539.62
Senior Building Maintenance
Specialist
19 4,318.59 4,534.52 4,761.25 4,999.31 5,249.28
Senior Maintenance Worker 19 4,318.59 4,534.52 4,761.25 4,999.31 5,249.28
Senior Planner 37 6,699.57 7,034.55 7,386.28 7,755.59 8,143.37
Senior Property Evidence
Specialist
SS36 6,494.95 6,819.70 7,160.69 7,518.72 7,894.66
Senior Property Evidence
Specialist - EMD
SS36E 6,544.95 6,872.20 7,215.82 7,576.61 7,955.44
Senior Property Evidence
Specialist w/ Longevity
SS36L 6,819.70 7,160.69 7,518.72 7,894.66 8,289.39
Senior Property Evidence
Specialist - EMD w/ Longevity
SS36EL 6,869.70 7,213.19 7,573.85 7,952.55 8,350.17
Senior Technical Support Specialist 30 5,649.51 5,931.99 6,228.59 6,540.02 6,867.02
Systems Administrator III 35 6,380.54 6,699.57 7,034.55 7,386.28 7,755.59
Technical Support Specialist II 20 4,426.55 4,647.88 4,880.27 5,124.28 5,380.49
Website and Social Media
Technician
20 4,426.55 4,647.88 4,880.27 5,124.28 5,380.49
WWTP Operator I 18 4,215.76 4,426.55 4,647.88 4,880.27 5,124.28
WWTP Operator II 24 4,880.27 5,124.28 5,380.49 5,649.51 5,931.99
WWTP Operator in Training 11 3,552.91 3,730.56 3,917.09 4,112.94 4,318.59
Zoo Director M39 7,148.77 7,506.21 7,881.52 8,275.60 8,689.38
Zoo Education Curator 9 3,383.72 3,552.91 3,730.56 3,917.09 4,112.94
Zookeeper I 9 3,383.72 3,552.91 3,730.56 3,917.09 4,112.94
Page 210 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 7
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
Account Clerk II 13 3,879.78 4,073.77 4,277.46 4,491.33 4,715.90
Accounting Specialist-
Confidential
26 5,329.25 5,595.71 5,875.50 6,169.28 6,477.74
Administrative Assistant 20 4,603.61 4,833.79 5,075.48 5,329.25 5,595.71
Administrative Assistant-
Confidential
22 4,833.79 5,075.48 5,329.25 5,595.71 5,875.50
Administrative Services Director M57 11,533.69 12,110.37 12,715.89 13,351.68 14,019.26
Administrative Support Assistant 16 4,175.61 4,384.39 4,603.61 4,833.79 5,075.48
Assistant Planner 26 5,329.25 5,595.71 5,875.50 6,169.28 6,477.74
Associate Civil Engineer -
Registered Engineer
41 7,681.72 8,065.81 8,469.10 8,892.56 9,337.19
Associate Civil Engineer/ Storm
Water Manager
37 6,967.54 7,315.92 7,681.72 8,065.81 8,469.10
Associate Planner 31 6,018.82 6,319.76 6,635.75 6,967.54 7,315.92
Battalion Chief M50 9,726.02 10,212.32 10,722.94 11,259.09 11,822.04
Building Inspector I 25 5,199.29 5,459.25 5,732.21 6,018.82 6,319.76
Building Inspector II 30 5,875.50 6,169.28 6,477.74 6,801.63 7,141.71
Building Maintenance Specialist 14 3,976.77 4,175.61 4,384.39 4,603.61 4,833.79
City Manager M69 15,456.23 16,229.04 17,040.49 17,892.51 18,787.14
Code Enforcement Officer SS25 5,216.19 5,477.00 5,750.85 6,038.39 6,340.31
Community Development Director M57 11,533.69 12,110.37 12,715.89 13,351.68 14,019.26
Community Services Officer SS16 4,186.70 4,396.04 4,615.84 4,846.63 5,088.96
Deputy Administrative Services
Director
M46 8,821.79 9,262.88 9,726.02 10,212.32 10,722.94
Deputy City Manager M48 9,262.88 9,726.02 10,212.32 10,722.94 11,259.09
Deputy Community Development
Director / Building Official /
Economic Development Director
M51 9,963.24 10,461.40 10,984.47 11,533.69 12,110.37
Deputy Community Development
Director
M46 8,821.79 9,262.88 9,726.02 10,212.32 10,722.94
Deputy Public Works Director M46 8,821.79 9,262.88 9,726.02 10,212.32 10,722.94
Finance Technician 21 4,715.90 4,951.70 5,199.29 5,459.25 5,732.21
Finance Technician- Confidential 22 4,833.79 5,075.48 5,329.25 5,595.71 5,875.50
Fire Captain F41 7,675.30 8,059.07 8,462.02 8,885.12 9,329.38
Fire Captain Specialist I F41-1 7,752.05 8,139.65 8,546.63 8,973.96 9,422.66
Fire Captain Specialist II F41-2 7,828.81 8,220.25 8,631.26 9,062.82 9,515.96
Fire Captain/ Paramedic F41-10 8,442.83 8,864.97 9,308.22 9,773.63 10,262.31
Fire Captain/ Paramedic/
Specialist I
F41-11 8,519.58 8,945.56 9,392.84 9,862.48 10,355.60
Fire Captain/ Paramedic/
Specialist II
F41-12 8,596.34 9,026.16 9,477.47 9,951.34 10,448.91
Fire Chief M60 12,413.14 13,033.80 13,685.49 14,369.76 15,088.25
Fire Engineer F34 6,472.36 6,795.98 7,135.78 7,492.57 7,867.20
Fire Engineer Specialist I F34-1 6,537.08 6,863.93 7,207.13 7,567.49 7,945.86
Fire Engineer Specialist II F34-2 6,601.81 6,931.90 7,278.50 7,642.43 8,024.55
Fire Engineer/ OIC F34-2 6,601.81 6,931.90 7,278.50 7,642.43 8,024.55
Fire Engineer/ OIC/ Specialist I F34-3 6,666.53 6,999.86 7,349.85 7,717.34 8,103.21
Fire Engineer/ OIC/ Specialist II F34-4 6,731.25 7,067.81 7,421.20 7,792.26 8,181.87
Fire Engineer/ Paramedic F34-10 7,119.60 7,475.58 7,849.36 8,241.83 8,653.92
Fire Engineer/ Paramedic/
Specialist I
F34-11 7,184.32 7,543.54 7,920.72 8,316.76 8,732.60
MONTHLY SALARY
Effective July 1, 2022
Approved September 28, 2021
Page 211 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 7
Page 212 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 7
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
MONTHLY SALARY
Effective July 1, 2022
Approved September 28, 2021
Public Safety Lead Dispatcher SS28 5,610.58 5,891.11 6,185.67 6,494.95 6,819.70
Public Safety Lead Dispatcher -
EMD
SS28E 5,660.58 5,943.61 6,240.80 6,552.84 6,880.48
Public Safety Lead Dispatcher w/
Longevity
SS28L 5,891.11 6,185.67 6,494.95 6,819.70 7,160.69
Public Safety Lead Dispatcher -
EMD w/ Longevity
SS28EL 5,941.11 6,238.17 6,550.08 6,877.59 7,221.47
Public Works Analyst M39 7,434.72 7,806.46 8,196.78 8,606.62 9,036.95
Public Works Director M57 11,533.69 12,110.37 12,715.89 13,351.68 14,019.26
Public Works Inspector 27 5,459.25 5,732.21 6,018.82 6,319.76 6,635.75
Public Works Operations Manager 38 7,141.65 7,498.73 7,873.67 8,267.35 8,680.72
Recreation Coordinator 20 4,603.61 4,833.79 5,075.48 5,329.25 5,595.71
Recreation Supervisor 28 5,595.71 5,875.50 6,169.28 6,477.74 6,801.63
Senior Building Maintenance
Specialist
19 4,491.33 4,715.90 4,951.70 5,199.29 5,459.25
Senior Maintenance Worker 19 4,491.33 4,715.90 4,951.70 5,199.29 5,459.25
Senior Planner 37 6,967.54 7,315.92 7,681.72 8,065.81 8,469.10
Senior Property Evidence Specialist SS36 6,819.70 7,160.69 7,518.72 7,894.66 8,289.39
Senior Property Evidence
Specialist - EMD
SS36E 6,869.70 7,213.19 7,573.85 7,952.55 8,350.17
Senior Property Evidence
Specialist w/ Longevity
SS36L 7,160.69 7,518.72 7,894.66 8,289.39 8,703.86
Senior Property Evidence
Specialist - EMD w/ Longevity
SS36EL 7,210.69 7,571.22 7,949.79 8,347.28 8,764.64
Senior Technical Support Specialist 30 5,875.50 6,169.28 6,477.74 6,801.63 7,141.71
Systems Administrator III 35 6,635.75 6,967.54 7,315.92 7,681.72 8,065.81
Technical Support Specialist II 20 4,603.61 4,833.79 5,075.48 5,329.25 5,595.71
Website and Social Media
Technician
20 4,603.61 4,833.79 5,075.48 5,329.25 5,595.71
WWTP Operator I 18 4,384.39 4,603.61 4,833.79 5,075.48 5,329.25
WWTP Operator II 24 5,075.48 5,329.25 5,595.71 5,875.50 6,169.28
WWTP Operator in Training 11 3,695.03 3,879.78 4,073.77 4,277.46 4,491.33
Zoo Director M39 7,434.72 7,806.46 8,196.78 8,606.62 9,036.95
Zoo Education Curator 9 3,519.08 3,695.03 3,879.78 4,073.77 4,277.46
Zookeeper I 9 3,519.08 3,695.03 3,879.78 4,073.77 4,277.46
Page 213 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 7
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
Account Clerk II 13 4,015.57 4,216.35 4,427.17 4,648.53 4,880.96
Accounting Specialist-
Confidential
26 5,515.80 5,791.59 6,081.17 6,385.23 6,704.49
Administrative Assistant 20 4,764.75 5,002.99 5,253.14 5,515.80 5,791.59
Administrative Assistant-
Confidential
22 5,002.99 5,253.14 5,515.80 5,791.59 6,081.17
Administrative Services Director M57 11,937.38 12,534.25 13,160.96 13,819.01 14,509.96
Administrative Support Assistant 16 4,321.77 4,537.86 4,764.75 5,002.99 5,253.14
Assistant Planner 26 5,515.80 5,791.59 6,081.17 6,385.23 6,704.49
Associate Civil Engineer -
Registered Engineer
41 7,950.57 8,348.10 8,765.51 9,203.79 9,663.98
Associate Civil Engineer/ Storm
Water Manager
37 7,211.40 7,571.97 7,950.57 8,348.10 8,765.51
Associate Planner 31 6,229.48 6,540.95 6,868.00 7,211.40 7,571.97
Battalion Chief M50 10,066.43 10,569.75 11,098.24 11,653.15 12,235.81
Building Inspector I 25 5,381.26 5,650.32 5,932.84 6,229.48 6,540.95
Building Inspector II 30 6,081.17 6,385.23 6,704.49 7,039.71 7,391.70
Building Maintenance Specialist 14 4,115.97 4,321.77 4,537.86 4,764.75 5,002.99
City Manager M69 15,997.23 16,797.09 17,636.94 18,518.79 19,444.73
Code Enforcement Officer SS26 5,477.00 5,750.85 6,038.39 6,340.31 6,657.33
Community Development Director M57 11,937.38 12,534.25 13,160.96 13,819.01 14,509.96
Community Services Officer SS17 4,396.04 4,615.84 4,846.63 5,088.96 5,343.41
Deputy Administrative Services
Director
M46 9,130.55 9,587.08 10,066.43 10,569.75 11,098.24
Deputy City Manager M48 9,587.08 10,066.43 10,569.75 11,098.24 11,653.15
Deputy Community Development
Director / Building Official /
Economic Development Director
M51 10,311.95 10,827.55 11,368.93 11,937.38 12,534.25
Deputy Community Development
Director
M46 9,130.55 9,587.08 10,066.43 10,569.75 11,098.24
Deputy Public Works Director M46 9,130.55 9,587.08 10,066.43 10,569.75 11,098.24
Finance Technician 21 4,880.96 5,125.01 5,381.26 5,650.32 5,932.84
Finance Technician- Confidential 22 5,002.99 5,253.14 5,515.80 5,791.59 6,081.17
Fire Captain F41 7,943.92 8,341.12 8,758.18 9,196.09 9,655.89
Fire Captain Specialist I F41-1 8,023.36 8,424.53 8,845.76 9,288.05 9,752.45
Fire Captain Specialist II F41-2 8,102.80 8,507.94 8,933.34 9,380.01 9,849.01
Fire Captain/ Paramedic F41-10 8,738.31 9,175.23 9,633.99 10,115.69 10,621.47
Fire Captain/ Paramedic/
Specialist I
F41-11 8,817.75 9,258.64 9,721.57 10,207.65 10,718.03
Fire Captain/ Paramedic/
Specialist II
F41-12 8,897.19 9,342.05 9,809.15 10,299.61 10,814.59
Fire Chief M60 12,847.60 13,489.98 14,164.48 14,872.70 15,616.34
Fire Engineer F34 6,698.88 7,033.82 7,385.51 7,754.79 8,142.53
Fire Engineer Specialist I F34-1 6,765.87 7,104.16 7,459.37 7,832.34 8,223.96
Fire Engineer Specialist II F34-2 6,832.86 7,174.50 7,533.23 7,909.89 8,305.38
Fire Engineer/ OIC F34-2 6,832.86 7,174.50 7,533.23 7,909.89 8,305.38
Fire Engineer/ OIC/ Specialist I F34-3 6,899.85 7,244.84 7,607.08 7,987.43 8,386.80
Fire Engineer/ OIC/ Specialist II F34-4 6,966.84 7,315.18 7,680.94 8,064.99 8,468.24
Fire Engineer/ Paramedic F34-10 7,368.77 7,737.21 8,124.07 8,530.27 8,956.78
Fire Engineer/ Paramedic/
Specialist I
F34-11 7,435.76 7,807.55 8,197.93 8,607.83 9,038.22
MONTHLY SALARY
Effective July 1, 2023
Approved September 28, 2021
Page 214 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 7
Page 215 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 7
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
MONTHLY SALARY
Effective July 1, 2023
Approved September 28, 2021
Public Safety Lead Dispatcher SS29 5,891.11 6,185.67 6,494.95 6,819.70 7,160.69
Public Safety Lead Dispatcher -
EMD
SS29E 5,941.11 6,238.17 6,550.08 6,877.59 7,221.47
Public Safety Lead Dispatcher w/
Longevity
SS29L 6,185.67 6,494.95 6,819.70 7,160.69 7,518.72
Public Safety Lead Dispatcher -
EMD w/ Longevity
SS29EL 6,235.67 6,547.45 6,874.83 7,218.58 7,579.50
Public Works Analyst M39 7,694.94 8,079.69 8,483.67 8,907.85 9,353.24
Public Works Director M57 11,937.38 12,534.25 13,160.96 13,819.01 14,509.96
Public Works Inspector 27 5,650.32 5,932.84 6,229.48 6,540.95 6,868.00
Public Works Operations Manager 38 7,391.61 7,761.19 8,149.25 8,556.71 8,984.55
Recreation Coordinator 20 4,764.75 5,002.99 5,253.14 5,515.80 5,791.59
Recreation Supervisor 28 5,791.59 6,081.17 6,385.23 6,704.49 7,039.71
Senior Building Maintenance
Specialist
19 4,648.53 4,880.96 5,125.01 5,381.26 5,650.32
Senior Maintenance Worker 19 4,648.53 4,880.96 5,125.01 5,381.26 5,650.32
Senior Planner 37 7,211.40 7,571.97 7,950.57 8,348.10 8,765.51
Senior Property Evidence Specialist SS37 7,160.69 7,518.72 7,894.66 8,289.39 8,703.86
Senior Property Evidence
Specialist - EMD
SS37E 7,210.69 7,571.22 7,949.79 8,347.28 8,764.64
Senior Property Evidence
Specialist w/ Longevity
SS37L 7,518.72 7,894.66 8,289.39 8,703.86 9,139.05
Senior Property Evidence
Specialist - EMD w/ Longevity
SS37EL 7,568.72 7,947.16 8,344.52 8,761.75 9,199.83
Senior Technical Support Specialist 30 6,081.17 6,385.23 6,704.49 7,039.71 7,391.70
Systems Administrator III 35 6,868.00 7,211.40 7,571.97 7,950.57 8,348.10
Technical Support Specialist II 20 4,764.75 5,002.99 5,253.14 5,515.80 5,791.59
Website and Social Media
Technician
20 4,764.75 5,002.99 5,253.14 5,515.80 5,791.59
WWTP Operator I 18 4,537.86 4,764.75 5,002.99 5,253.14 5,515.80
WWTP Operator II 24 5,253.14 5,515.80 5,791.59 6,081.17 6,385.23
WWTP Operator in Training 11 3,824.35 4,015.57 4,216.35 4,427.17 4,648.53
Zoo Director M39 7,694.94 8,079.69 8,483.67 8,907.85 9,353.24
Zoo Education Curator 9 3,642.24 3,824.35 4,015.57 4,216.35 4,427.17
Zookeeper I 9 3,642.24 3,824.35 4,015.57 4,216.35 4,427.17
Page 216 of 216
ITEM NUMBER: C-2
DATE: 09/28/21
ATTACHMENT: 7