HomeMy WebLinkAboutCC_2021_12_14_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA
In accordance with City Council Resolution No. 2021-073 and the
requirements of AB 361, 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 am, 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 participate in live public comment
through the Zoom platform using the link above or by calling 805-538-2888 to listen
and provide public comment via phone.
If you wish to comment but not via a live platform, please email 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 88
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, December 14, 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. November 23, 2021
PRESENTATIONS: None.
City Council Regular Session: 6:00 P.M.
City Council Closed Session: Immediately following
Regular Session
Page 2 of 88
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 – November 23, 2021
▪ Recommendation: Council approve the November 23, 2021 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. City Council 2022 Meeting Schedule
▪ Fiscal Impact: None.
▪ Recommendation: Council approve the City Council meeting schedule for
2022. [City Manager]
3. Contract Award General Plan Update Project – Phase 1 Contract (GPA21-0067)
▪ Fiscal Impact: Approval of Phase I of the planning consultant services will use
$43,016 of budgeted General Funds. The City has budgeted $450,000 for
fiscal year 2021-22 and $635,000 for fiscal year 2022-23 to encompass all
phases of the General Plan Update. Staff will be continuing to seek grant
funding opportunities as an alternative to using General Funds.
▪ Recommendation: Council authorize the City Manager to execute a contract
with MIG, Inc. to provide planning consultant services for Phase 1 of the
preparation of the Atascadero General Plan Update Project. [Community
Development]
4. Virtual Meetings – AB 361 Requirements
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt Draft Resolution making findings consistent
with the requirements of AB 361 to continue to allow for the conduct of virtual
meetings. [City Manager]
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 C ouncil 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 Comm unity Forum,
unless changed by the Council. Comments will be allowed for the entire 30-minute period
so if the final speaker has finished before the 30 minute period has ended and a member of
the public wishes to make a comment after the Council has commen ced another item, the
member should alert the Clerk within the 30 minute period of their desire to make a comment
and the Council will take up that comment upon completion of the item which was
commenced. Any members of the public who have questions or nee d 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 88
B. PUBLIC HEARINGS:
1. 2022 Community Development Block Grant Draft Recommendations
▪ Fiscal Impact: Approval of Atascadero’s total 2022 CDBG allocation would
result in the estimated revenue and expenditure of $139,465 of CDBG funds.
▪ Recommendation: Council develop and adopt draft recommendations for the
2022 Community Development Block Grant (CDBG) funds. [Public Works]
2. Urgency Ordinance Adopting Interim Standards for the Implementation of
Senate Bill 9
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt an Urgency Ordinance adopting interim
standards for the implementation of Senate Bill 9 (Government Code Sections
65852.21 and 66411.7), regarding urban lot splits and urban (second) dwelling
units on single-family zoned sites in the City of Atascadero. [Community
Development]
3. Community Facilities District 2005-1 – Annexation No. 24
▪ Fiscal Impact: Assessments for the Halcon annexation are estimated to be
between $2,200 - $2,400 annually beginning in fiscal year 2022-2023, and
adjusted each year for inflation.
▪ Recommendations: Council:
1. Conduct the public hearing for the proposed annexation.
2. Adopt Draft Resolution A; authorizing the territory identified in City Council
Resolution 2021-068 to be annexed into Community Facilities District No.
2005-1, authorizing the levy of a special tax and submitting the levy of a
special tax to qualified electors.
3. Direct the City Clerk to conduct a landowner vote of annexation and collect
and count the ballots.
Council to recess until ballots are counted
4. Adopt Draft Resolution B, declaring the results of a special annexation
landowner election for Annexation No. 24, determining the validity of prior
proceedings and directing the recording of an amendment to the notice of
special tax lien.
5. Introduce for first reading, by title only, Draft Ordinance, authorizing the levy
of special taxes in Community Facilities District 2005-1 for certain annexation
territory identified as Annexation No. 24. [Community Development]
C. MANAGEMENT REPORTS: None.
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 88
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
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
F. RECESS REGULAR MEETING TO CLOSED SESSION
COUNCIL CLOSED SESSION:
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Legal Counsel – Anticipated Litigation
Initiation of litigation pursuant to Section 54956.9(d)(4): One case
b. Conference with Legal Counsel – Existing Litigation
Government Code Sec. 54956.9(d)(1)
Name of Case: Sunderland v. City of Atascadero and Phil Dunsmore
San Luis Obispo Superior Court Case No. 21CVP-0074
Page 5 of 88
4. CLOSED SESSION – ADJOURNMENT
5. COUNCIL RETURNS
6. CLOSED SESSION – REPORT (IF ANY)
Announcement(s) of any reportable action(s) taken in Closed Session that occur(s) after the recess of Regular
Session will be made at the beginning of the next Regular City Council meeting as Closed Session is not recorded
or videotaped.
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person
may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence
delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be
distributed to the Council and available for review in the City Clerk's office.
Page 6 of 88
ITEM NUMBER: A-1
DATE: 12/14/21
Atascadero City Council
November 23, 2021
Page 1 of 5
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, November 23, 2021
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:0 1 p.m. and Council Member Funk led the
Pledge of Allegiance.
ROLL CALL:
Present: By Teleconference - Council Members Bourbeau and Funk, Mayor Pro
Tem Newsom, and Mayor Moreno
Absent: Council Member Dariz
Others Present: None
Staff Present: By Teleconference – City Manager Rachelle Rickards, Administrative
Services Director Jeri Rangel, Community Development Director Phil
Dunsmore, Public Works Director Nick DeBar, City Attorney Brian Pierik,
Deputy City Manager/City Clerk Lara Christensen, 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,
City Council Regular Session: 6:00 P.M.
City Council Closed Session: Immediately Following
Regular Session
Page 7 of 88
ITEM NUMBER: A-1
DATE: 12/14/21
Atascadero City Council
November 23, 2021
Page 2 of 5
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 4:0 by a roll-call vote. Dariz absent.
CLOSED SESSION – REPORT (IF ANY)
a. November 9, 2021
City Attorney Pierik reported that there was no reportable action from Closed Session on
November 9, 2021.
PRESENTATIONS: None.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – November 9, 2021
▪ Recommendation: Council approve the November 9, 2021 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. October 2021 Accounts Payable and Payroll
▪ Fiscal Impact: $3,552,746.20
▪ Recommendation: Council approve accounts payable, payroll and payroll
vendor checks for October 2021. [Administrative Services]
3. Sunken Gardens Tree Replanting and Protection
▪ Fiscal Impact: $16,500.00
▪ Recommendation: Council authorize the Administrative Services Director to
appropriate $16,500 of General Fund Reserves for the replanting and
protection of eight trees at Sunken Gardens. [Public Works]
4. Resolution Authorizing City Manager to Execute Participation Agreements
Regarding the Settlement of the National Opioid Litigation
▪ Fiscal Impact: The fiscal impact, assuming there is 100% participation by the
counties and cities in California will be $20,584.44 per year paid to the City
from the distributors for 18 years and $10,292.22 per year from Janssen for 9
years. There will be costs incurred by the City in administering the funds to
ensure spending for authorized purposes and also costs for complying with
the reporting requirements. If the City directs the funds to the County, then
the County will spend the funds and be responsible for the reporting
requirements.
▪ Recommendation: Council adopt Draft Resolution authorizing the City
Manager to execute participation agreements regarding the settlement of the
National Opioid Litigation. [City Attorney]
Page 8 of 88
ITEM NUMBER: A-1
DATE: 12/14/21
Atascadero City Council
November 23, 2021
Page 3 of 5
5. Virtual Meetings – AB 361 Requirements
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt Draft Resolution making findings consistent
with the requirements of AB 361 to continue to allow for the conduct of virtual
meetings. [City Manager]
MOTION: By Council Member Bourbeau and seconded by Council Member
Funk to approve the Consent Calendar. (#A-4: Resolution No. 2021-
072) (#A-5: Resolution No. 2021-073)
Motion passed 4:0 by a roll-call vote. Dariz absent.
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke by telephone or through the webinar on this item: None.
Mayor Moreno closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS:
1. SB9 Urgency Ordinance (CPP21-0095)
▪ Fiscal Impact: None.
▪ Recommendations: Council continue the public hearing to the December 14,
2021 City Council Meeting to allow additional time for drafting and review of
proposed guidance and local objective standards for the implementation of
SB9 (urban lot splits and urban dwelling units). [Community Development]
Ex Parte Communications
No Council Members had anything to report.
Community Development Director Dunsmore briefed the City Council on this item.
PUBLIC COMMENT:
The following citizens spoke on this item: None.
Mayor Moreno noted that the item would be continued to the
December 14, 2021 Regular City Council Meeting.
Page 9 of 88
ITEM NUMBER: A-1
DATE: 12/14/21
Atascadero City Council
November 23, 2021
Page 4 of 5
C. MANAGEMENT REPORTS:
1. Sale of Chicago Grade Landfill
▪ Fiscal Impact: None.
▪ Recommendations: Council authorize the City Manager to send a letter to
Chicago Grade Landfill, Inc. providing written consent from the City of
Atascadero for the sale of Chicago Grade Landfill to Waste Connections. [City
Manager]
Deputy City Manager Christensen gave the report and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: Sue
VanDelinder and Jeff Clarin
Mayor Moreno closed the Public Comment period.
MOTION: By Council Member Bourbeau and seconded by Council Member
Funk to authorize the City Manager to send a letter to Chicago Grade
Landfill, Inc. providing written consent from the City of Atascadero
for the sale of Chicago Grade Landfill to Waste Connections.
Motion passed 4:0 by a roll-call vote. Dariz absent.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members gave brief update reports on their committees since their
last Council meeting:
Mayor Moreno
1. Regional Economic Action Coalition (REACH)
Mayor Pro Tem Newsom
1. Design Review Committee
Council Member Bourbeau
1. Integrated Waste Management Authority (IWMA)
Council Member Funk
1. Design Review Committee
2. Homeless Services Oversight Council
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
Council Member Bourbeau noted the San Luis Obispo County Board of Supervisors is in the
redistricting process and has two maps they are considering. He noted his concern with
both maps and asked the Council Members to look at the maps and consider reaching out
Page 10 of 88
ITEM NUMBER: A-1
DATE: 12/14/21
Atascadero City Council
November 23, 2021
Page 5 of 5
to the Board of Supervisors with any concerns. Council Member Funk reported attending
and speaking at a Board of Supervisor’s meeting regarding the maps.
F. RECESS REGULAR MEETING TO CLOSED SESSION
Mayor Moreno recessed the Regular Meeting at 7:02 p.m. and convened the Closed Session
Meeting.
CITY COUNCIL CLOSED SESSION:
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Real Property Negotiators (Govt. Code 54956.8)
Real Property: 9510 Calle Milano, Atascadero, CA 93422
Agency Negotiator: Rachelle Rickard, City Manager
Negotiating Parties: Curtis J. Coleman and Julie A. Coleman
Subject of Negotiations: Price and terms of payment.
4. CLOSED SESSION – ADJOURNMENT
5. CLOSED SESSION – REPORT (IF ANY)
G. ADJOURN
Following Closed Session, the meeting was adjourned at 7:30 pm; no reportable action.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
APPROVED:
Page 11 of 88
ITEM NUMBER: A-2
DATE: 12/14/21
Atascadero City Council
Staff Report – City Manager’s Office
City Council 2022 Meeting Schedule
RECOMMENDATION:
Council approve the City Council meeting schedule for 2022.
DISCUSSION:
The City Council, pursuant to Chapter 2, Section 1.01 of the Atascadero Municipal Code,
meets the second and fourth Tuesday of each month. On occasion, the Council will hold
special study sessions and/or joint meetings with one or both of the Commissions on a
fifth Tuesday. Generally, in the summer months, the Council meets once a month and
avoids conflicts with major holidays. Staff has prepared the attached schedule for the year
2022 to help in the coordination of these meetings with personal schedules.
FISCAL IMPACT:
None.
ATTACHMENT:
City Council 2022 Meeting Schedule
Page 12 of 88
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
12/14/21
1
City of Atascadero
Office of the City Clerk
Atascadero City Council 2022 Meeting Schedule
MEETING DATE TYPE OF MEETING
January 11
January 25
Regular
Regular
February 8
February 22
Regular
Regular
March 8
March 22
Regular
Regular
April 12
April 26
Regular
Regular
May 10
May 24
Regular
Regular
June 14
June 28
Regular
Regular
July 12
Regular
August 9
Regular
September 13
September 27
Regular
Regular
October 11
October 25
Regular
Regular
November 8
November 22
Regular
Regular
December 13
Regular
Meetings are held at 6:00 p.m.
6500 Palma Avenue, Atascadero, CA 93422
(805) 470-3400
Page 13 of 88
ITEM NUMBER: A-3
DATE: 12/14/21
Atascadero City Council
Staff Report – Community Development Department
Contract Award
General Plan Update Project – Phase 1 Contract
(GPA21-0067)
RECOMMENDATION:
Council authorize the City Manager to execute a contract with MIG, Inc. to provide
planning consultant services for Phase 1 of the preparation of the Atascadero General
Plan Update Project.
DISCUSSION:
The City’s existing General Plan was adopted in 2002 and is ready to be updated to
accurately reflect our community vision and values and forecast growth and policy
objectives through 2045. This comprehensive process is an opportunity to evaluate
long-term growth and resources, community health and safety and a host of other
topics essential to our quality of life. It’s also an opportunity to gauge community values
and reflect on past City policy. This process involves substantial public outreach,
multiple public hearings, and a significant environmental review process. Commencing
this year, the process is expected to run through 2022 and i nto 2023 before final
adoption which is expected in mid-2023. Staff has selected MIG Consultants, Inc.
through a Request for Qualifications and interview process. The project will kick off in
late 2021 and will return to a hearing process to discuss the full scope with both the
Planning Commission and City Council in a joint session in early 2022. The scope will
then inform the refined work product and set staff and the Consultant on a path to
public outreach opportunities and community research towards new policy
development. Although the cost of each phase of the project will not be accurate until
scoping process completion, an amount has been estimated for Phase 1 and a contract
for subsequent phases will come before Council in early 2022 when the scope h as
been refined. Phase 1 is estimated to cost $43,016. A project webpage has already
been established so that members of the community can stay up to date on the project
timeline and progress: www.atascadero.org/GeneralPlan2045.
This project will be funded through the City’s General Fund. The City has budgeted
$450,000 for fiscal year 2021-22 and $635,000 for fiscal year 2022-23. Staff will be
continuing to seek grant funding opportunities to cover project costs.
Page 14 of 88
ITEM NUMBER: A-3
DATE: 12/14/21
The Consultant’s preliminary proposal of $1,101,503 is consistent for this type of work.
The final deliverable will be a final general plan with an environmental impact report .
The scope of work includes five project phases as follows:
1. Scoping (scope refinement and engagement strategy) ($43,016)
2. Discovery and Visioning (visioning and technical studies) ($TBD)
3. Exploring Alternatives (concepts) ($TBD)
4. A Plan for Atascadero 2045 (preferred alternative & Draft GPU/EIR) ($TBD)
5. Celebrating our Future (Adoption of the GPU and EIR) ($TBD)
It is important to note that the scope of work for this project will be refined through a
scoping process that will include input from the City Council and Planning Commission.
This scoping process will refine the project work scope and provide more clarity and
detail. Therefore, the total contract award for the proposed amount is preliminary. The
portion of the contract in this report is the amount necessary for phase 1, which is
estimated to cost $43,016.
FISCAL IMPACT:
Approval of Phase I of the planning consultant services will use $43,016 of budgeted
General Funds. The City has budgeted $450,000 for fiscal year 2021-22 and $635,000
for fiscal year 2022-23 to encompass all phases of the General Plan Update . Staff will
be continuing to seek grant funding opportunities as an alternative to using General
Funds.
ALTERNATIVES:
Council may direct staff to modify the scope of work as appropriate.
ATTACHMENT:
MIG, Inc. Contract for Phase 1 of the General Plan Up date Project. Full preliminary
scope of work and estimated budget for future phases of the project included.
Page 15 of 88
CITY OF ATASCADERO
CONTRACT FOR
MIG, Inc.
for
General Plan Update Project
ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
Page 16 of 88
rev 5/1/06 1
792119.3
CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
MIG, Inc.
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation (“City”) and MIG, Inc. (“Consultant” or “MIG”). City and Consultant agree
as follows:
1. SCOPE AND STANDARDS:
A. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports
and carry out all activities necessary to complete the services described in the SCOPE OF
WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this
reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known
as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be
incorporated in all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant
enters into this Contract as, and shall at all times remain as to the City, an independent contractor
and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent
with this relationship or status. Any persons employed by Consultant for the performance of
services pursuant to this Contract shall remain employees of Consultant, shall at al l times be
under the direction and control of Consultant, and shall not be considered employees of City.
All persons employed by Consultant to perform services pursuant to this Contract shall be
entitled solely to the right and privileges afforded to Consultant employees and shall not be
entitled, as a result of providing services hereunder, to any additional rights or privileges that
may be afforded to City employees.
ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
Page 17 of 88
City of Atascadero
MIG, Inc.
rev 5/1/06 2
792119.3
B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby
represents it has satisfied itself by its own investigation and research regarding the conditions
affecting the work to be done and labor and materials needed, and that its decision to execute
this Contract is based on such independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person’s race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Consultant are to commence upon execution of this Contract by City, and
shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope
of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract
shall terminate no later than December 31, 2023 unless extended by the mutual agreement of
both parties.
4. COMPENSATION:
A. TERMS. Compensation to the Consultant shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING . Consultant shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager’s
designee (hereinafter “City Manager” shall include the City Manager’s designee). Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed
to by City and Consultant at the time City’s express written authoriza tion signed by the City
Manager is given to Consultant for the performance of said services.
ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
Page 18 of 88
City of Atascadero
MIG, Inc.
rev 5/1/06 3
792119.3
5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:
A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Consultant shall comply with the City
Manager’s request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Consultant may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Consultant is legally obligated to comply
with these Contracts. It is expressly the intent of the partie s and it is agreed by the parties that
the Consultant’s performance shall not in any manner be subject to any bargaining agreement(s)
or any other agreement(s) the Consultant may have covering and/or with is employees.
C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort
to maintain the stability and continuity of Consultant’s staff assigned to perform the services
required under this Contract. Consultant shall notify City of any changes in Consultant’s staff to
be assigned to perform the services required under this Contract and shall obtain the approval
of the City Manager of a list of all proposed staff members who are to be assigned to perform
services under this Contract prior to any such performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Consultant shall be
compensated for non-disputed fees under the terms of this Contract up to the date of termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Consultant shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Consulta nt, and the City may withhold any
payments due to Consultant until such time as the exact amount of damages, if any, due the
City from Consultant is determined. All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination.
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7. CHANGES:
The City or Consultant may, from time to time, request changes in the scope of the
services of Consultant to be performed hereunder. Such changes, including any increase or
decrease in the amount of Consultant’s compensation and/or changes in the schedule must be
authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated
in written amendments to this Contract. Any increase in the amount of Consultant’s
compensation and/or changes in Exh ibit A and or Exhibit B must be authorized in advance by
the City Manager.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials prepared by the Consultant under this Contract are upon creati on and shall be
at all times the exclusive property of the City, and the Consultant shall have no property right
therein whatsoever. City agrees that Consultant shall bear no responsibility for any reuse of the
materials prepared by the Consultant if used for purposes other than those expressly set forth
in the Intended Use of Consultant’s Products and Materials section of this Contract. Consultant
shall not disseminate any information or reports gathered or created pursuant to this Contract
without the prior written approval of City including without limitation information or reports
required by government agencies to enable Consultant to perform its duties under this Contract
and as may be required under the California Public Records Act excepting therefrom as may be
provided by court order. Consultant will be allowed to retain copies of all deliverables.
B. CONSULTANT TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Consultant shall deliver to the
City, all data, drawings, specifications, reports, estimates, summaries and other such materials
and property of the City as may have been prepared or accumulated to date by the Consultant
in performing this Contract. Consultant will be allowed to retain copies of all deliverables to the
City.
9. CONFLICTS OF INTEREST:
A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conf lict in any manner with the
interests of City or which would in any way hinder Consultant’s performance of services under
this Contract. Consultant further covenants that in the performance of this Contract, Consultant
shall take reasonable care to ensure that no person having any such interest shall be employed
by it as an officer, employee, agent or subcontractor without the express written consent of the
City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of
any conflicts of interest with the interests of City in the performance of this Contract. Consultant
agrees to include language similar to this Section 9(A) in all contracts with subcontractors and
agents for the work contemplated herein.
10. CONFIDENTIAL INFORMATION:
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A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared
or assembled by Consultant pursuant to performance of this Contract are confidential and
Consultant agrees that they shall not be made available to any individual or organization without
the prior written approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party’s, including the non -releasing party’s
attorney’s fees and disbursements, including without limitation expert’s fees and disbursements.
C. COOPERATION. City and Consultant shall promptly notify the other party should
Consultant or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request f or documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City. City and Consultant each retains the right, but has no obligation,
to represent the other party and/or be present at any deposition, hearing or similar proceeding.
Consultant and City agree to cooperate fully with the other party and to provide the other party
with the opportunity to review any response to discovery requests provided by Consultant or
City. However, City and Consultant’s right to review any such response does not imply or mean
the right by the other party to control, direct, or rewrite said response.
11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract. City acknowledges that all equipment and other tangible
assets used by Consultant in providing these services are the property of Consultant and shall
remain the property of Consultant upon termination of this Contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo. All such
items shall be approved by the City Manager and shall be provided at City’s sole cost and
expense.
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12. COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of applicable
local, state, and federal laws and regulations which may affect those employed by it or in any
way affect the performance of its services pursuant to this Contract. Consultant shall observe
and comply with all applicable laws, ordinances, regulations and codes of federal, state and
local governments, and shall commit no trespass on any public or private property in
performing any of the work authorized by t his Contract. Consultant shall at all times hold a
valid contractor’s license if performing any function or activity for which a license is required
pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business
and Professions Code, and Consultant shall provide a copy of the license(s) upon the request
of the City. The City, its officials, officers, elected officials, appointed officials and employees
shall not be liable at law or in equity as a result of any failure of consultant to comply with this
section.
B. PREVAILING WAGES. In the event it is determined that the Consultant is required
to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay
all penalties and wages as required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. Consultant shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either directly
or indirectly employed by them, as it is for the negligent acts and omissions of persons directly
employed by Consultant.
14. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment
or notation. However, claims for money due or to become due Consultant from the City under
this Contract may be assigned to a financial institution, but only with prior written consent of the
City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be
furnished promptly to the City. The rights and benefits under this agreement are for the sole and
exclusive benefit of the City and this Contract shall not be construed that any third party has an
interest in the Contract.
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15. LIABILITY OF CONSULTANT:
Consultant shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Consultant’s profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors and
subcontractors. The City shall have no right of control over the manner in which the work is to
be done but only as to its outcome, and shall not be charged with the responsibility of preventing
risk to Consultant or its employees, agents, contractors or subcontractors.
16. INDEMNIFICATION:
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional standard of care for Consultant’s Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials,
employees and agents (“Indemnified Parties”) from and against any and all losses, liabilitie s,
damages, costs and expenses, including attorneys fees and costs to the extent same are caused
in whole or in part by any negligen ce or wrongful act, error or omission of Consultant, willful
misconduct, or recklessness of its officers, agents, employees or subconsultants (or any entity
or individual that Consultant shall bear the legal liability thereof) in the performance of
professional services under this agreement. Defense costs shall be limited to claims that are
determined to have been caused by the negligence, wrongful acts, errors or omissions.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in
the performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest,
defense costs, and expert witness fees), where the same arise out of, are a consequence of, or
are in any way attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which consultant is legally liable, including but not
limited to officers, agents, employees or subconsultants of Consultant.
C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section for each
and every subconsultant or any other person or entity involved by, for, with or on behalf of
Consultant in the performance of this agreement. In the event consultant fails to obtain such
indemnity obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this section. Failure of City to monitor comp liance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend City as set forth here is binding on
the successor, assigns or heirs of Consultant and shall survive the termination of this agreement
or this section.
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17. INSURANCE:
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Cont ract. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible and in a form acceptable to the City, which the
City may specify and change from time to time. Consultant shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, sh all
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall
not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion,
sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent
allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination.
B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended; and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Consultant so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose sanctions
against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall,
reimburse City for the cost of all such sanctions imposed, together with any and all costs,
including attorneys’ fees, incurred by the City in connection therewith.
C. GOVERNING LAW . The City and Consultant understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
D. City has an interest in the qualifications of and capability of the persons and entities
that will fulfill the duties and obligations imposed upon Consultant by this Contract. In recognition
of that interest, neither any complete nor partial assignment of this Contract, may be made by
Consultant nor changed, substituted for, deleted, or added to without the prior written consent
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of City which consent shall not be unreasonably withheld. Any attempted
assignment or substitution shall be ineffective, null, and void, and constitute a material breach
of this Contract entitling City to any and all remedies at law or in equity, including summary
termination of this Contract. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses of conduct, prior dealings among the
parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions
waived, only by a subsequent written agreement executed by each of the parties. The parties
agree that this requirement for written modifications cannot be waived and any attempted waiver
shall be void.
G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity revise the provisions of this Contract and to
have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the various
sections are merely informational and shall not be construed as a substantive portion of this
Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier with
respect to any subsequent default or other matter.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
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J. NOTICES. All invoices, payments, notices, demands, requests,
comments, or approvals that are required to be given by one party to the other under this
Contract shall be in writing and shall be deemed to have been given if delivered personally or
enclosed in a properly addressed envelope and deposite d in a United States Post Office for
delivery by registered or certified mail addressed to the parties (deemed to have been received
three (3) business days after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
City Manager
6500 Palma Avenue
Atascadero, CA 93422
Consultant MIG, Inc
Laura Stetson
537 S. Raymond Avenue
Pasadena, Ca 91105
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Consultant warrant and represent that they have the authority to execute this Contract on behalf
of their agency and further warrant and represent that they have the authority t o bind Consultant
to the performance of its obligations hereunder.
Effective to this 24 day of November, 2021 by the parties as follows.
MIG
By:__________________________________
Daniel Iacofano, CEO
Approved as to form:
By:__________________________________
Brian Pierik, City Attorney
CITY OF ATASCADERO
By:__________________________________
Rachelle Rickard, City Manager
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CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers’ compensation or to undertake self -insurance in
accordance with the provisions of that code, and I h ave complied or will comply with such
provisions before commencing the performance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
CONSULTANT
_____________________________
Daniel Iacofano, CEO
MIG, Inc
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658615.1
DRAFT 06/4/01 4:33 PM A - 1
EXHIBIT A
Scope of Work
It is intended that the Consultant shall perform ALL phases (Phases 1 -6) of the General Plan Update
Project. Since the scoping of the General Plan Update (included in Phase 1 work) is critical to building
and determining a common understanding of the goals and priorities of the General Plan Update Project,
refinement of tasks to be performed and expected deliverables in Phases 2-6 will be executed at a later
date. This scope of work provides only a general outline of potential work to be performed in Phases 2-6
by the Consultant.
Addendums to this scope of work providing refined tasks, deliverables and schedules shall be prepared,
agreed upon and executed by the City and Consultant in advance of the commencement of Phases 2-6.
(Understanding that time is of the essence, this will not preclude the City and Consultant from beginning
agreed upon tasks in Phases 2-6 while details of those Phases are being worked out)
PHASE 1 - GENERAL PLAN UPDATE SCOPING
COST: $43,016
PHASE 1 TASKS
• Task 1.1: Coordination with City Staff
Key MIG Team members will have a coordination call with City staff to confirm the methods of
notification for the January 2022 scoping meeting, the messaging, and dissemination
responsibilities. Consultant will review the list of organizations to receive notification.
• Task 1.2: Initial Kick-off Meeting and City Tour
Consultant will meet with City staff to kick off the project, gather data and information based on a
data needs list provided by MIG), finalize protocols and communications, discuss the community
engagement process, and outline overall expectations and staff’s desired project outcomes (to be
refined following the scoping meeting). This meeting will provide an opportunity to:
o Review the draft work scope and project schedule;
o Discuss project goals, opportunities, and constraints;
o Discuss available and relevant background information and documents;
o Discuss the components and approach for the Community Involvement Strategy; and
o Discuss and confirm communication protocols and project management.
Consultant and City staff will also tour the City to identify potential change areas (via car or team
bus) and fully understand Atascadero’s planning context, mobility enhancement options,
character precedents, and economic development opportunities. Consultant will photodocument
the tour and provide a summary following the meeting and tour.
• Task 1.3: Scoping Meeting Briefing Book
To provide a common public understanding of what is required to be addressed in a General Plan,
the current planning foundation (General Plan guiding principles, goals and policies), and the
regional planning context, MIG will prepare a Scoping Meeting Briefing Book for Council members
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and Planning Commissioners. The book will be available to them at least two weeks prior to the
scoping meeting and can also be made available to the public via the City’s website. The book
will be prepared in PowerPoint format and will be highly graphic.
• Task 1.4: Conduct Scoping Meeting
MIG will conduct a teleconference with City staff to plan the scoping meeting and prepare a
PowerPoint presentation based on the briefing book.
The scoping meeting will be held in January 2022 as a joint Planning Commission/City Council
session. Consultant will work with staff to establish the session’s structure to maximize input from
the public, Commission, and Council, and to get clear direction from decision makers regarding
content, the community engagement program, and schedule. It is expected that the meeting will
be conducted as an in-person event that respects COVID-19 precautions, with a parallel Zoom or
similar platform that allows people participate virtually. It is expected that Laura Stetson, Dan
Amsden, and Noe Noyola of MIG will attend the meeting in person to facilitate the meeting, with
graphic recording the input on a wall graphic. The other team members will be available via the
virtual platform for questions from the Council, Commission, and public. Consultant anticipates a
three-hour meeting divided into two parts: 1) defining general direction for the content and
structure of the new General Plan and 2) outlining the public engagement strategy. The meeting
will begin with a presentation regarding:
o Importance of the General Plan
o Overview of required General Plan content
o Summary of current Atascadero General Plan
o Local and regional trends and influences to consider in creating the General Plan scope
o The preliminary work program and schedule MIG developed as part of the interview
process, largely to illustrate program phases and key milestones in a General Plan work
program
Key Consultant personnel will then facilitate the first part of the discussion focused on:
o Local considerations of top, medium, and low priority
o The big ideas for Atascadero to be considered in the General Plan program
o How to structure the General Plan to capture all topics important to the community
Consultant will capture the ideas on a wall graphic in real time. The outcome will be a framework
for the General Plan and the General Plan program structure. We do not plan to engage in a
discussion about the vision for Atascadero during the scoping meeting nor specific policy
direction, as these topics merit broad public engagement during subsequent phases of the work
program.
For the second part of the meeting, Consultant will lead the conversation regarding methods of
public engagement that will result in robust involvement and input from Atascadero residents,
business owners, and other community groups. Consultant will present options for upfront
interviews, workshops (in-person and online), surveys, pop-up events, and study sessions.
Consultant will also look to the Council and Commission to identify community groups for targeted
outreach, such as business organizations, homeowner associations, and often under-represented
voices. Consultant will refine the outcome will be a preliminary community engagement strategy
refine with City staff following the study session.
• Task 1.5: Community Involvement Strategy
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Based on the input from the scoping meeting, Consultant will prepare a detailed community
involvement strategy that identifies all events and activities and integrates them into the overall
work program. The associated budget will also be prepared. A draft of the strategy and budget
will be provided to City staff for review, and the versions approved by staff will be incorporated
into the work program for the contract.
In addition, Consultant will work closely with City staff at the onset of the project during this task
to help form the two key advisory groups, if the Council and Commission direct inclusion of these
groups in the process. Consultant highly recommend using an internal General Plan Technical
Advisory Committee to ensure participation from all City departments.
o General Plan Advisory Committee (GPAC): Consultant will work with City staff to identify
a list of potential members for the GPAC. The GPAC’s purpose is to fully involve the
community in the General Plan Update process and ensure their input and interests are
heard and reflected in the updated plan. We anticipate that the GPAC will provide
comments on major ideas and draft reports throughout the process and in particular,
detailed input on draft and preferred land use and transportation alternatives, and the
draft General Plan document. As part of this task, MIG will help the City form the GPAC.
The GPAC should include residents, business owners, property owners, environmental
group representatives, housing advocates, and members of the development
community. GPAC members will be identified and asked to participate throughout the
project. Consultant will also develop a GPAC Organizing Framework document that will
include purpose, roles, responsibilities, and procedures for the group.
o General Plan Technical Advisory Committee (GPTAC). Consultant will work with City
staff to form a GPTAC that will be made up of (but not limited to) representatives from all
City departments, the City Attorney’s office, and other partner public agencies (e.g.,
Atascadero Unified School District, San Luis Obispo County, Caltrans, etc.). The GPTAC
will meet during the General Plan Update process and will be primarily focused on
ensuring the technical accuracy of the General Plan and its associated environmental
review
• Task 1.6: Updated General Plan Update Work Program
As part of our interview process and as requested by the City, Consultant has already prepared
a preliminary work program. As noted above, this will be shared during the scoping meeting so
the Council and Commission can understand the work program phases, interrelationships of
proposed engagement activities to research work and deliverables, and the required
components of a General Plan. During the scoping meeting, the Council and Commission will
provide direction regarding priorities, topics to address, General Plan structure, and schedule.
From that direction, the Consultant will prepare the administrative draft of the entire work
program and budget for City review and revision of the scope of services and costs for this
contract. We will create the final work program and budget to incorporate City staff’s directed
refinements.
PHASE 1 DELIVERABLES
• City Tour Map (Illustrator/PDF)
• Kick-off Meeting Agenda (Word/PDF)
• Data and Materials Request List (Word/PDF)
• Draft and Final Scoping Meeting Briefing Book (PowerPoint/PDF)
• Scoping Meeting Agenda (Word/PDF)
• Scoping Meeting Presentation (PowerPoint/PDF)
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• Scoping Meeting Concise Summary (Word/PDF)
• Draft and Final Community Engagement Strategy (Word/PDF)
• Draft and Final Work Program, Budget, and Schedule (Word/PDF)
• Addendum to this agreement that would include a refined Scope of Work for Phases 2-6 and
related costs in accordance with the direction provided by Council in this Phase.
PHASE 2 DISCOVERY AND VISIONING
The exact scope and breadth of Phase 2 work will be refined and negotiated as a part of Phase I work.
An addendum detailing out the exact scope and cost will be executed after completion of Task 1.4
Conduct Scoping Meeting and near the time of commencement of Phase 2 work. Typical tasks and
deliverables for Phase 2 are expected to include:
EXPECTED COST: TBD. Estimated cost estimate range: $250,000-$350,000. Costs are to be
determine and negotiated based on the scope of the Project as determined in Phase I at the hourly rates
as shown in Exhibit B.
PHASE 2 EXPECTED TASKS
• Task 2.1: Notifications, Surveys and Translation Services
o Project Branding
o Project eNewsletters and eBlasts
o Social Media Updates
o Online Surveys:
• Task 2.2: Interactive Project Porta
• Task 2.3: Council, Commission, and Affinity Group Discussion
• Task 2.4: Base Mapping
• Task 2.5: Technical Studies
o Land Use and Community Form Technical Study
o Fiscal Conditions.
o Real Estate Trends and Market Opportunities.
o Biological Resources Technical Study.
o Cultural Resources Technical Study.
o Traffic and Mobility Technical Study.
o Noise Technical Study.
o Infrastructure Technical Study.
o Parks and Recreation Technical Study.
o Economic Conditions Technical Study.
o Environmental Justice and Equity Technical Study.
• Task 2.6: Existing Conditions and Policy Implications Atlas
• Task 2.7: Community Engagement Series #1 - Vision for the Future
o Technical Advisory Committee (GPTAC) Meeting #1
o General Plan Advisory Committee Meetings #1.
o Targeted Outreach #1.
o Community Workshop #1.
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• Task 2.8: Draft Vision and Guiding Principles
• Task 2.9: Planning Commission Study Session
• Task 2.10: City Council Study Session
PHASE 2 DELIVERABLES
• Kick-Off Meeting Agenda, Presentation and Summary (Word/PPT/PDF)
• Project Schedule (InDesign/PDF)
• General Plan Advisory Committee Formation and Organizing Framework (Word/PDF)
• Technical Advisory Committee Formation and Roles (Word/PDF)
• Project Branding Materials, including name, logo, icons, message (Illustrator/PDF/JPEG)
• Newsletters and Email Blasts (Digital/PDF)
• Social Media Updates (Digital)
• Online Surveys (Digital)
• Project Webpage (HTML/CSS)
• Stakeholder Interview questions and summary (Word/PDF)
• Base Mapping (Illustrator/GIS/PDF)
• Administrative Draft Technical Studies: Land Use and Urban Form; Biological Resources;
Cultural Resources; Traffic and Mobility; Noise; Infrastructure; Parks and Recreation; and
Economic Conditions (Word/PDF)
• Final Draft Technical Studies (Word/PDF)
• Existing Conditions and Policy Implications Atlas (PowerPoint/PDF/10 hard copies)
• GPTAC Meeting #1 agenda, presentation and summary (Word/PowerPoint/PDF)
• Targeted Stakeholder Outreach #1 summary (Word/PDF)
• GPAC Meeting #1 agenda, presentation and summary (Word/PowerPoint/PDF)
• Draft General Plan Vision and Guiding Principles (InDesign/PDF)
• Community Workshop #1 notice, agenda, presentation and summary (Word/PowerPoint/PDF)
• Planning Commission Study Session presentation and summary (PowerPoint/Word/PDF)
• City Council Study Session presentation and summary (PowerPoint/Word/PDF)
PHASE 3 EXPLORING ALTERNATIVES
The exact scope and breadth of Phase 3 work will be refined and negotiated as a part of Phase I work.
An addendum detailing out the exact scope and cost will be executed after completion of Task 1.4
Conduct Scoping Meeting and prior to the time of commencement of Phase 3 work. Typical tasks and
deliverables for Phase 3 are expected to include:
ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
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EXPECTED COST: TBD. Estimated cost estimate range: $125,000-$175,000. Costs are to be
determine and negotiated based on the scope of the Project as determined in Phase I at the hourly rates
as shown in Exhibit B.
PHASE 3 EXPECTED TASKS
• Task 3.1: Team Planning Charrette #1
• Task 3.2: Urban Footprint Land Use Alternatives
• Task 3.3: Concept Alternatives Summary
o Impacts on Public Service Expenditures
o Impacts on General Fund Revenues
o Net Fiscal Impact on General Fund
• Task 3.4: Community Engagement Series #2 – Exploring the Possibilities
o Technical Advisory Committee (TAC) Meeting #2.
o General Plan Advisory Committee Meetings #2.
o Targeted Stakeholder Outreach #2
o Community Workshop 2
• Task 3.5: Planning Commission Study Session
• Task 3.6: City Council Study Session
• Task 3.7: Emerging Preferred General Plan Alternative
PHASE 3 DELIVERABLES
• Team Charrette materials and summary (Word/GIS/PDF)
• Draft Focus Areas of Change (Illustrator/PDF)
• Three Land Use Scenarios for each Focus Area, with UrbanFootprint outputs (UF/GIS/PDF)
• Administrative Draft Concept Alternatives Summary (InDesign/PDF/10 hard copies)
• GPTAC Meeting #2 agenda, presentation and summary (Word/PowerPoint/PDF)
• Targeted Stakeholder Outreach #2 summary (Word/PDF)
• GPAC Meeting #3 and #4 notices, agendas, presentations and summaries
(Word/PowerPoint/PDF)
• Draft General Plan Vision and Guiding Principles (InDesign/PDF)
• Community Workshop #2 notice, agenda, presentation and summary (Word/PowerPoint/PDF)
• Planning Commission Study Session presentation and summary (PowerPoint/Word/PDF)
• City Council Study Session presentation and summary (PowerPoint/Word/PDF)
• Final Concept Alternatives Summary (InDesign/PDF/10 hard copies)
• Final Community Vision and Guiding Principles (InDesign/PDF)
• Emerging Preferred General Plan Alternative (Illustrator/Word/PDF)
ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
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PHASE 4 A PLAN FOR ATASCADERO 2045
The exact scope and breadth of Phase 4 work will be refined and negotiated as a part of Phase I work.
An addendum detailing out the exact scope and cost will be executed after completion of Task 1.4
Conduct Scoping Meeting and prior to the time of commencement of Phase 4 work. Typical tasks and
deliverables for Phase 4 are expected to include:
EXPECTED COST: TBD. Estimated cost estimate range: $400,000-$450,000. Costs are to be
determine and negotiated based on the scope of the Project as determined in Phase I at the hourly
rates as shown in Exhibit B
PHASE 4 EXPECTED TASKS
• Task 4.1: General Plan Framework
• Task 4.2: Administrative Draft 2045 General Plan
o Introduction
o Land Use and Community Form Element
o Mobility Element
o Conservation and Open Space Element
o Noise Element
o Safety Element
o Economic Development Element
o Environmental Justice Element
o Public Services and Infrastructure Element
o Implementation Plan
• Task 4.3: Community Draft 2045 General Plan
• Task 4.5: Community Engagement Series #3 - General Plan Open House
o Technical Advisory Committee Meeting #3
o General Plan Advisory Committee Meetings #3, #4 and #5
o Community Open House
• Task 4.6: Planning Commission Study Session
• Task 4.7: City Council Study Session
• Task 4.8: Draft 2045 General Plan
• Task 4.9: CEQA Initiation (IS, NOP, Scoping Meeting)
• Task 4.10: Draft Program EIR
o CEQA Guidelines sections:
15183 – Projects Consistent with a Community Plan or Zoning
15183.3 – Streamlining for Infill Projects
15152 – Tiering
15162 – Subsequent EIRs and Negative Declarations
15163 – Supplement to an EIR
15168 – Program EIR
ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
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o 14 focus topics will be of importance
1. Aesthetics
2. Air Quality
3. Biological Resources
4. Cultural and Historic Resources
5. Energy Use/Conservation
6. Geology and Soils
7. Greenhouse Gas Emissions (GHG )
8. Hazards and Hazardous Materials
9. Hydrology and Water Quality
10. Land Use and Planning
11. Noise and Vibration
12. Population and Housing
13. Public Services (including recreation
14. Transportation and Utilities and Service Systems
PHASE 4 DELIVERABLES
• Draft General Plan Framework (InDesign/PDF)
• Final General Plan Framework (InDesign/PDF)
• Administrative Draft 2045 General Plan (Word/Illustrator/GIS/PDF/5 printed copies)
• Community Draft 2045 General Plan (Word or InDesign/Illustrator/PDF)
• GPTAC Meeting #4 agenda, presentation, and summary Word/PowerPoint/PDF)
• GPAC Meeting #3, #4 and #5 notices, agendas, presentations, and summaries
(Word/PowerPoint/PDF)
• Draft General Plan Vision and Guiding Principles (InDesign/PDF)
• Community Workshop #2 notice, agenda, presentation, and summary (Word/PowerPoint/PDF)
• Planning Commission Study Session presentation and summary (PowerPoint/Word/PDF)
• City Council Study Session presentation and summary (PowerPoint/Word/PDF)
• Draft 2045 General Plan (Word or InDesign/PDF/10 hard copies)
• CEQA Initial Study and Notice of Preparation (Word/PDF)
• Administrative Draft Program EIR (Word/PDF)
• Screencheck Draft Program EIR (Word/PDF)
• Public Release Draft Program EIR (Word/PDF)
PHASE 5 CELEBRATE OUR FUTURE
The exact scope and breadth of Phase 5 work will be refined and negotiated as a part of Phase I work.
An addendum detailing out the exact scope and cost will be executed after completion of Task 1.4
ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
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Conduct Scoping Meeting and prior to the time of commencement of Phase 5 work. Typical tasks and
deliverables for Phase 5 are expected to include:
EXPECTED COST: TBD. Estimated cost estimate range: $50,000 – $75,000 Costs are to be
determine and negotiated based on the scope of the Project as determined in Phase I at the hourly
rates as shown in Exhibit B
PHASE 5 EXPECTED TASKS
• Task 5.1: Final EIR
• Task 5.2: Planning Commission Public Hearings (2)
• Task 5.3: City Council Public Hearings (2)
• Task 5.4: Final 2045 General Plan (print copy version)
• Task 5.5: Final 2045 General Plan ePlan (online version)
o Custom Software (optional add)
PHASE 5 DELIVERABLES
• Final Program EIR (Word/PDF)
• Final 2045 General Plan – Print Version (Word or InDesign/PDF)
• Final 2045 General Plan – Online ePlan Version (Digital/Tangerine)
• Planning Commission Public Hearings presentations (PowerPoint/PDF) (optional add)
• City Council Public Hearings presentations (PowerPoint/PDF)
PHASE 6 ONGOING TEAM COORDINATION
The exact scope and breadth of Phase 6 work will be refined and negotiated as a part of Phase I work.
An addendum detailing out the exact scope and cost will be executed after completion of Task 1.4
Conduct Scoping Meeting and prior to the time of commencement of Phase 6 work. Typical tasks and
deliverables for Phase 6 are expected to include:
EXPECTED COST: TBD. Estimated cost estimate range: $50,000-$75,000. Costs are to be determine
and negotiated based on the scope of the Project as determined in Phase I at the hourly rates as
shown in Exhibit B
PHASE 6 EXPECTED TASKS
• Task 6.1: Client Coordination Calls and Meetings (24 months)
• Task 6.2: Ongoing Project Management (24 months)
• Task 6.3: Other Agency Meetings (15)
ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
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EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $ 43,016
WITHOUT PRIOR WRITTEN AUTHORIZATION
Services for Phases 1-6 will be conducted on a time and material basis not to exceed for each
Phase or group of Phases as negotiated at the hourly rates as set forth in Table B-1. Prior to
the scoping meeting as outlined in Phase 1, it is estimated that the total cost of this contract
will be between $900,000 and $1,500,000.
Services for Phase 1 will be conducted on a time and material basis not to exceed $ 43,016 All
additional services authorized by the City of Atascadero, not included in the scope of services
for Phase 1 as defined by this contract, including the scope of work and estimated not to
exceed prices for Phases 2-6 shall be approved in writing by the Consultant and City prior to or
near the commencement of work in that Phase . All work authorized by a City of Atascadero
will be compensated at the same hourly cost for the defined services as agreed to in the
attached Table B-1. Payment will be made within 30 days after receipt and approval of
invoice.
Payments to the consultant in excess of the Phase 1 contract amount of $ 43,016 will not be
made unless written authorization is executed prior to the date of the additional requested work.
Any charges incurred outside of these contract terms will not be authorized for payment.
MIG, Inc
______________________________
Daniel Iacofano, CEO
ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
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EXHIBIT B
Compensation and Method of Payment
Intial Person
Assigned Hourly Rate
MIG Principal In Charge L. Stetson 225.00$
MIG Project Manager D. Amsden 195.00$
MIG Zoning/Reg. Lead G. Sharrow 160.00$
MIG Urban Planner / GIS Specialist J. Rodriquez 150.00$
MIG Engagement Lead N. Noyola 140.00$
MIG Website and Technology R. Bullard 145.00$
MIG Environmental & CEQA Associates -130.00$
MIG Planning & Engagement Associates -115.00$
MIG Project Administrator -120.00$
SWCA Project Manager E. Creel 210.00$
SWCA Environmental Planner B. Cummings 143.00$
SWCA Natural Resources J. Claxton 210.00$
SWCA Senior Biologist -160.00$
SWCA Biologist -112.00$
SWCA Cultural Resources Team Leader L. Leroy 205.00$
SWCA Archeologist/Architectural -145.00$
SWCA CADD/GIS -133.00$
SWCA Technical Editor -123.00$
CCTC Principal -220.00$
CCTC Senior Engineer -185.00$
CCTC Engineer -115.00$
CCTC Graphics -95.00$
EPS Principal A. Kanat 275.00$
EPS Senior Assoicate J. Cranor 205.00$
BKF Principal -251.00$
BKF Associate/Senior PM -219.00$
BKF Senior Project Engineer -183.00$
Ambient Senior Staff -155.00$
Ambient Analyst -65.00$
Professional Service Provided
TABLE B-1
HOURLY RATES
ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
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EXHIBIT B
Compensation and Method of Payment
ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
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ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
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EXHIBIT C
Schedule
ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
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DRAFT 06/4/01 4:33 PM D - 1
EXHIBIT D
Insurance Requirements
INSURANCE REQUIREMENTS: CONSULTANT SERVICES
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons o r
damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant , its
agents, representatives, employees, or subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence
limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consult ant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contai n,
the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability
arising out of activities performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed
by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City,
its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the
City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the City.
ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
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Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
Additional Insured
The City of Atascadero will need to be added to the policy as Additional Insured by endorsement, adding the City’s name to
the Certificate of Insurance is not sufficient and will not be accepted.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required
insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause
must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All endorsements are to be received and approved by the City before work commences.
ITEM NUMBER: A-3
DATE: 12/14/21
ATTACHMENT: 1
Page 43 of 88
ITEM NUMBER: A-4
DATE: 12/14/21
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 continue 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 relaxed various Brown Act meetin g 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 most recent extension of those Orders expired on September 30, 2021.
On Friday, September 17, 2021, the Governor signed AB 361 . 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.
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. The City Council previously adopted Resolution No. 2021-066
on September 28, 2021, finding that the requisite conditions exist for the legislative
bodies of the City of Atascadero to conduct remote teleconference meetings in
compliance with AB 361. (Government Code Section 54953(e).) AB 361 requires the
City Council to reconsider the circumstances of the state of emergency not later than 30
days after teleconferencing for the first time pursuant to AB 361 and every 30 days
thereafter in order to continue to conduct remote teleconference meetings. The City
Council previously adopted Resolution No. 2021-069 on October 26, 2021 and
Resolution No. 2021-073 on November 23, 2021, making the requisite findings to
continue remote teleconferencing.
In order to continue remote teleconferencing, the City Council must make the following
findings (Gov. Code § 52953(e)(3)):
Page 44 of 88
ITEM NUMBER: A-4
DATE: 12/14/21
• The City Council has reconsidered the circumstances of the state of emergency.
• Any of the following circumstances exist:
o The state of emergency continues to directly impact the ability of the
members to meet safely in person.
o State or local officials continue to impose or recommend measures to
promote social distancing.
On August 31, 2021, County Health Officer issued Order No. 6 requiring face coverings
in all public indoor settings and this order continues to remain in effect. Additionally, the
City remains subject to 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, espec ially
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 45 of 88
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
12/14/21
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; and
WHEREAS, the City Council previously adopted Resolution No. 2021-066 on
September 28, 2021, Resolution No. 2021-069 on October 26, 2021, and Resolution No. 2021-073
on November 23, 2021, finding that the requisite conditions exist and continue to exist for the
legislative bodies of the City of Atascadero to conduct remote teleconference meetings in
compliance with Government Code Section 54953(e); and
WHEREAS, Government Code Section 54953(e) requires that the City Council must
reconsider the circumstances of the state of emergency every 30 days in order to continue to
conduct remote teleconference meetings in compliance with AB 361.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
Page 46 of 88
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
12/14/21
1
SECTION 1. Recitals. The above recitals are true and correct and are incorporated into
this Resolution by this reference.
SECTION 2. Findings. The City Council does hereby find that:
1. The City Council has reconsidered the circumstances of the state of emergency
declared as a result of the COVID-19 pandemic.
2. The COVID-19 pandemic continues to directly impact the ability of the members to
meet safely in person whereby holding legislative body meetings in person will present
imminent risk to the health and safety of attendees.
3. State or local officials continue to impose or recommend measures to promote social
distancing.
SECTION 3. 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).
SECTION 4. 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 47 of 88
ITEM NUMBER: B-1
DATE: 12/14/21
Atascadero City Council
Staff Report – Public Works Department
2022 Community Development Block Grant
Draft Recommendations
RECOMMENDATION:
Council develop and adopt draft recommendations for the 2022 Community Development
Block Grant (CDBG) funds.
DISCUSSION:
Background
The 2022 CDBG award process began in the fall of 2021. Workshops were held
throughout the County to solicit public comment on community needs. The County
published a request for CDBG proposals and the City received six applications. Total
available funding for the 2022 cycle, based on previous levels, is anticipated to be
approximately $139,465. Final funding amounts are anticipated to be released by the
Department of Housing and Community Development (HUD) in spring 2022.
CDBG funds are available for community development activities, which meet at least one
of the three national objectives:
1. A benefit to low and moderate-income persons;
2. Aid in the prevention or elimination of blight;
3. Address urgent needs that pose a serious and im mediate threat to the health or
welfare of the community.
In order for a program to qualify under the low and moderate in come objective, at least
51% of the persons benefiting from the project or program must earn no more than 80%
of the area median. Additionally, at least 70% of the CDBG funds must be spent toward
this objective.
There is a minimum award threshold of $8,000 per project, meaning the City can only
allocate less than $8,000 for a particular public service activity if another agency in the
County commits to programming the remainder to equal a Countywide cumulative total
of at least $8,000. This will apply to the 2022 application from the 5 Cities Homeless
Coalition for $2,100.
Page 48 of 88
The following criteria should also be used to guide selection of CDBG programs:
1. The proposal is consistent with the national objectives and eligibility criteria of
the HUD CDBG program;
2. The proposal is consistent with the Urban County Consolidated Plan;
3. The proposal is consistent with the General Plan and other City
codes/ordinances.
4. The proposal will achieve multiple community development objectives;
5. The proposal can be implemented in a timely manner, without significant
environmental, policy, procedural, legal, or fiscal obstacles to overcome; and
6. The project is not financially feasible without CDBG funding.
Analysis
The City received the following applications for the 2022 funding cycle:
Public Facilities (PF) and Housing Projects (HP) – Estimated 2022 Allocation
$90,652
City of Atascadero – Santa Rosa (PF) $95,000
Peoples’ Self Help Housing – Del Rio Ridge (HP) 139,465
Public Services – Limited to 15% of 2022 Allocation ($20,920)
City of Atascadero – Youth Activity Scholarships 12,500
El Camino Homeless Organization (ECHO) – Operation of Homeless Shelter 13,000
5 Cities Homeless Coalition – Subsistence Payments, Homeless Assistance & Security
Deposits
2,100
Peoples’ Self Help Housing – Supportive Housing Program 21,383
Administration – Limited to 20% of 2022 Allocation ($27,893)
City Program Administration Costs 9,763
County Program Administration Costs 18,130
Total Funds Requested $311,341
Atascadero received two applications for Public Facilities/Housing Projects totaling
$234,465, which exceeds the estimated allocation of $90,652 by $143,813. There are
four applicants for public services funding with the requests totaling $48,983, exceeding
the estimated public service allocation of $20,920 by $28,063. As part of the CDBG
process, Council must develop a draft recommendation for the 20 22 grant year that meets
the funding criteria while adhering to the categorical limits.
Remaining 2018 Traffic Way Sidewalk Accessibility project and 2020 Youth Scholarship
funds are recommended to be reallocated to the 2022 Santa Rosa Accessibility project.
Administrative Reallocation- City of Atascadero
2018 Traffic Way Accessibility Reallocation to 2022 Santa Rosa Accessibility $24,847
2020 Youth Scholarship Reallocation to 2022 Santa Rosa Accessibility 277
Total Administration Reallocation to Santa Rosa Accessibility $25,124
ITEM NUMBER: B-1
DATE: 12/14/21
Page 49 of 88
Upon approval, the draft funding recommendations will be forwarded to the County for
publishing along with recommendations from all participating agencies. A minimum of 30
days after publication, a second workshop will be held to allow questions from applicants
regarding the draft recommendations, after which the draft allocations will be forwarded
to City Council, with comments from the workshop, for final approval and forwarded to the
County Board of Supervisors. The following is a brief explanation of the funding groups
and applications within each:
PUBLIC FACILITIES (PF) & HOUSING PROJECTS (HP) 2022 Funds Available: $90,652
Public Facilities are defined as activities relating to real property, including the acquisition,
construction, rehabilitation or installation of public improvements.
City of Atascadero –Santa Rosa Barrier Removal Project (PF)
Funds Requested: $95,000
The Santa Rosa sidewalk, from the northwest corner of El Camino Real to the north bound
Freeway 101 on ramp (adjacent to Motel 6), warrants improvements to increase
accessibility for the traveling public due to its dilapidated and non-compliant condition.
This project proposes to remove and replace approximately 400 linear feet of currently
non-ADA compliant sidewalk between El Camino Real and the US 101 northbound on -
ramp, and a curb ramp at the NW corner of El Camino Real and Santa Rosa Road. In
addition, a small (3’-5’) retaining wall, handrail, and associated curb and gutter work will
complete the project. The infrastructure improvements providing wheelchair ramps and
ADA compliant sidewalks will aid those with mobility impairm ents.
Council approved this project for CDBG funding in 2020 and it is currently in the final
design phase with the City’s engineering consultant. An updated engineer’s estimate
shows a substantial increase in project cost from the original estimate created in 2019.
The updated project costs are estimated at $235,000 with $115,937 previously allocated
in 2018 (reallocated funds) and 2020 CDBG funds leaving a project shortfall of $119,000.
2022 CDBG funds, along with the Traffic Way Accessibility and Youth Scholarship
reallocations could provide the funding needed to complete the Santa Rosa Barrier
Removal project.
Peoples’ Self Help Housing (PSHH) – Del Rio Ridge (HP)
Funds Requested: $139,465
PSHH is proposing to develop an affordable multi-family residential apartment project on
a 1.95-acre project site located east of Highway 101 and accessed off El Camino Real
(2455 El Camino Real / APN 049-151-056) in Atascadero. The project will provide 42
units, which will be 100% affordable. The apartments will range from 1, 2, and 3 bedroom
units. The project will target income levels of extremely low, to low income.
Amenities would include a 3,865 square foot community room with a kitchen,
multipurpose room, laundry facilities, restrooms, and office space for the onsite manager
and resident supportive services. Other amenities will include a courtyard with children’s
play equipment and a basketball court.
ITEM NUMBER: B-1
DATE: 12/14/21
Page 50 of 88
CDBG funds of $139,465 and HOME-ARP funds of $600,000 would be used to assist in
repaying the acquisition costs for Del Rio Ridge. Title 29 funds of $229,700, City of
Atascadero in-lieu funds of $400,000 and SLO Housing Trust Fund funds of $800,000 will
assist with the construction of new units. PSHH is also applying for tax credit financing.
The total project budget is $24,159,538.
PUBLIC SERVICES – (15% cap) 2022 Funds Available: $20,920
CDBG regulations allow for a wide range of public service activities, including, but not
limited to: employment services, crime prevention, childcare, health services, substance
abuse services, fair housing counseling and recreational services.
City of Atascadero – Youth Activity Scholarship Fund
Funds Requested: $12,500
The City administers the Youth Activity Scholarship Fund to allow the children of very low
and low-income families to participate in recreational and social activities, to keep children
active and engaged. Because this program is limited to very-low and
low-income families, the benefit criteria will be met.
Every youth serving organization in Atascadero has received requests for assistance in
paying registrations or enrollment fees for their activities. Many families are unable to
afford fees that usually range from $35 per child to $300 per child. Applications have
grown dramatically over the past several years, but the need has been more acute in the
last couple of years. These children would not be able to participate in the activities that
promote self-esteem, feelings of community, friendships, health, etc. if they are not
provided with financial aid.
El Camino Homeless Organization (ECHO) Navigation Centers – Operation of Homeless
Shelter and Meals
Funds Requested: $13,000
ECHO operates Navigation Centers with overnight shelters in Atascadero and Paso
Robles, a winter shelter in Atascadero, outreach to community members who are
unhoused, and support for those in danger of being evicted from housing.
ECHO’s Atascadero Navigator Center has a 60-bed shelter serving all county residents,
and providing care for medically fragile clients. Through a partnership with People’s Self-
Help Housing and Housing Authority SLO, ECHO added 60 beds in 2020 by purchasing
a Motel 6 property in Paso Robles with a state Project Homekey grant. ECHO is also
operating a winter shelter site in Atascadero and increased street outreach to help the
chronically homeless with COVID-19 safety and hygiene while encouraging the use of
shelter programs.
At the Navigation Centers, shelter clients and the unsheltered access case management,
employment and benefits resources, and housing resources. ECHO helps clients to
connect with agencies providing health and mental health services, recovery programs,
educational assistance, and other services that will help clients reach their goals of stable
housing and physical and mental well-being. Nightly meal programs serve up to 160
ITEM NUMBER: B-1
DATE: 12/14/21
Page 51 of 88
residents and community members each evening with take-out meals during the
pandemic. The public shower program provides access to showers and donated clothing
five times weekly for those not staying in a shelter.
5 Cities Homeless Coalition (5CHC) – Homeless Services: Shelter, Outreach & Homeless
Prevention
Funds Requested: $2,100
5CHC provides homeless services including coordinated entry, street outreach, emergency
shelter, and housing navigation services. Focusing on helping clients to secure and maintain
stable housing, 5CHC conducts outreach, sheltering, coordinated assessment, and case
management to provide rapid re-housing and homeless prevention services to residents of
San Luis Obispo County, utilizing Housing First principles of providing housing support
coupled with supportive services.
Through case management, those who are experiencing homelessness will be supported
with their immediate needs (including food and shelter) while also receiving coaching, financial
literacy, advice on credit repair, and life and job skill guidance coupled with short-term financial
assistance for move-in expenses or homeless prevention rental assistance.
This program will be supported by other services also provided by 5CHC, including
benefits determination and streamlining access, client resource center (mailing address,
computer access, printer, phone, internet), transportation and utilities assistance, family
reunification opportunities, and documentation assistance.
The investment in housing subsidies for deposit, and rent for eviction prevention
addresses the challenges of homelessness, and preventing homelessness.
Peoples’ Self Help Housing (PSHH) – SLO County Supportive Housing Program
Funds Requested: $21,383
PSHH will provide clinical social services and case management through the San Luis
Obispo County Supportive Housing Program (SHP), developing personalized wrap-around
services for those living at PSHH’s 26 affordable, sliding-scale rental properties in the
County. Most households are certified as very-low-income at time of move-in, meaning they
earn 50% or less of Area Median Income. Free confidential services are provided by
licensed and associate clinical social workers with a master’s degree in social services.
PSHH will provide continued services at PSHH properties throughout San Luis Obispo
County. SHP will serve approximately 500 households through over 3,500 hours of clinical
social work and case management.
ADMINISTRATION – (20% cap) 2022 Funds Available: $27,893
City of Atascadero – CDBG Program Administration- (7% cap)
Allocated Funds: $9,763
Significant City staff time from Public Works and Administrative Services is required for
CDBG administration, and coordination with County Planning staff. The City’s
ITEM NUMBER: B-1
DATE: 12/14/21
Page 52 of 88
administrative portion of the funding cannot exceed 7%, or $9,763 of the total
administrative grant amount.
If administration costs exceed the funding allocation, the remaining cost of administering
the program will need to be paid from the general fund.
County of San Luis Obispo – CDBG Program Administration- (13% cap)
Allocated Funds: $18,130
Due to the complexity of grant administration responsibilities and the consequences of
non-compliance, HUD recommends that the County provide all monitoring and oversight
for all CDBG grants. The County assumes the duties of project oversight, and receives
a required 13% of the total grant funds for administration services for Atascadero in the
amount of $18,130.
Conclusion
The City received funding requests for approximately $171,876 more than the anticipated
2022 available CDBG funding. In addition, there are limits related to categories of funding
for Public Services and Administration. As part of the CDBG process, Council must
develop a draft recommendation for the 2022 grant year that meets the funding criteria
while adhering to the category limits. A final recommendation will be made by Council in
March 2022.
FISCAL IMPACT:
Approval of Atascadero’s total 2022 CDBG allocation would result in the estimated
revenue and expenditure of $139,465 of CDBG funds.
ALTERNATIVES:
CDBG allocation awards must meet program requirements, providing a minimum of 70%
of funding to benefit low- and moderate-income persons, and no more than 15% may be
allocated to the public service category.
ATTACHMENTS:
None.
A complete packet of submitted applications is available for public review by appointment
at the City of Atascadero, Public Works Department, 6500 Palma Avenue.
ITEM NUMBER: B-1
DATE: 12/14/21
Page 53 of 88
ITEM NUMBER: B-2
DATE: 12/14/21
Atascadero City Council
Staff Report – Community Development
Urgency Ordinance Adopting Interim Standards
for the Implementation of Senate Bill 9
RECOMMENDATION:
Council adopt an Urgency Ordinance adopting interim standards for the implementation
of Senate Bill 9 (Government Code Sections 65852.21 and 66411.7), regarding urban lot
splits and urban (second) dwelling units on single-family zoned sites in the City of
Atascadero.
DISCUSSION:
Background
On September 16, 2021 the governor signed Senate Bill 9 (SB9) into law in an effort to
streamline the development of housing and allow up to two housing units on many existing
single-family zoned sites and allowing lot splits on existing single-family zoned sites without
the need for a hearing or project conditions. The law amends or adds Government Code
Sections 65852.21, 66411.7 and 66452.6 related to land use and property subdivisions.
SB9 does three things:
1. Allows for the development of one additional dwelling unit on the same lot as a
primary residence on all single-family zoned parcels within the urbanized area of a
city
2. Requires that cities ministerially (no hearing, no project conditions) approve Urban
Lot Splits of single-family properties within the urbanized area, and thus allowing up
to two units on each of the new resulting lots.
3. Allows the City to approve 24-month time extensions to Tentative Maps rather than
the current 12-month limit
The government code grants the City the authority to deny applications pursued in
accordance with these government code sections based on health and safety issues or
significant impacts on the physical environment. The law also allows cities to apply
objective standards associated with the construction of new units or the design of the
subdivision. Much of the City of Atascadero has constraints to development based on a
variety of factors. Fire safety, limited access, on-site wastewater overconcentration,
historical resources, and sensitive environmental resources present concerns that require
additional review and analysis. As SB9 goes into effect on January 1, 2022, staff is
Page 54 of 88
ITEM NUMBER: B-2
DATE: 12/14/21
proposing an urgency ordinance to provide interim guidance on areas where impacts to
health and safety, in addition to the physical environment, cannot be mitigated without more
in-depth study. Interim objective design standards are also identified to ensure that added
density maintains the single-family character of existing neighborhoods and provides for
neighborhood compatibility.
Staff has identified the following as areas of concern for increased density and subdivisions
that circumvent City zoning standards:
1. Areas not served by city sewer
2. Neighborhoods without accessible secondary emergency egress routes
3. Properties with average slopes of 30% or greater
4. Properties that include creeks, wetlands or sensitive habitat
5. Properties in locations of known archeological resources
6. Properties that include historic resources
Urbanized Area
SB9 only applies to parcels within single-family residential zones that are wholly in, or
partially within, the Urbanized Area, as defined by the US Census Bureau. Atascadero is
included on the El Paso de Robles (Paso Robles) – Atascadero, CA 27261 map. The
area includes the east side of the City in addition to approximately half of the west side.
Urbanized
Area
Outside of
Urbanized
Area
Page 55 of 88
ITEM NUMBER: B-2
DATE: 12/14/21
The boundary is not a parcel specific boundary and therefore, some parcels may be
partially within the Urbanized Area. State law mandates that parcels that are partially
within can apply for urban infill or urban lot splits under SB9 providing no other health,
safety, or environmental concerns warrant limitations. SB9 does not apply to any
properties within multi-family zones, commercial zones, or mixed-use zones.
Interim Guidance
Objective Standards
The government code allows cities to establish objective design standards related to both
the addition of urban dwelling units and urban lot splits. The Atascadero Municipal Code
already contains standards for deep lot subdivisions (flag lots) and depth to width ratios.
However, additional standards are recommended to ensure that adequate infrastructure
is available, environmentally sensitive areas are protected, and neighborhood character
is preserved.
The law also stipulates that development standards cannot hinder the ability of the owner
to construct an 800 square-foot unit. The law, however, does not dictate a maximum unit
size, and thus, the City’s interim guidance includes a maximum of 800 square -feet in
support of the intent of the law to create affordability by design.
The proposed urgency ordinance will offer guidance related to identified objective
standards. Adopting interim guidance before the law goes into effect will provide clear
direction to property owners and help streamline the process for qualifying properties
when the state law takes effect on January 1 st. Proposed guidance is as follows:
1. All parcels must be zoned for single-family use and be within or partially within the
Urbanized Area, as designated by the US Census Bureau, and;
2. All Parcels must be connected to the City’s public sewer system, and;
3. All parcels with average slopes of 30% or greater must identify an accessible building
envelope of 20% or less for the resulting vacant parcel, and;
4. Parcels with jurisdictional waters, known archeological sites, or sensitive
environmental resource areas shall be excluded, and;
5. All parcels containing a qualifying historic resource or qualifying historic structure shall
be excluded, and;
6. Urban Dwelling Units (any residential unit created in accordance with these
provisions) shall be a maximum of 800 square-feet of habitable area, and;
7. All parcels proposing an urban lot split shall comply with the City’s subdivision
regulations, and;
8. All properties shall show a minimum of one off-street parking space per unit unless
specifically exempted by state law.
Staff is also recommending that objective property development standards, (similar to
Planned Development standards found within PD7 and PD25 zoning), be included in the
urgency ordinance to ensure neighborhood compatibility and to support quality design.
These include the following:
1. Covered front porches
Page 56 of 88
ITEM NUMBER: B-2
DATE: 12/14/21
2. Open space requirements (open space refers to outdoor use areas such as gardens,
patios, decks, porches and yards)
3. Reduced footprint of the second floor to increase building articulation and reduce
overlook
4. Dedicated laundry and storage space in each unit
5. Maximum lot coverage standards
These interim guidelines are in addition to mandated elements of the law including:
1. Owner-occupancy requirements will apply to the existing owner/applicant in a
recorded covenant requiring at least 3-years occupancy following application
approval.
2. Subdivision standards requiring that each resulting lot be approximately half the
size of the original lot (40% minimum)
3. Requirements that no rental or deed restricted affordable housing be demolished
to accommodate any lot split or second unit
4. Setback exceptions for existing structures on parcels proposed to be subdivided
5. Prohibition of short-term vacation rentals for new units created in accordance with
SB9.
6. Prohibition of ADU’s or JADU’s on sites that are developed to the maximum
standards allowed with SB9 (two units on each site).
7. Prohibition of further subdivisions on a site with a prior urban lot split.
The state also allows cities to limit urban lot splits and the addition of urban dwelling units
on historic properties. State law requires that these properties be identified and
designated by state or local ordinance. At this time, the City’s General Plan identifies all
Colony Homes and related structures as historic resources that shall be documented and
included in a historic preservation ordinance. However, this General Plan program has
yet to be implemented. Only City Hall and the Printery building, along with a handful of
other sites in the City, are officially designated as historic resources. Prior to adopting an
ordinance that lists all of the Colony Homes as historic resources, community outreach
will need to be completed. The interim urgency ordinance prohibits the implementation of
SB9 on properties with historic resources, however adoption of a historic preservation
ordinance will be needed to ensure long term protection of Colony Homes.
Health and Safety Considerations
State law also grants cities the authority to deny applications based on health and safety
concerns that cannot be mitigated. SB9 allows for the City’s building official to determine
when Health and Safety factors shall limit development and subdivision. Specific criteria
may also be adopted into a City ordinance. The City of Atascadero contains a large area
identified in high or very high fire severity zones, however, state law specifically preempts
this as a factor for denial providing the structure is built to current building and fire codes.
The law does allow for consideration in neighborhoods that do not meet fire code for
secondary access. The proposed ordinance would prohibit urban dwelling units and urban
lot splits in neighborhoods with dead end roads exceeding the length of state standards.
The law also states that if a parcel is subdivided subject to this law, any new unit must be
built pursuant to the same law. New units built in accordance with SB9 whether on an existing
Page 57 of 88
ITEM NUMBER: B-2
DATE: 12/14/21
site, or on a new site created from an urban lot split parcel are subject to full City impact and
capacity fees and do not qualify for incentives granted under existing ADU laws. Staff will
prepare an informational handout that compiles all standards for clarity to the public.
Urgency Ordinance
Based upon the foregoing, and attached for consideration by the City Council, is a Draft
Urgency Ordinance providing interim guidance for the implementation of Government
Code Sections 65852.21 and 66411.7. This Draft Urgency Ordinance will be in place
while staff prepares a permanent ordinance including further refinement of key objective
standards.
As the current state law goes into effect on January 1, 2022 and the City will not be able
to analyze and adopt a permanent ordinance before the effective date of the law, the
recommendation is that the Draft Urgency Ordinance be adopted by the City Council. A
vote of 4/5 of the City Council is necessary for the approval of this Urgency Ordinance.
The Urgency Ordinance would take effect immediately upon adoption. Staff is continuing
to work on a permanent ordinance to address the implementation and processing of
development applications in accordance with SB9. Staff is simultaneously working on an
ordinance to implement the new ADU laws. Both of these new state policies overlap in
some ways.
FISCAL IMPACT:
The adoption of this Draft Urgency Ordinance would not have a fiscal impact to the City.
City staff will need to complete an analysis of the issues of concern and return with a
more detailed permanent ordinance for adoption. This effort may require input from
consultants. The state recognizes that this law imposes an unfunded state-mandated
local program. For any applications submitted pursuant to this law, staff will charge
application fees based on existing applications with similar processing times to recoup
staff time costs.
ALTERNATIVES:
Do not adopt the Urgency Ordinance. However, absent a local ordinance, the State
Government Code will still allow new subdivision and new housing units on existing sites
without the opportunity for discretionary City review. Any denial of a construction or
subdivision application pursuant to the state law sections included in SB9 will be made
on a case by case basis. Only existing objective code standards will be enforced.
ATTACHMENTS:
1. Draft Urgency Ordinance
2. US Census Bureau Urbanized Area Map
Page 58 of 88
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
12/14/21
1
URGENCY ORDINANCE
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ATASCADERO, CALIFORNIA ADOPTING INTERIM GUIDELINES
FOR THE IMPLEMENTATION OF GOVERNMENT CODE SECTIONS
65852.21 AND 66411.7
WHEREAS, Sections 65852.21 and 66411.7 were amended or added to the Government
Code and go into effect January 1, 2022; and
WHEREAS, the amended or added code sections require cities to ministerially approve
urban lot splits and the construction of secondary units within the Urbanized Area of the City, as
designated by the US Census Bureau, subject to certain limitations; and
WHEREAS, Government Code Sections 66411.7(a) limits eligibility of urban lot splits by
size and proportionality; and
WHEREAS, Government Code Sections 65852.21(a)(2) and 66411.7(a)(3)(C) limits such
urban lot splits and construction to sites that are not located on or within certain farmland, wetlands,
very high fire hazard severity zones, hazardous waste sites, earthquake fault zones, special flood
hazard areas, regulatory floodways, lands identified for conservation, habitats for protected species,
and historic properties; and
WHEREAS, Government Code Sections 65852.21(a)(3) through (a)(5), limits eligibility
of such construction of secondary units that proposes to demolish or alter housing subject to
affordability restrictions, housing subject to rent or price controls, housing that has been occupied
by a tenant in the last three years, housing that has been withdrawn from rent or lease within the
past 15 years, and housing that requires demolition of existing structural walls unless authorized
by local ordinance or has not been tenant-occupied within the past 3 years; and
WHEREAS, Government Code Sections 66411.7(a)(3)(D) also limits eligibility of an
urban lot split that proposes to proposes to demolish or alter housing subject to affordability
restrictions, housing subject to rent or price controls, housing that has been occupied by a tenant in
the last three years, housing that has been withdrawn from rent or lease within the past 15 years,
and housing that requires demolition of existing structural walls unless authorized by local
ordinance or has not been tenant-occupied within the past 3 years; and
WHEREAS, Government Code Sections 65852.21(a)(6) and 66411.7(a)(3)(E) allows a
city to deny an urban lot split for properties within an historic district or listed on the State’s
Historic Resource Inventory or within a site that is designated or listed as a city or county landmark
or historic property or district pursuant to a city or county ordinance; and
WHEREAS, Government Code Sections 65852.21(b) and 66411.7(c) allows a city to
establish objective zoning standards, objective subdivision standards, and objective design review
standards, if it does not conflict with state law; and
Page 59 of 88
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
12/14/21
1
WHEREAS, such objective zoning standards, objective subdivision standards, and
objective design review standards may not have the effect of “precluding the construction of two
units on either of the resulting parcels or that would result in a unit size of less than 800 square
feet”; and
WHEREAS, Government Code Sections 65852.21 and 66411.7 allow a city to deny a
proposed housing development or urban lot split if the project would have a specific, adverse
impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon
public health and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact; and
WHEREAS, the City of Atascadero has parcels served by on-site wastewater treatment
systems that are within the Urbanized Area; and
WHEREAS, an overconcentration of on-site wastewater systems can produce an high
nitrogen levels in the soil that can adversely impact groundwater supplies; and
WHEREAS, the City of Atascadero has multiple parcels in the Wildland Urban Interface
(WUI) zone within the Urbanized Area; and
WHEREAS, the City of Atascadero contains multiple neighborhoods, including those
within the WUI zone, that do not have an secondary egress route available in case of fire or natural
disaster within the Urbanized Area; and
WHEREAS, applications involving parcels within the WUI zone will be reviewed
carefully to ensure compliance with eligibility requirements and in light of the public health, safety,
and welfare; and
WHEREAS, the City of Atascadero has multiple parcels within the Urbanized Area with
slopes in excess of 30%; and
WHEREAS, grading for construction or access on heavily sloped lots creates adverse
impacts to the physical environment by denuding natural vegetation and destabilizing soils; and
WHEREAS, the City of Atascadero has numerous creeks, wetlands, sensitive habitat, and
archeological resource areas through the City; and
WHEREAS, regular ordinance adoption procedures require a first and second reading, and
the passage of 30 days before the ordinance may take effect; and
WHEREAS, if the City proceeds with such regular ordinance procedures, the ordinance will
not be effective before the January 1, 2022 effective date, and there will be a period where no policies,
procedures, or objective standards will be available to guide and promote the orderly develop of such
urban lot splits and second residential units, and action to alleviate the housing crisis will be impeded;
and
WHEREAS, the City Council has the power under Government Code sections 36934 and
36937 to adopt an ordinance that takes effect immediately if it is an ordinance for the
Page 60 of 88
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
12/14/21
1
immediate preservation of the public peace, health or safety, and is passed by a four-fifths vote
of the City Council; and
WHEREAS, this urgency ordinance is necessary to address the danger to public health,
safety, and general welfare articulated by the state related to the housing crisis, avoid delay, and
immediately provide guidelines to implement the Senate Bill 9 legislation that adopts Government
Code Sections 65852.21 and 66411; and
WHEREAS, the City Council desires to adopt this ordinance as an urgency ordinance,
effective immediately, pursuant to Government Code sections 36934 and 36937.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals. All recitals set forth above are true and correct.
SECTION 2. Urban Lot Split and Urban Dwelling Unit Interim Guidelines and Urban Lot
Split Procedures. The City is adopting the following uncodified ordinance to implement SB9 as set
forth in Exhibits A and B.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or word of
this ordinance is found to be unconstitutional or otherwise invalid by any court of competent
jurisdiction, such decision shall not affect the remaining provisions of this Urgency Ordinance.
SECTION 4. Urgency Declaration; Effective Date. The City Council finds and declares that
the adoption and implementation of this ordinance is necessary to address the danger to public health,
safety, and general welfare articulated by the state related to the housing crisis, avoid delay, and
immediately provide guidelines to implement the Senate Bill 9 legislation that adopts Government
Code Sections 65852.21 and 66411. The City Council therefore finds and determines that this
ordinance be enacted as an urgency ordinance pursuant to Government Code section 36937 and take
effect immediately upon adoption by four-fifths of the City Council.
SECTION 5. Publication. The City Clerk shall certify to the adoption of this Urgency
Ordinance no later than fifteen (15) days following the passage of this Urgency Ordinance, the
Urgency Ordinance, along with the names of the City Council members voting for and against the
Urgency Ordinance, shall be published in a newspaper of general circulation in the City of
Atascadero.
SECTION 6. CEQA Review. The City Council exercises its independent judgment and
finds that this ordinance is not subject to California Environmental Quality Act (CEQA) pursuant
the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections:
15060(c)(2), because the proposed ordinance will not result in a direct or reasonably foreseeable
indirect physical change in the environment; and 15061(b)(3), because the proposed ordinance is
covered by the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. The adoption of this ordinance serves to implement
ministerial approvals as required by state law and pursuant to Government Code sections
65852.21(j) and 66411.7(n), it is not a project and is exempt from CEQA.
Page 61 of 88
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
12/14/21
1
PASSED AND ADOPTED by the City Council of the City of Atascadero, California, held on the
______ day of __________, 2021, by a vote of at least four-fifths of the City Council.
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
Page 62 of 88
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
12/14/21
1A
EXHIBIT A
DEVELOPMENT OF URBAN LOT SPLITS AND URBAN DWELLING UNITS
1. Purpose and intent.
It is the purpose and intent of this ordinance to implement the provisions of Government
Code sections 65852.21 and 66411.7, which mandates the City to establish a ministerial process
for approval of urban lot splits and urban dwelling units and authorizes the City to establish
certain requirements and standards for such approvals, while protecting the public health, safety,
and welfare of the community, such as through orderly planning and aesthetic standards.
2. Definitions.
“Urban dwelling unit” means a dwelling unit established or proposed to be developed in
accordance with the standards, procedures, and requirements set forth under Government Code
section 65852.21 and this chapter, either as a primary or secondary unit on a parcel.
“Urban lot split” means a subdivision or proposed subdivision of land established in
accordance with the standards, procedures, and requirements set forth under Government Code
section 66411.7, this chapter, and the procedures set forth in Chapter 11-14 of this code.
“Primary Frontage” means the frontage of a property abutting a street.
“Secondary Frontage” means a second side of the property that abuts a street and is
parallel to the primary frontage.
“Corner street frontage” means a second side of the property that abuts a street and is
perpendicular to the primary frontage.
“Individual Property Owner” means a natural person holding fee title individually or
jointly in the person’s own name or a beneficiary of a trust that holds fee title. This does not
include any corporation or corporate person of any kind (partnership, limited partnership, limited
liability company, C corporation, S corporation, etc.) except for a community land trust (as
defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified non-profit
corporation (as defined by Revenue and Taxation Code Section 214.15).
3. Urban Dwelling Units.
(a) Ministerial Review Process. An application for development of an urban dwelling
unit will be reviewed ministerially, without discretionary review or a hearing if it meets all the
requirements set forth in this section and after payment of all applicable fees.
(b) Location Requirements. An application for development of an urban dwelling unit
must meet all the following location requirements:
(1) The subject parcel must be located in an area zoned for residential single-
family use and be within or partially within the urbanized area, as designated by the US Census
Bureau.
Page 63 of 88
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
12/14/21
1A
EXHIBIT A
(2) The subject parcel must not be located in an area designated in Government
Code sections 65913.4(a)(6)(B) through (K). This includes, but is not limited to, certain
farmland, wetlands, hazardous waste sites, earthquake fault zones, special flood hazard areas,
regulatory floodways, lands identified for conservation, on a site with a historic resource, and
within or adjacent to habitats for protected species.
(3) The subject parcel must not be located within a historic district or property, as
set forth in Government Code section 65852.21(a)(6).
(c) Limitation on Demolition and Alterations. A proposed urban dwelling unit must not
involve demolition or alteration of:
(4) Housing that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low income.
(5) Housing that is subject to any form of rent or price control through a
public entity’s valid exercise of its police power.
(6) Housing that has been occupied by a tenant in the last three years.
(7) More than 25% of the existing exterior structural walls, unless the housing
has not been occupied by tenants within the last three years.
(d) Limitation on Parcels Withdrawn from Rental Market. A proposed urban
dwelling unit must not involve property withdrawn from rental market under GC §7060 and
following, within 15 years before the date that the development proponent submits an
application.
(e) Development Standards. A proposed urban dwelling unit must comply with the
following development standards:
(1) No more than two urban dwelling units per lot may be developed.
Primary dwellings, Urban Dwelling Units, Accessory dwelling units (ADUs) and junior ADUs
constitute units towards the maximum number of units.
(2) Maximum Size limitations shall be as follows:
(i) The maximum size of a proposed urban dwelling unit must not
exceed 800 square feet in floor area, including attached accessory storage rooms or
enclosed porches.
(ii) A dwelling unit, primary or secondary, that was established on the
lot prior to the submittal of a complete application for a development pursuant to this
chapter may not be altered or expanded to a size greater than 800 square-feet, inclusive of
any attached garage, storage space, or enclosed parch.
(3) The minimum setback from the side and rear property line shall be four
feet. No setback is required for an existing, permitted structure or a structure constructed in the
same location and to the same dimensions as an existing, permitted structure.
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EXHIBIT A
(4) The minimum setback for the primary street frontage shall be 25-feet. The
minimum setback for the secondary street frontage shall be 12.5-feet. The minimum setback for
the corner street frontage shall be 10-feet.
(5) The minimum setback from an access way (flag or easement) shall be 10-feet.
(6) Any proposed urban dwelling unit must be connected to the City’s public
sewer system.
(7) Any proposed urban dwelling unit must be connected to a separate water
service (separate meter).
(8) There must be at least one off-street parking space per proposed urban
dwelling unit unless specifically exempted by state law.
(9) Private open space shall be provided for each residential unit at a ratio of
three hundred (300) square feet for units that provide 2 or less bedrooms. Each bedroom in
excess of two (2) shall require an increase of private open space by fifty (50) square feet. The
required front yard setback area shall not be used to satisfy the open space requirement; however,
side and rear setback areas may be utilized. The minimum width of the private open space area
shall not be less than ten (10) feet.
(10) Unconditioned Spaces. Structures such as garages and workshops attached
to urban dwelling units shall be accessory to the residential unit and shall be limited to two
hundred and eighty (280) square feet. Attached structures shall be included in the maximum
floor area of the unit.
(11) Two (2) story units built in accordance with urban dwelling unit standards
shall have a second floor that is limited to seventy-five percent (75%) of the gross area of the first
floor inclusive of any attached garage.
(12) Porches shall be provided for each new unit. Porches shall be a minimum
of six (6) feet deep and 8-feet wide.
(13) Lot coverage shall not exceed forty percent (40%) of the net lot area.
(14) Each unit shall include the following:
a) Three hundred (300) cubic feet of shelved storage area. (Bedroom and
entry/coat closets shall not count toward this requirement);
b) Dedicated space for laundry facilities with hookups.
(15) All utilities shall be installed underground.
(16) Where the street frontage of a lot (or the combined street frontage of the
two lots created through an urban lot split) is 80 feet or less, all units on the lot (or all units on
both lots created through an urban lot split) shall share the same drive approach and driveway.
Page 65 of 88
ITEM NUMBER: B-2
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ATTACHMENT:
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EXHIBIT A
(f) The subject property shall be owned solely by one or more individual property
owners.
(g) Denial Based Upon Adverse Impacts. The City will deny a proposed urban
dwelling unit if the building official makes a written finding, based upon a preponderance of the
evidence, that the proposed housing development project would have a specific, adverse impact,
as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public
health and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
(h) Short Term Rental Limitation. Urban dwelling units developed under this section
may not be rented for a term less than 30 days. Prior to construction permit completion, a
covenant shall be recorded on each lot with a new urban dwelling unit stating the terms of long
term occupancy.
(i) Election of development standards. If necessary, objective zoning, subdivision, or
design standards will be set aside in the following order until the site can contain
two, 800 square foot units. Such standards will be set aside in the following order
until the site can contain two, 800 square foot units:
a. Lot Coverage
b. Second Floor Area limitations
c. Porch requirement
d. Private open space
e. Setbacks to the degree allowed by State law
(i) A deed notification shall be recorded on all properties exercising development per
the provisions of this chapter as necessary to describe these limitations.
4. Urban Lot Splits.
(a) Ministerial Review Process. An urban lot split parcel map application will be
reviewed ministerially, without discretionary review or a hearing, if it meets all the requirements
set forth in this section and in accordance with the procedures set forth in Chapter 11-14 of this
code.
(b) Location Requirements. An urban lot split parcel map application must meet all the
following location requirements:
(1) The subject parcel must be located in an area zoned for single-family use and
be within or partially within the urbanized area, as designated by the US Census Bureau.
(2) The subject parcel must not be located in an area designated in Government
Code sections 65913.4(a)(6)(B) through (K). This includes certain farmland, wetlands, very high
fire hazard severity zones, hazardous waste sites, earthquake fault zones, special flood hazard
areas, regulatory floodways, lands identified for conservation, and habitats for protected species.
Page 66 of 88
ITEM NUMBER: B-2
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ATTACHMENT:
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EXHIBIT A
(3) The subject parcel must not be located within a historic district or property, as
set forth in Government Code section 65852.21(a)(6).
(c) Limitation on Demolition and Alterations. A proposed urban lot split must not involve
demolition or alteration of:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Housing that is subject to any form of rent or price control through a
public entity’s valid exercise of its police power.
(3) Housing that has been occupied by a tenant in the last three years.
(d) Limitation on Parcels Withdrawn from Rental Market. A proposed urban lot split
must not involve property withdrawn from rental market under GC §7060 and following, within
15 years before the date that the development proponent submits an application.
(e) Development Standards. A proposed urban lot split must comply with the
following development standards:
(1) No more than two urban dwelling units may be developed per lot.
Accessory dwelling units (ADUs) and junior ADUs will be shall be included in the maximum
number of units. An urban dwelling development contains two residential units if the
development proposes no more than two new units or if it proposes to add one new unit to one
existing unit.
(2) The maximum size of a proposed urban dwelling unit shall not exceed 800
square feet in floor area including any attached, enclosed storage rooms, enclosed porches, or
enclosed garage areas.
(3) The minimum setback from the side and rear property line is four feet. No
setback is required for an existing, permitted structure or a structure constructed in the same
location and to the same dimensions as an existing, permitted structure.
(4) Any proposed urban dwelling unit must be connected to the City’s public
sewer system.
(5) There must be at least one off-street parking space per proposed urban
dwelling unit unless specifically exempted by state law.
(6) All parcels proposing an urban lot split must comply with the following
design standards:
(i) Lot lines shall be at the top of slope banks.
(ii) Side lot lines shall be perpendicular to the street on straight streets, or
radial to the street on curved streets.
(iii) Lots with a ratio of depth to width greater than 3:1 shall not be permitted.
Page 67 of 88
ITEM NUMBER: B-2
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ATTACHMENT:
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EXHIBIT A
(iv) All new lots shall have a minimum primary frontage width of 40-
feet, unless approved as a flag lot subdivision.
(v) Where the street frontage of a lot (or the combined street frontage
of the two lots created through an urban lot split) is 80 feet or less, all units on the lot (or all units
on both lots created through an urban lot split) shall share the same drive approach and driveway.
(vi) Flag lot subdivisions may be approved subject to the following:
(A) The original lot shall have frontage on a dedicated street with a
minimum width of at least 65 feet;
(B) The accessway to the rear shall be at least twenty (20) feet wide
(developed to City standards), except where the accessway is more than one hundred fifty (150) feet long,
it shall be at least twenty-four (24) feet wide with twenty (20) feet of pavement.
(C) The lot farthest from the street shall own the accessway in fee.
Other lots using the accessway shall have an access and utility easement over it and a maintenance
agreement shall be recorded with the final parcel map.
(D) A reflectorized house number master sign shall be located at the
intersection of the street and accessway and individual reflectorized address signs shall be placed on the
right-hand side of the driveway to each individual lot.
(8) All parcels with average slopes of 30% or greater must identify an
accessible building envelope of 20% or less for the resulting vacant parcel.
(9) All utilities shall be separate for units residing on separate parcels.
Multiple units on the same parcel may share utility connections unless prohibited by city code
for residential uses.
(10) One street tree per 30-feet of primary frontage shall be installed.
(g) Denial Based Upon Adverse Impacts. The City will deny a proposed urban lot
split if the building official makes a written finding, based upon a preponderance of the evidence,
that the proposed housing development project would have a specific, adverse impact, as defined
and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and
safety or the physical environment and for which there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact.
(h) Short Term Rental Limitation. A unit located on an urban lot split approved under
this section may not be rented for a term less than 30 days. In conjunction with lot recordation, a
covenant shall be recorded on each lot with a new urban dwelling unit stating the terms of long
term occupancy.
(i) Compliance with the Subdivision Map Act. Urban lot splits must conform to all
applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with
Section 66410)), except as expressly provided in this section.
(j) Dedication and Off-Site Improvements. A dedication of rights-of-way or the
construction of offsite improvements for the parcels being created cannot be required as a
Page 68 of 88
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
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EXHIBIT A
condition of issuing a parcel map. All required frontage improvements shall be completed prior
to or concurrently with a building permit for an urban dwelling unit on either resulting lot.
(k) Fire Department & Utility Easements, An easement must be provided over the
front parcel to the rear parcel for access to the public right of way, providing public services and
facilities, maintenance of utilities, and (if required) fire department access.
(l) Owner Occupancy. The applicant for an urban lot split must sign an affidavit
stating that the applicant will occupy one of the housing units as their principal residence for a
minimum of three years from the date of the approval of the urban lot split. This does not apply
to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of
paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a
“qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation
Code.
(m) Residential Use Requirement. All uses allowed on a site subdivided as an urban
lot split must be limited to residential uses. This does not apply to an applicant that is a
“community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of
subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a “qualified nonprofit
corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(n) Non-Conforming Zoning Conditions. Nonconforming zoning conditions are not
required to be made conforming before approving an application.
(o) Prior Urban Lot Split. The parcel being subdivided may not have not been
established through prior exercise of an urban lot split. In addition, neither the owner of the
parcel being subdivided nor any person acting in concert with the owner has previously
subdivided an adjacent parcel may have used the urban lot split process as provided for in this
section.
(p) Size Requirements. The urban lot split meets all of the following size
requirements:
(1) Both newly created parcels must be no smaller than 1,200 square feet;
(2) Both newly created parcels must be of approximately equal lot area, which for
purposes of this paragraph means that one parcel may not be smaller than 40
percent of the lot area of the original parcel proposed for subdivision.
(q) A deed notification shall be recorded on all properties exercising development per
the provisions of this chapter as necessary to describe these limitations.
5. Appeals.
For the purposes of this chapter, decisions of the Community Development Director or
Building Official to appeal or deny an application may be appealed in compliance with section 9-
1.111 of the Atascadero Municipal Code.
Page 69 of 88
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
12/14/21
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EXHIBIT A
6. Conflict.
If any section within this chapter conflicts with Government Code sections 65852.21 or
66411.7, then the Government Code sections will apply.
Page 70 of 88
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
12/14/21
1B
EXHIBIT B
LA #4853-5181-3376 v1
10/26/21 12:17 AM
Chapter 14 URBAN LOT SPLIT PROCEDURES
11-14.001 Purpose and intent.
It is the purpose and intent of this chapter to implement the provisions of Government
Code section 66411.7, which mandates the City to establish a ministerial process for approval of
urban lot splits.
11-14.002 Definitions.
“Urban lot split” means a subdivision or proposed subdivision of land established in
accordance with the standards, procedures, and requirements set forth under Government Code
section 66411.7, this chapter, and the procedures set forth in Chapter 9-18 of this code.
11-14.003 Urban Lot Split Procedures.
(a) Ministerial Review Process. An urban lot split parcel map application will be
reviewed ministerially, without discretionary review or a hearing, if it meets all the requirements
set forth in this section and with the development requirements set forth in Chapter 9-18.
(b) Preparation of Urban Lot Split Parcel Maps. An urban lot split parcel map must be
prepared by or under the direction of a registered civil engineer or licensed land surveyor, must
show the location of streets and property lines bounding the property, must conform to all of the
provisions of Section 66445 of the Subdivision Map Act, and must be based upon a field survey
made in conformity with the Land Surveyors Act and in accordance with Government Code
section 66448.
(c) Application. An application for the urban lot split must be filed in accordance with the
forms and policies set forth by the Community Development Director. All applications must
include a tentative parcel map and the applicable review fees as established by resolution. The
Department of Community Development will not accept an application or map for processing
unless the Department finds that the urban lot split parcel map is consistent with the zoning
provisions of this code and that all approvals and permits required by the city zoning provisions
for the project have been given or issued.
(d) Staff Review. The Community Development Director will circulate the application
for an urban lot split, together with the tentative map, to affected city departments for review and
comment. Staff will transmit to the applicant for review and consideration comments from the
city departments.
(e) Approval Authority. The Community Development Director is the approving
authority on all urban lot split applications for tentative or parcel map approvals.
(f) Approval. If the application for the urban lot split meets all the requirements in this
section and with the development requirements for the urban lot split as set forth in Chapter 9-
18, the Community Development Director may approve the urban lot split ministerially and
Page 71 of 88
ITEM NUMBER: B-2
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ATTACHMENT:
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EXHIBIT B
LA #4853-5181-3376 v1
10/26/21 12:17 AM
without a public hearing. The action of the director upon an urban lot split application is final
and conclusive, in the absence of an appeal.
(g) Appeal. Decisions of the Community Development Director may be appealed to the
Planning Commission in compliance with section 11-1.10 of this code.
Page 72 of 88
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
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2
SB9 Eligible Parcels*
* These parcels are an estimation of those eligible for SB9 implementation based on known information. Actual eligibility wil l be
assessed at time of application. Parcels shown on this map are not guaranteed to be eligible.
Page 73 of 88
ITEM NUMBER: B-3
DATE: 12/14/21
Atascadero City Council
Staff Report – Community Development Department
Community Facilities District 2005-1
Annexation No. 24
RECOMMENDATIONS:
Council:
1. Conduct the public hearing for the proposed annexation.
2. Adopt Draft Resolution A; authorizing the territory identified in City Council
Resolution 2021-068 to be annexed into Community Facilities District No. 2005-1,
authorizing the levy of a special tax and submitting the levy of a special tax to
qualified electors.
3. Direct the City Clerk to conduct a landowner vote of annexation and collect and
count the ballots.
Council to recess until ballots are counted
3. Adopt Draft Resolution B, declaring the results of a special annexation landowner
election for Annexation No. 24, determining the validity of prior proceedings and
directing the recording of an amendment to the notice of special tax lien.
4. Introduce for first reading, by title only, Draft Ordinance, authorizing the levy of
special taxes in Community Facilities District 2005-1 for certain annexation territory
identified as Annexation No. 24.
DISCUSSION:
In July 2004, as a key part of the adoption of the City’s Comprehensive Financial Strategy,
the Council addressed the need to recover all costs associated with new residential
development by directing the formation of a Community Facilities District (CFD). California
law allows the formation of such districts for the purpose of recovering the cost of providing
public safety services, including police and fire services, and park services for new
developments. CFDs ensure that new homeowners pay special taxes in an amount equal
to the actual cost of the City services they are expected to receive. Without such special
taxes in place, new residential units have a negative impact on the General Fund and erode
services to existing residents.
Page 74 of 88
ITEM NUMBER: B-3
DATE: 12/14/21
The Citywide CFD was established in 2005 consistent with this policy and a number of
projects have been annexed into the CFD as a requirement prior to recordation of a final
map. With the resolution of intention, the City and the applicant are initiating the process
of annexing the Halcon Residential Development (11885 Halcon Rd.) into the City’s
existing CFD.
The Halcon three parcel map was approved in January of 2018 as Parcel Map AT18-
0123. The project will include three residential parcels for future development within the
PD 33 Overlay Zone. The applicant has submitted the final map for review and
recordation.
Cerro Roble
development
Las Lomas
development
Page 75 of 88
ITEM NUMBER: B-3
DATE: 12/14/21
On October 12, 2021, the City Council initiated the process for these developments by
adopting resolutions of intent (Resolution No. 2021-068) to annex the subject projects
into the existing Citywide CFD and set the date of the public hearing.
The Resolution before Council (Attachment 1) are the final step to annex the project
(Annexation No. 24) into the existing Citywide CFD (CFD 2005-1) to fund new police, fire,
and park services associated with the developments. The Special Tax levied against
Single-Family Residential parcels for Fiscal Year 2021-2022 was $742.00 annually per
residential parcel, which is subject to an annual escalator. The money collected can only
be used to fund new public services authorized to be funded by the Mello -Roos Act and
identified within the Rate and Method of Apportionment.
After the close of the Public Hearing, the City Council may adopt Draft Resolution A
(Attachment 1), which officially establishes the annexation of territory to Community
Facilities District 2005-1. If approved, the Resolution authorizes the levy of special taxes
within such annexation areas.
Following adoption of the Resolution A, the City Clerk will hold a landowner election,
verifying the property owner’s wishes to annex into the City’s CFD. If the landowner elects
to annex into the CFD, the City Council will certify the election by adopting Draft
Resolution B and introduce for first reading, by title only, a Draft Ordinance (Attachment
3), authorizing the special taxes for Annexation No. 24.
The development proposed for annexation into the CFD was conditioned to be fiscally neutral
through annexation into the existing Citywide CFD (CFD 2005-1 – Public Services). If the
annexation is not approved, the project will not be able to meet the conditions of approval.
FISCAL IMPACT:
Assessments for the Halcon annexation are estimated to be between $2,200 - $2,400
annually beginning in fiscal year 2022-2023, and adjusted each year for inflation.
ALTERNATIVE:
Council could require the developers to meet the fiscal neutrality condition of approval
through some other mechanism.
ATTACHMENTS:
1. Draft Resolution A, authorizing the annexation of territory identified in City Council
Resolution 2021-068 to be annexed into the Community Facilities District No. 2005-1,
authorizing the levy of a special tax and submitting the levy of a special tax to qu alified
electors (Annexation No. 24, Halcon).
2. Draft Resolution B, declaring the results of a special annexation landowner election
for Annexation No. 24, determining the validity of the prior proceedings and directing
the recording of an amendment to the notice of special tax lien.
3. Draft Ordinance, authorizing the levy of special taxes in Community Facilities District
2005-1 for certain annexation territory (Annexation No. 24).
Page 76 of 88
ITEM NUMBER: B-3
DATE:
ATTACHMENT:
12/14/21
1
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF
TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX,
AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED
ELECTORS
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311
and following, California Government Code; hereafter referred to as the “Act”), the City Council
of the City of Atascadero (the “City”) previously conducted proceedings to establish the City of
Atascadero Community Facilities District No. 2005-1 (Public Services) (the “District”), and
WHEREAS, this City Council on October 12, 2021, adopted its Resolution No. 2021-
068 entitled “Resolution of the City Council of the City of Atascadero, California, declaring its
Intention to Annex Territory into Community Facilities District No. 2005-1 (Public Services) as
Annexation No. 24, and to Authorize the Levy of Special Taxes Therein” (the “Resolution of
Intention”) stating its intention to annex the territory to the District pursuant to the Act; and
WHEREAS, a copy of the Resolution of Intention, incorporating a description and map
of the proposed boundaries of the territory to be annexed to the District, stating the services to
be funded by the District and the rate and method of apportionment of the special tax to be
levied within the District to pay for the services is on file with the City Clerk and the provisions
thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on the date hereof, this City Council held a noticed public hearing as
required by the Act and the Resolution of Intention relative to the proposed annexation
of territory to the District; and
WHEREAS, at the hearing all interested persons desiring to be heard on all
matters pertaining to the annexation of territory to the District and the levy of special taxes
within the area proposed to be annexed were heard and a full and fair hearing was held; and
WHEREAS, prior to the closing of the hearing, no written or oral protests had
been made against the proposed annexation of territory to the District by (i) any registered voter
residing in the existing District, (ii) any registered voter residing in the territory proposed to
be annexed to the District, (iii) any of the owners of land in the existing District, or (iv) any of
the owners of land in the territory proposed to be annexed to the District; and
WHEREAS, Annexation Map No. 24 to the District has been filed with the County
Recorder of the County of San Luis Obispo, which map shows the territory to be annexed
in these proceedings, and a copy of the map is on file with the City Clerk.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
Page 77 of 88
ITEM NUMBER: B-3
DATE:
ATTACHMENT:
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1
SECTION 1. The above recitals are true and correct.
SECTION 2. All prior proceedings taken by this City Council with respect to the
District and the proposed annexation of territory thereto have been duly considered and are
hereby determined to be valid and in conformity with the Act, and the District has been validly
established pursuant to the Act.
SECTION 3. The boundaries of the territory to be annexed to the District, as set forth in
the map entitled “Annexation Map No. 24 of Community Facilities District No. 2005-1
(Public Services)” on file with the City Clerk and heretofore recorded in the San Luis Obispo
County Recorder’s Office on October 28, 2021, in Book 6 at Page 34 of Maps of Assessment
and Community Facilities Districts are hereby finally approved, are incorporated herein by this
reference, and shall be included within the boundaries of the District, and said territory is hereby
ordered annexed to the District, subject to voter approval of the levy of the special taxes therein
as hereinafter provided.
SECTION 4. The provisions of the Resolution of Intention is, by this reference
incorporated herein, as if fully set forth herein.
SECTION 5. Pursuant to the provisions of the Act, the proposition of the levy of the
special tax within the territory to be annexed to the District shall be submitted to the
qualified electors of the area to be annexed to the District at an election called therefor as
hereinafter provided.
SECTION 6. This City Council hereby finds that fewer than 12 persons have been
registered to vote within the territory proposed to be annexed to the District for each of the
90 days preceding the close of the public hearing heretofore conducted and concluded by this
City Council for the purposes of these annexation proceedings. Accordingly, and pursuant to
Section 53326 of the Act, this City Council finds that the qualified electors for purposes of the
annexation election are the landowners within the territory proposed to be annexed to the
District and that the vote shall be by said landowners, each having one vote for each acre
or portion thereof such landowner owns in the territory proposed to be annexed to the District.
SECTION 7. This City Council hereby calls a special election to consider the
measure described in Section 5 above, which election shall be held in the meeting room of
the City Council immediately following adoption of this Resolution. The City Clerk is hereby
designated as the official to conduct said election. It is hereby acknowledged that the City Clerk
has on file the Resolution of Intention, a certified map of the proposed boundaries of the
territory to be annexed to the District, and a sufficient description to allow the City Clerk
to determine the boundaries of the territory to be annexed to the District.
The voted ballots shall be returned to the City Clerk no later than immediately following the
adoption of this Resolution; and when the qualified electors have voted the election shall be closed.
Pursuant the Act, the election shall be conducted by mail ballot under Section 4000 of
the California Elections Code, provided, however, that for purposes of setting the date for the
election, Sections 53326 and 53327 of the Act shall govern.
Page 78 of 88
ITEM NUMBER: B-3
DATE:
ATTACHMENT:
12/14/21
1
This City Council acknowledges that the City Clerk has caused to be delivered to
the qualified electors of the District ballots in the form set forth in Exhibit “A” hereto. The
ballots indicate the number of votes to be voted by each landowner.
The ballots were accompanied by all supplies and written instructions necessary for the
use and return of the ballot. The envelope to be used to return the ballot was enclosed with the
ballot, had the return postage prepaid, and contained the following: (a) the name and
address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter
is the owner of record or authorized representative of the landowner entitled to vote and is
the person whose name appears on the envelope, (c) the printed name, signature and address
of the voter, (d) the date of signing and place of execution of the declaration pursuant to
clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be
opened only by the canvassing City Council.
Analysis and arguments with respect to the ballot measures are hereby waived, as
provided in Section 53327(b) of the Act.
The City Clerk shall accept the ballots of the qualified electors in the City of Atascadero
City Council meeting room upon and prior to the adoption of this Resolution, whether the ballot
is personally delivered or is received by mail. The City Clerk shall have ballots available which
may be marked at said location on the election day by the qualified electors.
SECTION 8. This City Council hereby further finds that the provision of Section 53326
of the Act requiring a minimum of 90 days following the adoption of this Resolution to
elapse before said special election is for the protection of the qualified electors of the
territory to be annexed to the District. The ballots to be executed by the qualified electors of
the area to be annexed to the District contains a waiver of any time limit pertaining to the
conduct of the election and a waiver of any requirement for ballot measure analysis and
arguments in connection with the election. Accordingly, this City Council finds and
determines that, to the extent that the qualified elector submits its ballot, the qualified
elector will have been fully apprised of and have agreed to the shortened time for the election
and waiver of ballot measure analysis and arguments, and will have thereby been fully protected
in these proceedings. This City Council also finds and determines that the City Clerk has
concurred in the shortened time for the election.
SECTION 9. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council held on the
____________day of ___________, 2021.
On motion by ___________ and seconded by ______________, the foregoing Resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Page 79 of 88
ITEM NUMBER: B-3
DATE:
ATTACHMENT:
12/14/21
1
CITY OF ATASCADERO
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
Page 80 of 88
ITEM NUMBER: B-3
DATE:
ATTACHMENT:
12/14/21
1A
SPECIAL TAX ELECTION
CITY OF ATASCADERO
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
ANNEXATION NO. 24
(November 23, 2021)
This ballot is for the use of the authorized representative of the following owner of land within
Annexation No. 24 of the Community Facilities District No. 2005-1 (Public Services) (“CFD No.
2005-1”) of the City of Atascadero:
Name of Landowner Number of Acres Owned Total Votes
Michael Joy and Laura Joy,
Trustees of The Michael and
Laura Joy Family Trust dated
March 11, 2016
5.02 6
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of Atascadero (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcel identified below, which
parcel is located within the territory proposed to be annexed to the CFD No. 2005-1, City of
Atascadero, County of San Luis Obispo, State of California. Please advise the City Clerk, at
(805) 461-5000, if the name set forth below is incorrect or if you are no longer one of the owners
of this property. This special tax ballot may be used to express either support for or opposition
to the proposed special tax. To be counted, this special tax ballot must be signed below by the
owner or, if the owner is not an individual, by an authorized representative of the owner. The
ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail in an adequate
amount of time so that the City Clerk receives the signed ballot no later than
November 23, 2021, the date set for the election.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 6:00 p.m. on November 23,
2021, at the Clerk’s office at 6500 Palma Ave, Atascadero, CA 93422.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on November 23, 2021.
Very truly yours,
Kelly Gleason
Kelly Gleason
Senior Planner
Page 81 of 88
ITEM NUMBER: B-3
DATE:
ATTACHMENT:
12/14/21
1A
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Michael Joy and Laura Joy, Trustees of The Michael
and Laura Joy Family Trust dated March 11, 2016
Attn: Michael Joy and Laura Joy, Trustees
11885 Halcon Road
Atascadero, CA 93422
045-401-014
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERVICES)
ANNEXATION NO. 24
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE
MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of Atascadero be authorized to levy
a special tax on an annual basis at the rates and apportioned as
described in Resolution No. 2021-068 adopted by the City Council on
October 12, 2021 (the “Resolution”), which is incorporated herein by
this reference, within the territory identified on the map entitled
“Annexation Boundary Map No. 24 of Community Facilities District
No. 2005-1 (Public Services) City of Atascadero, County of San Luis
Obispo, State of California” to finance certain services as set forth in
Section 4 to the Resolution (including incidental expenses).
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named
landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on _________________, 2021.
Michael Joy and Laura Joy, Trustee
Signature
Print Name
Title
Page 82 of 88
ITEM NUMBER: B-3
DATE:
ATTACHMENT:
12/14/21
2
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING THE RESULTS OF
A SPECIAL ANNEXATION LANDOWNER ELECTION,
DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND
DIRECTING THE RECORDING OF AN AMENDMENT
TO NOTICE OF SPECIAL TAX LIEN
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311
and following, California Government Code; hereafter referred to as the “Act”), the City Council
of the City of Atascadero (the “City”) previously conducted proceedings to establish the City
of Atascadero Community Facilities District No. 2005-1 (Public Services) (the “District”), and
WHEREAS, in proceedings conducted by this City Council pursuant to the Act, this
City Council has adopted a Resolution entitled “Resolution of the City Council of the City of
Atascadero, California, Authorizing the Annexation of Territory into Community Facilities
District No. 2005-1 (Public Services), Authorizing the Levy of a Special Tax, and Submitting
the Levy of Special Tax to Qualified Electors” (the “Resolution of Annexation”), which called
for a special election of the qualified landowner electors in the territory of land proposed to be
annexed to the District; and
WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this
reference incorporated herein, the special election has been held and the City Clerk has on file a
Canvass and Statement of Results of Election, (the “Canvass”) a copy of which is attached
hereto as Exhibit A; and
WHEREAS, this City Council has been informed of the Canvass, finds it appropriate,
and wishes to complete its proceedings for the annexation of territory into the District.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The above recitals are true and correct.
SECTION 2. The issue presented at the special election was the levy of a special tax
within the territory annexed to the District, to be levied in accordance with the formula
heretofore approved by this City Council, all as described in Resolution No. 2021-068, entitled
“Resolution of the City Council of the City of Atascadero, California, Declaring its Intention to
Annex Territory into Community Facilities District No. 2005-1 (Public Services) as
Annexation No. 24, and to Authorize the Levy of Special Taxes Therein” adopted by this City
Council on October 12, 2021.
SECTION 3. Pursuant to the Canvass on file with the City Clerk, the issue presented at
the special election was approved by the landowners of the territory annexed to the District by
more than two-thirds (2/3) of the votes cast at the special election.
Page 83 of 88
ITEM NUMBER: B-3
DATE:
ATTACHMENT:
12/14/21
2
SECTION 4. Pursuant to the voter approval, the annexed territory is hereby declared to
be fully annexed to and part of the District and this City Council may levy special taxes therein
as heretofore provided in these proceedings.
SECTION 5. It is hereby found that all prior proceedings and actions taken by this City
Council with respect to the District and the territory annexed thereto were valid and in
conformity with the Act.
SECTION 6. Within 15 days of the date of adoption hereof, the City Clerk shall execute
and cause to be recorded in the office of the County Recorder of the County of San Luis Obispo,
an Amendment to Notice of Special Tax Lien, as required by Section 53328.3 of the Act.
SECTION 7. This Resolution shall take effect upon its adoption.
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:
ADOPTED:
CITY OF ATASCADERO
___________________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
Page 84 of 88
ITEM NUMBER: B-3
DATE:
ATTACHMENT:
12/14/21
2A
EXHIBIT A
City of Atascadero
Community Facilities District No. 2005-1
(Public Services)
Annexation No.
24
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on December 14, 2021, I canvassed the returns of the election held on
December 14, 2021, for the City of Atascadero Community Facilities District No. 2005-1
(Public Services) Annexation No. 24 and the total number of votes cast in such election and the
total number of votes cast for and against the measure are as follows and the totals as shown for
and against the measure are full, true and correct:
City of Atascadero Community Facilities
District No. 2005-1 (Public Services)
Annexation No. 24
Special Tax Election, December 14, 2021
BALLOT MEASURE: Shall the City Council of the City of
Atascadero be authorized to levy a special tax on an annual basis at
the rates and apportioned as described in Resolution No. 2021-068
adopted by the City Council on October 12, 2021 (the “Resolution”),
which is incorporated herein by this reference, within the territory
identified on the map entitled “Annexation Boundary Map No. 24 of
Community Facilities District No. 2005-1 (Public Services) City of
Atascadero, County of San Luis Obispo, State of California” to finance
certain services as set forth in Section 4 to the Resolution (including
incidental expenses).
YES:
NO:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on December 14, 2021.
By:
Lara K. Christensen, City Clerk City of Atascadero
Qualified
Landowner Votes Votes Votes
Votes
6
Cast
YES
NO
Page 85 of 88
ITEM NUMBER: B-3
DATE:
ATTACHMENT:
12/14/21
3
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ATASCADERO, CALIFORNIA, AUTHORIZING THE
LEVY OF SPECIAL TAXES IN COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SERVICES), INCLUDING
CERTAIN ANNEXATION TERRITORY
WHEREAS, the City of Atascadero (the “City”) has conducted proceedings pursuant to
the “Mello-Roos Community Facilities Act of l982”, being Chapter 2.5, Part l Division 2, Title 5
of the Government Code of the State of California (the “Act”) and the City of Atascadero
Community Facilities District No. 2005-1 (Public Services) Ordinance enacted pursuant to the
powers reserved by the City of Atascadero under Sections 3, 5, and 7 of Article XI of the
Constitution of the State of California (the “CFD Ordinance”) (the Act and the CFD Ordinance
may be referred to collectively as the “Community Facilities District Law”), to establish the City
of Atascadero Community Facilities District No. 2005-1 (Public Services) (the “District”) for the
purpose of financing police services, fire protection and suppression services, and park services
(the “Services”) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District is set
forth in Exhibit B to the City Council Resolution entitled “A Resolution of the City Council of the
City of Atascadero, California, For the Formation of Community Facilities District No. 2005-l
(Public Services) (the “Resolution of Formation”), which was adopted on May 24, 2005; and
WHEREAS, the City has conducted proceedings to annex territory into the District and,
with respect to the proceedings, following an election of the qualified electors in the territory
proposed for annexation (the “Annexation Territory”), the City Council, on December 14, 2021,
adopted a Resolution entitled “Resolution of the City Council of the City of Atascadero,
California, Declaring the Results of Special Annexation Landowner Election, Determining
Validity of Prior Proceedings, and Directing the Recording of an Amendment to Notice of
Special Tax Lien.”
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes and
levies the special tax within the District, including the Annexation Territory, pursuant to the
Community Facilities District Law, at the rate and in accordance with the rate and method of
apportionment of special tax set forth in the Resolution of Formation, which rate and method is by
this reference incorporated herein. The special tax has previously been levied in the original
territory of the District beginning in Fiscal Year 2006-07 pursuant to Ordinance No. 478 passed and
adopted by the City Council on July 12, 2005 and the special tax is hereby levied commencing in
Fiscal Year 2022-23 in the District, including the Annexation Territory, and in each fiscal year
thereafter to pay for the Services for the District and all costs of administering the District.
Page 86 of 88
SECTION 3. The City’s Finance Director or designee or employee or consultant of the
City is hereby authorized and directed each fiscal year to determine the specific special tax to
be levied for the next ensuing fiscal year for each parcel of real property within the District,
including the Annexation Territory, in the manner and as provided in the Resolution of
Formation.
SECTION 4. Exemptions from the levy of the special tax shall be as provided in the
Resolution of Formation and the applicable provisions of the Community Facilities District Law.
In no event shall the special tax be levied on any parcel within the District in excess of the
maximum special tax specified in the Resolution of Formation.
SECTION 5. All of the collections of the special tax shall be used as provided in the
Community Facilities District Law and in the Resolution of Formation, including, but not
limited to, the payment of the costs of the Services, the payment of the costs of the City in
administering the District, and the costs of collecting and administering the special tax.
SECTION 6. The special tax shall be collected in the same manner as ordinary ad
valorem taxes are collected and shall have the same lien priority, and be subject to the same
penalties and the same procedure and sale in cases of delinquency as provided for ad valorem
taxes; provided, however, that the City Council may provide for other appropriate methods of
collection by resolution(s) of the City Council. The Finance Director of the City is hereby
authorized and directed to provide all necessary information to the auditor/tax collector of the
County of San Luis Obispo in order to effect proper billing and collection of the special tax, so
that the special tax shall be included on the secured property tax roll of the County of San Luis
Obispo for Fiscal Year 2022-23 and for each fiscal year thereafter until no longer required to
pay for the Services or until otherwise terminated by the City.
SECTION 7. If for any reason any portion of this Ordinance is found to be invalid, or if
the special tax is found inapplicable to any particular parcel within the District, including the
Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and
the application of the special tax to the remaining parcels within the District, including the
Annexation Territory, shall not be affected.
SECTION 8. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper
published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk’s Office on and after the date following introduction and passage
and shall be available to any interested member of the public.
SECTION 9. This Ordinance shall take effect 30 days from the date of final passage.
ITEM NUMBER: B-3
DATE:
ATTACHMENT:
12/14/21
3
Page 87 of 88
INTRODUCED at a regular meeting of the City Council held on _____, 2021 and PASSED
APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California,
on _____, 2021.
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
ITEM NUMBER: B-3
DATE:
ATTACHMENT:
12/14/21
3
Page 88 of 88