HomeMy WebLinkAboutCC_2022_07_12_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA
HYBRID MEETING INFORMATION:
In accordance with City Council Resolution No. 2022-044 and the requirements of
AB 361, the City Council Meeting will be available via teleconference for those who
wish to participate remotely. The City Council meeting will also be held in the City
Council Chambers and in-person attendance will be available at that location.
HOW TO OBSERVE THE MEETING REMOTELY:
To participate remotely, residents can livestream the meeting on Zoom, SLO-SPAN.org,
on Spectrum cable Channel 20 in Atascadero, and listen live 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 and on the
City’s YouTube Channel. To participate remotely using the Zoom platform please visit
https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA.
HOW TO SUBMIT PUBLIC COMMENT:
Individuals who wish to provide public comment in-person may attend the meeting in
the City Council Chambers. Individuals who wish to participate remotely may call
(669) 900-6833 (Meeting ID: 889 2347 9018) to listen and provide public comment via
phone or via the Zoom platform using the link above.
If you wish to comment but not via a live platform, please email public comments to
cityclerk@atascadero.org. 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. To ensure distribution to the City Council prior
to consideration of the agenda, the public is encouraged to submit comments no later
than 12:00 p.m. the day of the meeting. Those comments, as well as any comments
received after that time, but before the close of the item, will be distributed to the City Council,
posted on the City’s website, and will be made part of the official public record of the meeting.
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/agendas.
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 made a part of 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 46
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, July 12, 2022
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)
1. None.
PRESENTATIONS
1. Proclamation declaring July as Parks Make Life Better Month
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.)
City Council Regular Session: 6:00 P.M.
Page 2 of 46
1. City Council Draft Action Minutes – June 28, 2022
▪ Recommendation: Council approve the June 28, 2022 Draft City Council Regular
Meeting Minutes. [City Clerk]
2. March 2022 Investment Report
▪ Fiscal Impact: None.
▪ Recommendation: Council receive and file the City Treasurer’s report for quarter ending
March 31, 2022. [Administrative Services]
3. 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]
4. Conflict of Interest Code – Biennial Review
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt Draft Resolution, updating and amending the Conflict
of Interest Code for the City of Atascadero. [City Clerk]
5. Downtown District Pavement Rehabilitation Project Design Engineering
Services Contract
▪ Fiscal Impact: $196,755 in budgeted Local Transportation Funds.
▪ Recommendation: Council award a professional services agreement for $196,755 with
Rick Engineering Company to provide design engineering and construction plan
preparation services for the Downtown District Pavement Rehabilitation Project (Project
No. C2021R01). [Public Works]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address
the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers
are limited to three minutes. Please state your name for the record before making your presentation.
Comments made during Community Forum will not be a subject of discussion. A maximum of 30
minutes will be allowed for Community Forum, unless changed by the Council. 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
commenced 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 need information may
contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00 p.m. at
(805) 470-3400, or cityclerk@atascadero.org.)
B. PUBLIC HEARINGS: None.
C. MANAGEMENT REPORTS:
1. Objective Design Standards Project Update
▪ Fiscal Impact: State funding from the Local Early Action Planning (LEAP) and
Regional Early Action Planning (REAP) will assist in the funding of this work
effort. All project costs are fully covered by these secured grant sources.
▪ Recommendations: Council provide high level direction on key Objective
Design policy items. [Community Development]
Page 3 of 46
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)
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
4. Community Action Partnership of San Luis Obispo (CAPSLO)
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. ADJOURNMENT
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person
may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence
delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be
distributed to the Council and available for review in the City Clerk's office.
Page 4 of 46
ITEM NUMBER: A-1
DATE: 07/12/22
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, June 28, 2022
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 6:00 p.m. and Council Member Bourbeau led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Bourbeau, Dariz, and Funk (by teleconference), Mayor
Pro Tem Newsom (by teleconference) and Mayor Moreno
Absent: None
Others Present: None
Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri
Rangel, Community Development Director Phil Dunsmore, Fire Chief
Casey Bryson, Police Chief Bob Masterson, Public Works Director Nick
DeBar, City Attorney Brian Pierik, Deputy City Manager/City Clerk Lara
Christensen, Senior Planner Kelly Gleason, Public Works Analyst Ryan
Betz, and IT Manager Luke Knight
APPROVAL OF AGENDA:
MOTION: By Council Member Bourbeau and seconded by Council Member Dariz to:
1. Approve this agenda; and,
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 5:0 by a roll-call vote.
City Council Regular Session: 6:00 P.M.
Page 5 of 46
ITEM NUMBER: A-1
DATE: 07/12/22
CLOSED SESSION – REPORT (IF ANY)
1. June 14, 2022
City Attorney Pierik noted that there was no reportable action.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – June 14, 2022
▪ Recommendation: Council approve the June 14, 2022 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. May 2022 Accounts Payable and Payroll
▪ Fiscal Impact: $2,292,110.85.
▪ Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for May 2022. [Administrative Services]
MOTION: By Council Member Dariz and seconded by Council Member
Bourbeau to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
UPDATES FROM THE CITY MANAGER:
Deputy City Manager Christensen gave an update on projects and events within the City.
COMMUNITY FORUM:
The following persons spoke in-person, by telephone or through the webinar: Frank Rimkus,
Geoff Auslen, and Sierra Steele
B. PUBLIC HEARINGS:
1. Adopting Sewer Service Charges to be Added to the 2022-2023 Property Tax Rolls
▪ Fiscal Impact: The City estimates it will collect $3,925,563 in sewer service
charges for Fiscal Year 2022-2023.
▪ Recommendations: Council:
1. Conduct a public hearing to receive verbal testimony regarding the
proposed sewer service charges to be levied onto property tax rolls.
2. Adopt Draft Resolution approving sewer charges to be added to the 2022-
2023 property tax rolls. [Public Works]
Ex Parte Communications: None.
Public Works Analyst Betz gave the staff report.
PUBLIC COMMENT:
The following citizens spoke on this item: None.
Mayor Moreno closed the Public Comment period.
Page 6 of 46
ITEM NUMBER: A-1
DATE: 07/12/22
MOTION: By Council Member Bourbeau and seconded by Council Member
Dariz to adopt Resolution No. 2022-062 approving sewer charges
to be added to the 2022-2023 property tax rolls.
Motion passed 5:0 by a roll-call vote.
2. Del Rio Marketplace (AMND19-0063)
▪ Fiscal Impact: The commercial portion of the project will have a positive impact
on City revenues and will provide synergy for increased development
throughout the area. Additionally, the development is required to annex into
the Citywide CFD. With annexation into the CFD, overall, the project will be
fiscally positive.
▪ Recommendations: Council adopt Draft Resolution approving a Conditional
Use Permit Amendment, Tentative Parcel Map (AT22-0011), and
Environmental Impact Report (EIR) Addendum for the Del Rio Marketplace,
subject to findings and conditions of approval. [Community Development]
Ex Parte Communications:
Council Member Funk reported speaking with Sierra Steele. Mayor Pro Tem Newsom noted
that this project came before her on the DRC. No other Council Members had anything to
report.
Senior Planner Gleason gave the report and answered questions from the Council.
Community Development Director Dunsmore also answered questions from the Council.
Due to technical difficulties, Mayor Moreno recessed the Meeting at 7:07 p.m.
Mayor Moreno recessed the Meeting at 7:27 p.m. will all present.
Mayor Pro Tem Newsom joined the Meeting in person.
PUBLIC COMMENT:
The following citizens spoke on this item: Patti Whelan, xxx, Scott Martin, Derek Williams
Terry McClain, Susan Silva, Sierra Steele, Geoff Auslen, Paul, Kathryn Love, and Clint
Pierce
Mayor Moreno closed the Public Comment period.
Mayor Moreno recessed the Meeting at 9:29 p.m.
Mayor Moreno reconvened the Meeting at 9:35 p.m. with all present.
MOTION: By Council Member Bourbeau and seconded by Council Member
Dariz to adopt Resolution No. 2022-063 approving a Conditional
Use Permit Amendment, Tentative Parcel Map (AT22-0011), and
Environmental Impact Report (EIR) Addendum for the Del Rio
Marketplace, subject to findings and conditions of approval with
the following changes:
• Update the number of units in Section 3(2) Finding C from 82 to
92
Page 7 of 46
ITEM NUMBER: A-1
DATE: 07/12/22
• Added Section 3(4), Findings for Approval of Additional Height,
to include the following findings:
o The additional height provides architectural interest
and adds to a varied roofline.
o The added features will not block solar access to
adjacent properties.
• Updated Exhibit A (Conditions of Approval):
o Amend Condition 29 to read: Second finished floor
elevation of the exchange buildings shall be a minimum
of 16-feet from the finished floor elevation of the ground
floor.
o Add Condition to read: No balconies shall be
permitted on the north elevation of Exchange
Building 1.
o Add Condition to read: Landscaping along the
northern portion of the property shall be limited to
species that will not grow to a natural height that will
impact solar exposure on adjacent residential
properties.
o Add Condition to read: Architectural roof features on
the Exchange 1 building that are above that shown
in the solar modeling (35-foot occupied building
height with gable roof peak at 45-feet) may only be
added if it can be shown that solar shading onto
adjacent residential properties will not be
increased.
o Add Condition to read: Perimeter landscaping along
the Del Rio Road and El Camino Real frontage, in
addition to landscaping along the north property
line, shall be installed with phase 1 of the
development, to the extent feasible, without
necessitating removal for future construction,
subject to the approval of the Community
Development Director.
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS
1. Integrated Waste Management Authority – Amended and Restated Joint
Powers Agreement
▪ Fiscal Impact: None.
▪ Recommendations: Authorize the Mayor to execute the San Luis Obispo
Integrated Waste Management Authority Second Amended and Restated
Joint Powers Agreement. [City Manager]
Deputy City Manager Christensen gave the staff report and answered questions from the
Council.
Page 8 of 46
ITEM NUMBER: A-1
DATE: 07/12/22
PUBLIC COMMENT:
The following citizens spoke on this item: None.
Mayor Moreno closed the Public Comment period.
MOTION: By Council Member Bourbeau and seconded by Council Member
Dariz to authorize the Mayor to execute the San Luis Obispo
Integrated Waste Management Authority Second Amended and
Restated Joint Powers Agreement.
Motion passed 5:0 by a roll-call vote.
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. County Mayors Round Table
Mayor Moreno also reported that those with Galaxy Theater gift cards and vouchers should
contact Galaxy Theater directly at (888) 407-9874 with all questions and concerns.
Council Member Bourbeau
1. Integrated Waste Management Authority (IWMA)
Council Member Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Homeless Services Oversight Council
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURNMENT
Mayor Moreno adjourned the meeting at 10:04 pm.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
APPROVED:
Page 9 of 46
March 2022
March 2022 Investment Report
RECOMMENDATION:
REPORT IN BRIEF:
Cash and Investments
Checking 3,233,688$
Zoo Credit Card Deposit Account 25,739
Certificates of Deposit 13,920,000
Government Securities 13,453,408
Supranational Securities 3,498,682
Municipal Securities 2,910,672
LAIF 22,814,275
Cash with Fiscal Agents 2,604,205
Cash in Banks at March 31, 2022 62,460,669$
Timing Differences (2,235,470)
Cash and Investments at March 31, 2022 60,225,199$
Investment Activity
Securities Purchased:
Purchase Date Description Type Cost Maturity Date
01/18/22 Federal Farm Credit Bank
CUSIP #3133EJ4E6
Government
Security
$ 214,640 12/28/26
01/19/22 San Joaquin Hills Transportation
Corridor Agency
CUSIP #798111HF0
Municipal
Security
506,380 01/15/27
02/17/22 Federal Agriculture Mort Assn
CUSIP #31422XTX0
Government
Security
540,650 02/10/27
02/23/22 Beal Bank USA
Las Vegas, NV
Certificate of
Deposit
245,000 02/17/27
03/16/22 American Express National Bank
Sandy, UT
Certificate of
Deposit
245,000 03/16/27
03/17/22 Federal Home Loan Bank
CUSIP #3130ADU5
Government
Security
518,755 03/12/27
03/23/22 Beal Bank USA
Plano, TX
Certificate of
Deposit
245,000 03/17/27
Atascadero City Council
Council receive and file the City Treasurer's report for quarter ending March 31, 2022.
Staff Report - City Treasurer
ITEM NUMBER: A-2
DATE: 07/12/22
Page 10 of 46
Securities Matured:
Maturity Date Description Type Original Cost Amount Matured
01/13/22 Federal Home Loan Mortgage Co
CUSIP #3137EADB2
Government
Security
$ 507,340 $ 500,000
02/09/22 Triad Bank
Frontenac, MO
Certificate of
Deposit
245,000 245,000
02/14/22 Everbank
Jacksonville, FL
Certificate of
Deposit
245,000 245,000
03/11/22 Federal Home Loan Bank
CUSIP 313378CR0
Government
Security
505,975 500,000
03/24/22 First Sentry Bank
Huntington, WV
Certificate of
Deposit
245,000 245,000
Securities Sold Prior to Maturity:
None
Other Reportable Activities:
None
Investment Activity (continued)
ITEM NUMBER: A-2
DATE: 07/12/22
Page 11 of 46
CITY OF ATASCADERO
TREASURER'S REPORT
CASH & INVESTMENTS ACTIVITY SUMMARY
for the quarter ending March 31, 2022
CHECKING FISCAL
ACCOUNTS INVESTMENTS AGENT TOTALS
Balance per Banks at
January 1, 2022 $3,733,578 $53,875,017 $2,278,606 59,887,201$
Receipts 10,905,880 184,233 147 11,090,260
Recognition of Premiums &
Discounts - (23,711) - (23,711)
Disbursements (8,296,010) - (197,071) (8,493,081)
Transfers In 6,028,927 8,590,425 522,523 15,141,875
Transfers Out (9,112,948) (6,028,927) - (15,141,875)
Balance per Banks at
March 31, 2022 $3,259,427 $56,597,037 $2,604,205 62,460,669
Timing Differences (2,235,470)
Adjusted Treasurer's Balance $60,225,199
ITEM NUMBER: A-2
DATE: 07/12/22
Page 12 of 46
MATURITYDESCRIPTIONPURCHASEINVESTMENT INVESTMENTSTATEDFACEPREMIUM/COST OF MARKETUNREALIZED DATE(ISSUER)DATETYPERATING% RATEYIELDVALUE(DISCOUNT)INVESTMENTVALUEGAIN / (LOSS)Funds Managed by Cityn/aLocal Agency Invest.n/aState Investment Fundn/an/a0.37%22,814,275$ n/a22,814,275$ 22,557,695$ (256,580)$ Fund (LAIF)n/aBroker Money Marketn/aMoney Fundn/an/aVary- n/a- - - 04/05/22Federal National Mortgage Assn05/04/17Government SecurityAaa1.88%1.88%500,000 n/a500,000 500,095 95 CUSIP #3135G0T4505/17/22MB Financial Bank02/09/22Certificate of Depositn/a2.00%2.00%245,000 n/a245,000 245,495 495 Chicago, IL05/31/22Lakeside Bank06/02/17Certificate of Depositn/a2.00%2.00%245,000 n/a245,000 245,632 632 Chicago, IL06/10/22Federal Home Loan Bank05/31/17Government SecurityAaa2.13%1.86%500,000 255 500,255 501,555 1,300 CUSIP #313379Q6907/05/22Sallie Mae Bank07/08/19Certificate of Depositn/a2.20%2.20%245,000 n/a245,000 246,122 1,122 Salt Lake City, UT07/12/22Barclays Bank07/12/17Certificate of Depositn/a2.20%2.20%245,000 n/a245,000 246,181 1,181 Wilmington, DE07/27/22Federal Farm Credit Bank07/12/17Government Securityn/a3.05%1.98%302,000 1,040 303,040 304,226 1,186 CUSIP #3133EDE6508/03/22Federal Farm Credit Bank08/17/17Government SecurityAaa1.90%1.72%500,000 304 500,304 501,915 1,611 CUSIP #3133EHTS209/09/22Federal Home Loan Bank09/11/17Government SecurityAaa2.00%1.62%500,000 833 500,833 502,190 1,357 CUSIP #313380GJ009/14/22Int'l Amer. Development Bank12/18/17Supranational SecurityAaa1.75%2.23%500,000 (1,101) 498,899 500,070 1,171 CUSIP #4581X0CZ910/05/22Federal National Mortgage Assn01/18/18Government SecurityAaa2.00%2.30%500,000 (768) 499,232 502,120 2,888 CUSIP #3135G0T7811/28/22Bank of New England07/26/19Certificate of Depositn/a2.05%2.05%245,000 n/a245,000 246,820 1,820 Salem, NH01/18/23Int'l Amer. Development Bank01/18/18Supranational SecurityAaa2.50%2.46%500,000 147 500,147 503,120 2,973 CUSIP #4581X0DA301/18/23Int'l Amer. Development Bank12/06/18Supranational SecurityAaa2.50%2.90%500,000 (1,565) 498,435 503,120 4,685 CUSIP #4581X0DA302/21/23Merrick Bank12/18/18Certificate of Depositn/a3.35%3.35%245,000 n/a245,000 249,758 4,758 South Jordan, UTINVESTMENT REPORTCITY OF ATASCADERO March 31, 2022ITEM NUMBER: A-2 DATE: 07/12/22Page 13 of 46
MATURITYDESCRIPTIONPURCHASEINVESTMENT INVESTMENTSTATEDFACEPREMIUM/COST OF MARKETUNREALIZED DATE(ISSUER)DATETYPERATING% RATEYIELDVALUE(DISCOUNT)INVESTMENTVALUEGAIN / (LOSS)INVESTMENT REPORTCITY OF ATASCADERO March 31, 202203/10/23Federal Home Loan Bank03/16/18Government SecurityAaa2.50%2.71%500,000$ (967)$ 499,033$ 503,915$ 4,882$ CUSIP #3130ADMX703/24/23Bell Bank 03/24/20Certificate of Depositn/a0.85%0.85%245,000 n/a245,000 243,986 (1,014) Fargo, ND04/11/23Federal Farm Credit Bank04/11/18Government SecurityAaa2.70%2.71%500,000 (56) 499,944 505,245 5,301 CUSIP #3133EJKN804/12/23Morgan Stanley04/12/18Certificate of Depositn/a2.95%2.95%245,000 n/a245,000 249,067 4,067 Salt Lake City, UT05/08/23Old Missouri Bank05/06/19Certificate of Depositn/a2.50%2.50%100,000 n/a100,000 101,222 1,222 Springfield, MO05/09/23Goldman Sachs05/09/18Certificate of Depositn/a3.15%3.15%245,000 n/a245,000 249,728 4,728 New York, NY06/06/23Citibank06/06/18Certificate of Depositn/a3.25%3.25%245,000 n/a245,000 250,160 5,160 Sioux Falls, SD06/27/23PeopleFirst Bank03/27/20Certificate of Depositn/a1.00%1.00%245,000 n/a245,000 243,498 (1,502) Joliet, IL07/31/23Medallion Bank07/31/18Certificate of Depositn/a3.25%3.25%245,000 n/a245,000 250,410 5,410 Salt Lake City, UT07/31/23Int'l Finance Corporation09/12/18Supranational SecurityAaa2.88%2.90%500,000 (166) 499,834 504,550 4,716 CUSIP #45950KCP308/01/23Discover Bank08/01/18Certificate of Depositn/a3.35%3.35%245,000 n/a245,000 250,738 5,738 Wilmington, DE09/26/23MidSouth Bank09/26/18Certificate of Depositn/a3.10%3.10%245,000 n/a245,000 250,023 5,023 Lafayette, LA09/27/23Int'l Bank for Recon & Develop02/06/19Supranational SecurityAaa3.00%2.55%500,000 3,293 503,293 505,770 2,477 CUSIP #459058GL109/27/23Nicolet National Bank03/27/20Certificate of Depositn/a1.25%1.25%245,000 n/a245,000 243,354 (1,646) Green Bay, WI09/29/23Alma Bank03/31/20Certificate of Depositn/a1.10%1.10%245,000 n/a245,000 242,788 (2,212) Astoria, NY11/06/23Federal Farm Credit Bank11/06/18Government Securityn/a3.05%3.06%500,000 (62) 499,938 507,675 7,737 CUSIP #3133EJQ85ITEM NUMBER: A-2 DATE: 07/12/22Page 14 of 46
MATURITYDESCRIPTIONPURCHASEINVESTMENT INVESTMENTSTATEDFACEPREMIUM/COST OF MARKETUNREALIZED DATE(ISSUER)DATETYPERATING% RATEYIELDVALUE(DISCOUNT)INVESTMENTVALUEGAIN / (LOSS)INVESTMENT REPORTCITY OF ATASCADERO March 31, 202211/08/23Morgan Stanley Private Bank11/08/18Certificate of Depositn/a3.55%3.55%245,000$ n/a245,000$ 251,470$ 6,470$ New York, NY12/08/23Federal Home Loan Bank04/30/20Government Securityn/a2.50%0.39%640,000 22,793 662,793 641,715 (21,078) CUSIP #3130AAHE101/30/24First Premier Bank01/30/19Certificate of Depositn/a2.95%2.95%245,000 n/a245,000 249,219 4,219 Sioux Falls, SD02/22/24Bank of Delight02/22/19Certificate of Depositn/a2.85%2.85%245,000 n/a245,000 248,677 3,677 Delight, AR03/08/24Federal Home Loan Bank03/07/19Government SecurityAaa2.38%2.58%750,000 (2,888) 747,112 750,435 3,323 CUSIP #3130AB3H703/27/24First National Bank03/27/19Certificate of Depositn/a2.75%2.75%245,000 n/a245,000 248,026 3,026 East Lansing, MI04/26/24Mainstreet Bank05/01/19Certificate of Depositn/a2.60%2.60%245,000 n/a245,000 247,207 2,207 Fairfax, VA05/13/24Federal Farm Credit Bank05/13/19Government SecurityAaa2.31%2.32%500,000 (72) 499,928 500,755 827 CUSIP #3133EKLB005/16/24Enterprise Bank05/16/19Certificate of Depositn/a2.60%2.60%245,000 n/a245,000 247,134 2,134 Allison Park, PA06/01/24Tulare County Pension Bond09/28/20Municipal SecurityA13.56%0.79%120,000 7,121 127,121 121,620 (5,501) CUSIP #899154AW806/26/24Commerce Bank06/26/19Certificate of Depositn/a2.30%2.30%245,000 n/a245,000 245,394 394 Geneva, MN07/26/24Abacus Federal Savings07/26/19Certificate of Depositn/a2.00%2.00%245,000 n/a245,000 243,554 (1,446) New York, NY08/01/24Federal Farm Credit Bank07/24/19Government SecurityAaa3.25%1.92%427,000 12,847 439,847 436,108 (3,739) CUSIP 3133EJM5508/19/24CF Bank08/19/19Certificate of Depositn/a1.85%1.85%245,000 n/a245,000 242,506 (2,494) Worthington, OH08/28/24Genoa Banking Company08/28/19Certificate of Depositn/a1.80%1.80%245,000 n/a245,000 242,133 (2,867) Genoa, OH08/28/24Int'l Bank for Recon & Develop10/18/19Supranational SecurityAaa1.50%1.62%500,000 (1,394) 498,606 489,010 (9,596) CUSIP #459056HV2ITEM NUMBER: A-2 DATE: 07/12/22Page 15 of 46
MATURITYDESCRIPTIONPURCHASEINVESTMENT INVESTMENTSTATEDFACEPREMIUM/COST OF MARKETUNREALIZED DATE(ISSUER)DATETYPERATING% RATEYIELDVALUE(DISCOUNT)INVESTMENTVALUEGAIN / (LOSS)INVESTMENT REPORTCITY OF ATASCADERO March 31, 202208/30/24Preferred Bank08/30/19Certificate of Depositn/a1.85%1.85%245,000$ n/a245,000$ 242,403$ (2,597)$ Los Angeles, CA09/10/24Peoples Bank03/23/20Certificate of Depositn/a1.50%1.50%100,000 n/a100,000 98,067 (1,933) Rock Valley, IA09/20/24Bank of Deerfield09/20/19Certificate of Depositn/a1.70%1.70%245,000 n/a245,000 241,320 (3,680) Deerfield, WI09/25/24Grand River Bank03/25/20Certificate of Depositn/a1.00%1.00%245,000 n/a245,000 237,126 (7,874) Grandville, MI10/15/24Federal National Mortgage Assn03/13/20Government SecurityAaa1.63%0.81%500,000 10,264 510,264 489,910 (20,354) CUSIP #3135G0W6611/08/24Raymond James Bank11/08/19Certificate of Depositn/a1.80%1.80%245,000 n/a245,000 241,411 (3,589) St. Petersburg, FL12/13/24Federal Home Loan Bank03/13/20Government SecurityAaa2.75%0.84%500,000 25,538 525,538 503,760 (21,778) CUSIP #3130A3GE801/15/25Int'l Bank for Recon & Develop01/16/20Supranational SecurityAaa1.63%1.66%500,000 (532) 499,468 487,595 (11,873) CUSIP #459058HT301/20/25Live Oak Banking Company01/24/20Certificate of Depositn/a1.85%1.85%245,000 n/a245,000 240,904 (4,096) Wilmington, NC01/24/25Baycoast Bank01/24/20Certificate of Depositn/a1.70%1.70%245,000 n/a245,000 239,875 (5,125) Swansea, MA02/12/25Federal Home Loan Mtge Corp03/13/20Government SecurityAaa1.50%0.79%500,000 10,076 510,076 486,035 (24,041) CUSIP #3137EAEP003/03/25Federal Farm Credit Bank03/04/20Government SecurityAaa1.21%0.88%500,000 4,702 504,702 481,670 (23,032) CUSIP #3133ELQY303/26/25Evergreen Bank Group03/26/20Certificate of Depositn/a1.00%1.00%245,000 n/a245,000 234,122 (10,878) Oak Brook, IL03/27/25Bank of Romney03/27/20Certificate of Depositn/a1.15%1.15%245,000 n/a245,000 235,163 (9,837) Romney, WV03/27/25First Jackson Bank03/27/20Certificate of Depositn/a1.15%1.15%245,000 n/a245,000 235,163 (9,837) Stevenson, AL04/01/25El Cajon Taxable Pension Obl01/27/21Municipal SecurityAa1.18%0.70%650,000 9,248 659,248 616,909 (42,339) CUSIP 282659AX9ITEM NUMBER: A-2 DATE: 07/12/22Page 16 of 46
MATURITYDESCRIPTIONPURCHASEINVESTMENT INVESTMENTSTATEDFACEPREMIUM/COST OF MARKETUNREALIZED DATE(ISSUER)DATETYPERATING% RATEYIELDVALUE(DISCOUNT)INVESTMENTVALUEGAIN / (LOSS)INVESTMENT REPORTCITY OF ATASCADERO March 31, 202204/28/25First National Bank04/28/20Certificate of Depositn/a1.35%1.35%245,000$ n/a245,000$ 236,278$ (8,722)$ McGregor, TX04/29/25Flagstar Bank03/26/20Certificate of Depositn/a1.15%1.15%245,000 n/a245,000 234,872 (10,128) Troy, MI07/01/25University of California10/22/20Municipal SecurityAa23.06%0.81%300,000 21,713 321,713 301,503 (20,210) CUSIP #91412GU9409/01/25San Bernardino Successor Agency10/22/20Municipal SecurityAa4.00%0.71%175,000 19,456 194,456 184,154 (10,302) Swansea, MA10/01/25Folsom Cordova School District11/10/20Municipal SecurityAa-3.00%1.00%400,000 27,521 427,521 402,808 (24,713) CUSIP #34440PCN911/07/25Federal National Mortgage Assn12/14/20Government SecurityAaa0.50%0.42%500,000 1,431 501,431 465,490 (35,941) CUSIP #3135G06G311/15/25Tulare Sewer Revenue 12/11/20Municipal SecurityAa1.46%0.58%400,000 12,503 412,503 380,532 (31,971) CUSIP 899124MF512/11/25BMW Bank North America12/11/20Certificate of Depositn/a0.50%0.50%245,000 n/a245,000 227,086 (17,914) Salt Lake City, UT12/18/25Third Federal Savings & Loan12/18/20Certificate of Depositn/a1.46%1.46%245,000 n/a245,000 226,556 (18,444) Cleveland, OH01/15/26First Reliance Bank01/15/21Certificate of Depositn/a0.30%0.30%245,000 n/a245,000 224,761 (20,239) Florence, SC01/22/26ConnectOne Bank01/22/21Certificate of Depositn/a0.45%0.45%245,000 n/a245,000 225,986 (19,014) Englewood Cliffs, NJ01/22/26Luana Savings Bank01/22/21Certificate of Depositn/a0.40%0.40%245,000 n/a245,000 225,628 (19,372) Luana, IA 02/11/26Ind'l & Com'l Bank of China02/22/21Certificate of Depositn/a0.45%0.45%245,000 n/a245,000 225,785 (19,215) New York, NY03/02/26Federal Farm Credit Bank03/03/21Government SecurityAaa2.22%0.75%876,000 49,631 925,631 865,313 (60,318) CUSIP #3133EFH9103/27/26Federal Agriculture Mtge Corp03/30/21Government Securityn/a0.83%0.87%500,000 (745) 499,255 467,950 (31,305) CUSIP #31422XDX704/23/26Malaga Bank04/23/21Certificate of Depositn/a0.55%0.55%245,000 n/a245,000 225,623 (19,377) Palos Verdes Peninsula, CAITEM NUMBER: A-2 DATE: 07/12/22Page 17 of 46
MATURITYDESCRIPTIONPURCHASEINVESTMENT INVESTMENTSTATEDFACEPREMIUM/COST OF MARKETUNREALIZED DATE(ISSUER)DATETYPERATING% RATEYIELDVALUE(DISCOUNT)INVESTMENTVALUEGAIN / (LOSS)INVESTMENT REPORTCITY OF ATASCADERO March 31, 202204/24/26Federal National Mortgage Assn04/26/21Government SecurityAaa2.13%0.77%500,000$ 27,146$ 527,146$ 492,650$ (34,496)$ CUSIP #3135G0K3605/19/26Eaglemark Savings Bank05/19/21Certificate of Depositn/a0.70%0.70%245,000 n/a245,000 226,794 (18,206) Reno, NV06/30/26UBS Bank USA05/19/21Certificate of Depositn/a0.90%0.90%245,000 n/a245,000 228,142 (16,858) Salt Lake City, UT07/01/26New York Community Bank06/29/21Certificate of Depositn/a0.85%0.85%245,000 n/a245,000 227,713 (17,287) Hicksville, NY07/22/26Toyota Financial Savings Bank07/22/21Certificate of Depositn/a0.95%0.95%245,000 n/a245,000 228,455 (16,545) Henderson, NV08/01/26Rancho Adobe Fire Protection10/14/21Municipal SecurityAa1.43%1.25%260,000 1,968 261,968 244,761 (17,207) CUSIP #752096AE708/13/26Synchrony Bank08/13/21Certificate of Depositn/a0.90%0.90%245,000 n/a245,000 227,701 (17,299) Draper, UT09/24/26Federal National Mortgage Assn09/24/21Government SecurityAaa1.88%0.80%500,000 23,731 523,731 486,735 (36,996) CUSIP #3135G0Q2209/29/26First Bank Richmond09/29/21Certificate of Depositn/a0.55%0.55%245,000 n/a245,000 223,531 (21,469) Richmond, IN11/17/26Capital One National 11/17/21Certificate of Depositn/a1.10%1.10%245,000 n/a245,000 228,739 (16,261) McLean, VA11/17/26Capital One Bank11/17/21Certificate of Depositn/a1.10%1.10%245,000 n/a245,000 228,739 (16,261) Glen Allen, VA12/21/26Federal Home Loan Bank12/30/21Government SecurityAaa1.25%1.26%500,000 (170) 499,830 472,900 (26,930) CUSIP #3130AQF6512/28/26Federal Farm Credit Banks01/18/22Government SecurityAaa3.13%1.58%200,000 14,065 214,065 205,300 (8,765) CUSIP #3133EJ4E612/31/26Bank of Kremlin12/31/21Certificate of Depositn/a1.05%1.05%245,000 n/a245,000 227,652 (17,348) Kremlin, OK01/15/27San Joaquin Hills Trans Agency01/19/22Municipal SecurityA22.15%1.88%500,000 6,142 506,142 477,140 (29,002) CUSIP # 798111HF002/10/27Federal Agriculture Mtge Corp02/17/22Government Securityn/a1.60%1.96%550,000 (9,142) 540,858 525,173 (15,685) CUSIP #31422XTX0ITEM NUMBER: A-2 DATE: 07/12/22Page 18 of 46
ITEM NUMBER: A-2 DATE: 07/12/22Page 19 of 46
City of Atascadero
Investments by Type
March 2022
Investment March 2022
LAIF 22,814,275$
Certificates of Deposit 13,920,000
Government Securities 13,453,408
Supranational Securities 3,498,682
Municipal Securities 2,910,672
Cash with Fiscal Agent 2,604,205
59,201,242$
LAIF
39%Certificates of
Deposit
23%
Government
Securities
23%
Supranational
Securities
6%
Municipal
Securities
5%Cash with
Fiscal Agent
4%
ITEM NUMBER: A-2
DATE: 07/12/22
Page 20 of 46
City of Atascadero
Investments by Maturity *
March 2022
Investment March 2022
On Demand 23,314,275$
One Month to One Year 6,015,178
One to Five Years 27,267,584
56,597,037$
* Cash with fiscal agent is not included in the totals for this graph because the amounts are restricted based on
bond covenants, and therefore, the City doesn't retain the option to liquefy these funds at will.
On Demand
41%
One Month to One
Year
11%
One to Five Years
48%
ITEM NUMBER: A-2
DATE: 07/12/22
Page 21 of 46
City of Atascadero
Investments by Custodial Agent
March 2022
Custodial Agent March 2022
State of California 22,814,275$
Union Bank 33,782,762
Bank of New York 2,604,205 Other
59,201,242$
State of California
39%
Union Bank
57%
Bank of New York
4%
ITEM NUMBER: A-2
DATE: 07/12/22
Page 22 of 46
City of Atascadero
Investment Yield vs. 2-Year Treasury Yield
For the Quarter Ended March 31, 2022
City Yield
2-Yr
Treasury
Weighted
Portfolio
Yield
March 2020 1.90%1.16%
June 2020 1.69%1.00%
September 2020 1.59%1.09%
December 2020 1.36%0.94%
March 2021 1.26%0.90%
June 2021 1.11%0.82%
September 2021 1.14%0.86%
December 2021 1.08%0.99%
March 2022 1.12%1.49%
0.00%
0.20%
0.40%
0.60%
0.80%
1.00%
1.20%
1.40%
1.60%
1.80%
2.00%
City Yield 2-Yr Treasury Weighted Portfolio Yield
ITEM NUMBER: A-2
DATE: 07/12/22
Page 23 of 46
ITEM NUMBER: A-3
DATE: 07/12/22
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 meeting requirements
relating to teleconferencing rules, temporarily suspending the Brown Act provisions
requiring the physical presence of council, board and commission members at public
meetings. The 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, Resolution
No. 2021-073 on November 23, 2021, Resolution No. 2021-074 on December 14, 2021,
Resolution No. 2022-001 on January 11, 2022, Resolution No. 2022-003 on February 8,
2022, Resolution No. 2022-010 on March 8, 2022, Resolution No. 2022-010 on April 12,
2022, Resolution No. 2022-032 on May 10, 2022, Resolution No. 2022-038 on May 26,
2022, and Resolution No. 2022-044 on June 14, 2022, making the requisite findings to
Page 24 of 46
ITEM NUMBER: A-3
DATE: 07/12/22
continue remote teleconferencing. Circumstances have not changed since the
Council’s adoption of Resolution No. 2022-038.
In order to continue remote teleconferencing, the City Council must make the following
findings (Gov. Code § 52953(e)(3)):
• 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.
Social distancing is the term used for measures that reduce physical contact between
infectious and susceptible people during a disease outbreak. While local and state
mask mandates have been lifted, and the San Luis Obispo County local health
emergency has been terminated, there are still some remaining social distancing
measures in place to reduce the spread of COVID.
• The California Department of Public Health continues to strongly recommend
masks for all persons, regardless of vaccine status, in indoor public settings and
businesses.
• The City remains subject to the State Occupational Safety and Health
Administration (CalOSHA) regulations which, among other requirements,
continues to obligate an employer to provide training to employees on COVID-19
transmission and risk reduction, including “The fact that particles containing the
virus can travel more than six feet, especially indoors, so physical distancing,
face coverings, increased ventilation indoors, and respiratory protection decrease
the spread of COVID-19, but are most effective when used in combination.”
(CCR Section 3205(c)5(D).)
• CDC continues to have quarantine and isolation recommendations for those that
have tested positive for COVID, those that have symptoms of COVID and for
those that have been exposed to COVID. These isolation and quarantine
requirements continue to often prevent employees and community members
from attending meetings in person.
Should the Draft Resolution not be adopted, and the City Council (or an individual
Council Member) elects to attend virtually, the City must comply with the provisions of
Government Code Section 54953(3)(b):
• Agendas shall be posted at all teleconferencing locations
• Each teleconference location shall be identified on the agenda
• Each teleconference location shall be accessible to the public
• At least a quorum of the Council shall participate from locations with the
boundaries of the City
• The public shall be provided an opportunity to address the Council directly at
each teleconference location
Page 25 of 46
ITEM NUMBER: A-3
DATE: 07/12/22
Adoption of the Draft Resolution does not prohibit the conduct of a traditional or hybrid
meeting in accordance with state and local regulations. At Council’s direction on March
8, 2022, and because CDC measures are still in place that could prevent a member of
the public from participating in the meeting in person, if the Draft Resolution were not
adopted staff will continue to conduct hybrid City Council meetings that allow public
participation both virtually and in-person. At this time, there is not staff available to
conduct all advisory body meetings (such as Planning Commission, Design Review
Committee, ATBID, CSTOC) in a hybrid fashion and adoption of the Draft Resolution
allows these meetings to continue to be conducted virtually. If the Draft Resolution was
not adopted, these advisory bodies would need to return to the traditional in-person
meeting model, effective immediately.
FISCAL IMPACT:
None.
ATTACHMENT:
Draft Resolution
Page 26 of 46
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
07/12/22
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 and Omicron variants are highly transmissible in indoor settings
and breakthrough cases are more common; and
WHEREAS, state 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, Resolution No. 2021-073 on
November 23, 2021, Resolution No. 2021-074 on December 14, 2021, Resolution No. 2022-001
on January 11, 2022, Resolution No. 2022-003 on February 8, 2022, Resolution No. 2022-006 on
March 8, 2022, Resolution No. 2022-010 on April 12, 2022, Resolution No. 2022-032 on May 10,
2022, Resolution No. 2022-038 on May 26, 2022, and Resolution No. 2022-044 on June 14, 2022, 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
Page 27 of 46
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:
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 state of emergency continues to directly impact the ability of the members to meet
safely in person.
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 24th day
of May, 2022.
Page 28 of 46
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 29 of 46
ITEM NUMBER: A-4
DATE: 07/12/22
Atascadero City Council
Staff Report - City Clerk
Conflict of Interest Code - Biennial Review
RECOMMENDATION:
Council adopt Draft Resolution, updating and amending the Conflict of Interest Code for
the City of Atascadero.
DISCUSSION:
The Political Reform Act requires every local government agency to review its Conflict of
Interest Code biennially and Government Code Section 87306 requires an agency to
amend its Conflict of Interest Code when change is necessitated by changed
circumstances, including the creation of new positions/titles and the deletion of old ones.
The Political Reform Act requires that any amendments to the Conflict of Interest Code
be adopted no later than December 30, 2022.
The Conflict of Interest Code is a document that designates the positions within an agency
that make, or participate in making, governmental decisions that may foreseeably have a
material effect on any financial interest. The Code further sets out, in paragraphs called
disclosure categories, the specific types of investments, business positions, interest in
real property and sources of income that must be reported by the designated positions.
Reviewed biennially, the Conflict of Interest Code was last updated in November 2020 to
reflect amendments to the City’s Classification Plan and more detailed disclosure
categories. Since the 2020 update, additional approved amendments to the City’s
Classification Plan have resulted in the re-naming of positions and following review of the
City’s current Conflict of Interest Code, it was determined that amendments were
necessary to reflect these changes.
This Conflict of Interest Code pertains only to the designated positions listed in Exhibit A
to the Draft Resolution. The Council Members, City Treasurer, Planning Commissioners,
City Manager and City Attorney are exempt from this Code as they are otherwise required
to file disclosure statements pursuant to State Law under Govt. Code 87200.
The City Clerk and the City Attorney have reviewed the current Code. The proposed
amendments to the Conflict of Interest Code incorporate the basic provisions required by
Government Code Section 87302 and comply with FPPC regulations. The revised list
contains a list of designated positions that make, or participate in making, governmental
Page 30 of 46
ITEM NUMBER: A-4
DATE: 07/12/22
decisions. Designated positions have been appropriately assigned to suitable disclosure
categories that reflect job duties and responsibilities. The recommended changes reflect
the current staffing of the City of Atascadero.
FISCAL IMPACT:
None.
ALTERNATIVES:
The Code must be updated. The Council is free to add positions to the Code or to suggest
any other changes, so long as the changes comply with the Political Reform Act.
ATTACHMENT:
Draft Resolution
Page 31 of 46
ITEM NUMBER: A-4
DATE: 07/12/22
ATTACHMENT: 1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING AN AMENDED
CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act requires every local government agency to review its
Conflict of Interest Code biennially (in even-numbered years) to determine if it is accurate and
up-to-date, or, alternatively, that the Code must be amended; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero
as follows:
SECTION 1. Resolution No. 2020-080, adopted on November 24, 2020, is hereby
rescinded.
SECTION 2. That the Conflict of Interest Code attached to this Resolution as Exhibit A be,
and hereby is, adopted as the Conflict of Interest Code for the City of Atascadero.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of_______, 2022.
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 32 of 46
ITEM NUMBER: A-4
DATE: 07/12/22
ATTACHMENT: 1A
CONFLICT OF INTEREST CODE
OF THE
CITY OF ATASCADERO
The Political Reform Act, Government Code Section 81000, et. seg., requires state and
local government agencies to adopt and promulgate conflict of interest codes. The Fair
Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section
18730, which contains the terms of a standard conflict of interest code. It can be
incorporated by reference and may be amended by the Fair Political Practices
Commission after public notice and hearings to conform to amendments in the Political
Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any
amendments to it duly adopted by the Fair Political Practices Commission are hereby
incorporated by reference and, along with the attached Appendix in which members and
employees are designated and disclosure categories are set forth, constitute the conflict
of interest code of the City of Atascadero.
Designated employees shall file their statements with the City of Atascadero who will
make the statements available for public inspection and reproduction (Gov. Code Section
81008). Statements for all designated employees will be retained by the City of
Atascadero.
Page 33 of 46
ITEM NUMBER: A-4
DATE: 07/12/22
ATTACHMENT: 1A
DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES
The following positions entail the making or participation in the making of decisions which
foreseeably may have a material effect on financial interests:
Designated Position1 Disclosure Category:
Administrative Services Director 1
City Clerk 2
Community Development Director 1
Consultants (who make or participate in making of governmental decisions)2 1
Consultants (who perform the duties of a designated position)2 Same
category as the comparable
designated position
Deputy Administrative Services Director 1
Deputy City Manager 1
Deputy Community Development Director 1
Deputy Community Development Director/Chief Building
Official/Economic Development Director 1
Deputy Public Works Director 1
Exempt Officials3 1
Fire Chief 1
Fire Battalion Chief 1
Fire Marshal 3, 4, 6
Information Technology Manager 4, 6
New Positions4 1
Police Chief 1
Police Lieutenant Commander 1
Public Works Director / City Engineer 1
Zoo Director 5, 6
Members of all permanent City Commissions, Boards 2
and Committees not otherwise required to file
Conflict of Interest Statements
Fire Captain (all specialist designations) 5, 6
Police Sergeant (all designations) 5, 6
1 In the event that State law or regulations regarding the filing of Conflict of Interest Statements should be amended, this
Exhibit shall be changed to include the designated position and category of each official as required by said amendment.
2 Consultants (see Definitions) who make or participate in making governmental decisions shall disclose pursuant to
the broadest disclosure category in the Code. However, the City Manager may determine in writing that a particular
consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is
not required to fully comply with the disclosure requirements described in the section. Such written determination shall
include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure
requirements. The City Manager's determination is a public record and shall be retained for public inspection by the City
Clerk in the same manner and location as this Conflict of Interest Code.
3 Exempt Officials include the Mayor, Members of the City Council, City Treasurer, Members of the Planning
Commission, City Manager, and City Attorney, who are all otherwise required to file disclosure statements pursuant to
State Law.
4. New positions that make or participate in making governmental decisions are required to file under the broadest
disclosure category in the City’s Conflict of Interest Code. If the new position performs limited duties, the City Manager
may tailor the disclosure requirements to the duties performed. If the City Manager provides tailored disclosure, a
written description of the position's duties and, based upon that description, a statement of the extent of disclosure
requirements must be completed as detailed for Consultants above.
Page 34 of 46
ITEM NUMBER: A-4
DATE: 07/12/22
ATTACHMENT: 1A
CATEGORIES OF REPORTABLE ECONOMIC INTERESTS
Designated Persons in Category "1" Must Report:
All investments, interests in real property, income, and any business entity in which the
person is a director, officer, partner, trustee, employee, or holds any position of
management. These financial interests are reportable only if located within and subject to
the jurisdiction of the City, or if the business entity is doing business or planning to do
business in an area subject to the jurisdiction of the City, or has done business within an
area subject to the jurisdiction of the City at any time during the two years prior to the filing
of the statement.
Designated Persons in Category "2" Must Report:
(1) All interests in real property which is located in whole or in part within, or not more
than two (2) miles outside the jurisdiction of the City.
(2) Investments in any business entity that, within the last two years, has contracted or in
the future foreseeably may contract with the City.
(3) Income from any source that, within the last two years, has contracted or in the future
foreseeably may contract with the City.
(4) His or her status as a director, officer, partner, trustee, employee, or holder of a position
of management in any business entity that, within the last two years, has contracted or in
the future foreseeably may contract with the City.
Designated persons in Category “3” Must Report:
All investments and business positions in business entities, and sources of income,
including gifts, loans and travel payments, that are engaged in development, construction,
appraisal, or the acquisition or sale of real property within the jurisdiction of the City.
Designated persons in Category “4” Must Report:
All investments and business positions in business entities, and sources of income,
including gifts, loans and travel payments, that provide services, supplies, materials,
machinery, vehicles or equipment of a type utilized by the City.
Designated persons in Category “5” Must Report:
All investments and business positions in business entities, and sources of income,
including gifts, loans and travel payments, that provide services, supplies, materials,
machinery, vehicles or equipment of a type purchased or leased by the designated
position’s department, unit, or division.
Designated persons in Category “6” Must Report:
Page 35 of 46
ITEM NUMBER: A-4
DATE: 07/12/22
ATTACHMENT: 1A
All investments and business positions in business entities, and sources of income,
including gifts, loans and travel payments, that are subject to the regulatory, permit, or
licensing authority of the designated position’s department, unit, or division.
DEFINITIONS
CONSULTANTS
(See Title 2 California Code of Regulations, section 18700.3)
Consultants means those individuals who, pursuant to a contract with the City make (not
just recommend) governmental decisions such as whether to approve a rate, rule or
regulation; to issue, deny suspend, or revoke any permit, license application, certificate or
similar authorization; adopt or grant City approval to a plan, design report, study or similar
item; adopt or grant City approval of policies, standards, or guidelines for the City or any
subdivision thereof; grant approval to a contract or the specifications thereof; or adopt or
enforce any law.
Consultants also means those who serve in a staff capacity with the City, and in that capacity
perform the same or substantially all the same duties for the City that would otherwise be
performed by an individual holding a designated position in the City’s Conflict of Interest
Code.
Consultants also means those who serve in a staff capacity and participate in the making of
a governmental decision by providing information, an opinion, or a recommendation to any
governmental decision-maker (including, but not limited to, the City Manager or any other
City staff with contracting authority) without significant intervening substantive review.
INCOME
(See Government Code section 82030)
(A) "Income" means (except as provided in subdivision B):
A payment received, including but not limited to any salary, wage, advance, dividend,
interest, rent, proceeds from any sale, gift, including any gift of food or beverage,
loan, forgiveness or payment of indebtedness received by the filer, reimbursement
for expenses, per diem, or contribution to an insurance or pension program paid by
any person other than an employer, and including any community property interest
in the income of a spouse. Income also includes an outstanding loan. Income of an
individual also includes a pro rata share of any income of any business entity or trust
in which the individual or spouse owns, directly, indirectly or beneficially, a 10 percent
interest or greater. "Income," other than a gift, does not include income received from
any source outside the jurisdiction and not doing business within the jurisdiction, not
planning to do business within the having done business within the jurisdiction during
the two years prior to the time any statement or other action is required under this
title.
(B) "Income" does not include:
Page 36 of 46
ITEM NUMBER: A-4
DATE: 07/12/22
ATTACHMENT: 1A
(1) Campaign contributions required to be reported under Chapter 4 (commencing
with Section 84100).
(2) Salary and reimbursement for expenses or per diem received from a state, local,
or federal government agency and reimbursement for travel expenses and per diem
received from a bona fide educational, academic, or charitable organization.
(3) Any devise or inheritance.
(4) Interest, dividends, or premiums on a time or demand deposit in a financial
institution, shares in a credit union or any insurance policy, payments received under any
insurance policy, or any bond or other debt instrument issued by any government or
government agency.
(5) Dividends, interest, or any other return on a security which is registered with the
Securities and Exchange Commission of the United States Government or a commodity
future registered with the Commodity Futures Trading Commission of the United States
Government, except proceeds from the sale of these securities and commodities futures.
(6) Redemption of a mutual fund.
(7) Alimony or child support payments.
(8) Any loan or loans from a commercial lending institution which are made in the
lender's regular course of business on terms available to members of the public without
regard to official status if:
(a) Used to purchase, refinance the purchase of, or for improvements to, the
principal residence of flier; or
(b) The balance owed does not exceed ten thousand dollars ($10,000).
(9) Any loan from an individual's spouse, child, parent, grandparent, grandchild,
brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first
cousin, or the spouse of any such person, provided that a loan from any such person shall
be considered income if the lender is acting as an agent or intermediary for any person not
covered by this paragraph.
(10) Any indebtedness created as part of a retail installment or credit card transaction
if made in the lender's regular course of business on terms available to members of the
public without regard to official status, so long as the balance owed to the creditor does not
exceed ten thousand dollars ($10,000).
(11) Payments received under a defined benefit pension plan qualified under Internal
Revenue Code Section 401(a).
(12) Proceeds from the sale of securities registered with the Securities and Exchange
Commission of the United States Government or from the sale of commodities futures
Page 37 of 46
ITEM NUMBER: A-4
DATE: 07/12/22
ATTACHMENT: 1A
registered with the Commodity Futures Trading commission of the United States
Government if the flier sells the securities or the commodities futures on a stock or
commodities exchange and does not know or have reason to know the identity of the
purchaser.
Page 38 of 46
ITEM NUMBER: A-5
DATE: 07/12/22
Atascadero City Council
Staff Report – Public Works Department
Downtown District Pavement Rehabilitation Project
Design Engineering Services Contract
RECOMMENDATION:
Council award a professional services agreement for $196,755 with Rick Engineering
Company to provide design engineering and construction plan preparation services for
the Downtown District Pavement Rehabilitation Project (Project No. C2021R02).
DISCUSSION:
Background
The Downtown District Pavement Rehabilitation Project groups a total of 1.7 miles of
roadways within Atascadero’s downtown core into a single comprehensive pavement
resurfacing and rehabilitation project. It is expected that a number of different
pavement treatment methods will be utilized on this project, as there is wide variability
in the existing conditions of the roads.
This project also includes multiple locations where detailed design and replacement of
roadway edge improvements is necessary, either as a result of existing drainage issues
or ADA compliance requirements. Specifically, the consultant has included work scope
to replace 14 corner curb ramps and modify three others (add truncated domes) to
bring the ramps into compliance with current ADA requirements, preparation of detailed
design to replace subsided curb and gutter at multiple locations, redesign of the
sidewalk frontage surrounding Fire Station 1, and evaluation of alternatives and design
for modifications to edge improvements at the northwest corner of the intersection of
Traffic Way with Palma Avenue.
Below is a list of the roadway segments selected for this project, with existing pavement
conditions. A map showing these roadway segments and ADA ramps to be replaced is
attached for reference (Attachment 1).
Page 39 of 46
ITEM NUMBER: A-5
DATE: 07/12/22
Road Segments in Downtown District Pavement Rehabilitation Project
Road Segment From To Length (ft) Area (sf) 2019 PCI*
City Alley #1 Palma Ave 305’ South of
Palma Ave 305 9,485 35
City Alley #2 Palma Ave Entrada Ave 390 16,630 35**
City Alley #3 Palma Ave 130’ North of
Palma Ave 130 5,200 35**
East Mall El Camino Real Lewis Ave 810 29,930 45/72
Entrada Ave El Camino Real Lewis Ave 740 33,300 50
Lewis Ave Traffic Way Capistrano Ave 1,100 44,870 38/50/78
Olmeda Ave Traffic Way West Mall 615 20,295 49
Palma Ave Traffic Way East Mall 860 36,700 47/53
Traffic Way El Camino Real Tunitas Ave 1,780 80,250 48/69
West Mall El Camino Real Capistrano Ave 2,140 81,910 69/52
Total 8,870 358,570
1.68 miles
* For roadways with multiple segments in Pavement Management Plan, all PCI’s shown.
** Estimated. Not included in 2019 Pavement Assessment.
Analysis
Staff prepared a Request for Proposal (RFP) and solicited proposals in May 2022 from
qualified consultants to provide design services and prepare construction plans and
specifications for the project. Services in the proposal include preliminary geotechnical
testing, topographic survey services, survey monument research, pavement
engineering analysis, preparing construction plans, specifications, cost estimates
(PS&E), and providing engineering assistance during the bid process.
Staff received three proposals from qualified consultants: Rick Engineering Company
(RICK), AKA Engineering, and Pavement Engineering Inc. (PEI). Proposals were
individually reviewed and scored by a technical selection committee that considered
experience with similar projects, responsiveness to City needs, experience of key
personnel and other factors. Of particular importance to staff on this project is that the
selected consultant recognizes the importance of and identify a strategy for
construction staging to minimize access impacts to downtown businesses during the
project. The City was fortunate to receive excellent proposals from the three proposing
firms, and after evaluating all proposals, the selection committee agreed that Rick
Engineering Company submitted the proposal that best combined qualifications and
value to the project.
RICK provided a detailed fee estimate worksheet with their proposal that included labor
hours/costs, reimbursable expenses, and subconsultant fees for the work scope
identified in the City’s request for proposals. Staff reviewed RICK’s work scope and fee
and have determined that it is reasonable given the number of roadway segments,
expected detailed design work associated with ADA and drainage improvements, and
other detailed design items included. Staff is recommending the Council award a
Page 40 of 46
ITEM NUMBER: A-5
DATE: 07/12/22
contract with RICK on a labor plus reimbursable expenses basis for an estimated
maximum fee of $196,755 for design engineering services for the project.
Design work is anticipated to take approximately nine months to complete. Staff
anticipates publicly bidding the project sometime in March 2023 with construction during
the summer (non-school) months of June-August, 2023.
FISCAL IMPACT:
This project is included in the adopted FY 2021-2023 budget and includes $1,675,000
in LTF funding.
It should be noted that City staff will work closely with the selected consultant to limit
costs and maximize efficiencies where possible, but similar to many industries
construction costs have seen rapid escalation since the FY 2021-2023 Budget was
completed nearly one and one-half years ago. While there are some contingencies
built into the budget amount, the current inflation rate and construction cost escalation
was not known at that time. Certain materials, particularly those tied closely to oil
prices or technical manufacturing processes, are currently experiencing year-over-year
cost escalation of 30% to 50% and long lead times. The cost estimate for the project
will be updated during this design phase.
ESTIMATED EXPENDITURES
Engineering Design, Topographic Survey, Geotechnical
Testing 225,000
Construction Contract 1,125,000
Coordination, Inspection and Support @ 10% 100,000
Construction Contingency @ 20% 225,000
Total Estimated Expenditures: $1,675,000
BUDGETED FUNDING
Local Transportation Funds (LTF) $1,675,000
Total Estimated Funding Sources $1,675,000
Projected Net Project Surplus / (Shortfall) $ -
ALTERNATIVES:
Council may direct staff to resolicit for design engineering services for the project, but
staff does not recommend this since the top proposals received were qualified and
appear to be very competitive.
ATTACHMENT:
Downtown District Pavement Rehabilitation Project Street Locations
Page 41 of 46
DOWNTOWN DISTRICT PAVEMENT
EXHIBIT
STREET LOCATIONS
DRAWN BY:
DATE:
SCALE:
PAGE NO:1
1"=300'
12/29/2022
R. HAYES
OF 1
LEGEND:
DOWNTOWN DISTRICT PAVEMENT
REHABILITATION SEGMENT
REMOVE AND REPLACE CURB RAMP
INSTALL TRUNCATED DOMES ON
EXISTING CURB RAMP.
PAVEMENT REHABILITATION
EL CAMINO REALENTRADA AVEWEST MALLEAST MALLPALMA AVE
LEWIS AVE
ISOLATED DIGOUTS
TRAFFIC WAYPALMA
LOCATION #1
OLMEDA AVE
CITY
HALL
ATASCADERO
MIDDLE
SCHOOL
CITY ALLEYCITY ALLEY
ITEM NUMBER: A-5
DATE: 07/12/22
ATTACHMENT: 1
Page 42 of 46
ITEM NUMBER: C-1
DATE: 07/12/22
Atascadero City Council
Staff Report – Community Development Department
Objective Design Standards Project Update
RECOMMENDATION:
Council to provide high-level direction on key Objective Design policy items.
BACKGROUND:
The State legislature has made several changes to State housing laws in recent years
to streamline housing approvals. These steps include reducing the amount of discretion
jurisdictions have to deny or provide conditions of approval that reduce the density of
residential and mixed-use projects. Instead, jurisdictions must rely solely on objective
design and development standards.
In 2021, the City of Atascadero released a request for proposals from qualified design
professionals and hired MIG, Inc. to assist the City in developing a set of Objective
Design Standards to help meet State mandates for residential projects including:
SB 330: Housing Crisis Act of 2019/ Housing Accountability Act
SB 35: Streamline Approval Process
This Objective Standards Project (Project) aims to respond to State law by making
changes to the Zoning Ordinance (Title 9) to:
▪ Develop objective standards: Transform subjective design criteria into adopted
objective design standards for multi-family projects
▪ Streamline review processes: Provide more clear and concise guidance to
developers and thus streamline the development review process
This project is designed to address actions included in the City’s 6th Cycle 2021-2028
Housing Element, which included policies designed to streamline housing production,
provide for flexible lot size standards, and ensure high-quality design standards for
residential and mixed-use projects.
Program 3.B: Objective Design Standards
In compliance with SB 330, adopt objective design standards to ensure that the
City can provide local guidance on design and clearly articulate objective design
standards for by-right projects as allowed by state law. Adoption of objective
design standards will facilitate high-quality residential development and
Page 43 of 46
ITEM NUMBER: C-1
DATE: 07/12/22
compliance with state objectives. The objective design standards will ensure
provision of adequate private open space, parking, and architectural features,
consistent with state law. Part of the objective design standards creation process
will include assessing how the standards can be used to encourage a variety of
housing types and limit the size of residential units on multi-family zoned
properties to encourage units that are affordable by design.
Part of this project includes considering amendments to the City’s Subdivision
Regulations and Zoning Standards to allow for Small Lot Subdivision Criteria that can
be used to allow for ownership projects within multi-family zones without having to
create planned developments or airspace condominiums.
Program 3.E: Small Lot Subdivisions
Consider adopting small lot subdivision standards that incorporate specific site
and building development standards (such as parking, height, yard space,
architecture) in exchange for flexible minimum lot sizes. Consider allowing small
lot subdivisions without rezoning. Small lot subdivision standards can eliminate
the need for multi-family planned developments that are currently subject to a
rezoning process. Establishing a set of high-quality standards for each small lot
subdivision, instead of minimum lot size, can save substantial staff time and
applicant costs and would allow for increased creativity with site design while
increasing ownership opportunities for all income segments of the community
(affordable by design)
This small lot subdivision portion of the Project is intended to integrate with objective
design standards but can progress somewhat independently at a later date to align with
the General Plan Update.
Relationship to State Laws
Several State housing laws rely upon objective standards and prohibit the City from
applying discretionary conditions as we would normally develop through the conditional
use permit process.
Housing Accountability Act
The Housing Accountability Act (HAA) (Government Code Section 65589.5)
acknowledges the lack of housing as a critical problem in California. The HAA applies to
"housing development projects" (projects with 2 or more residential units) that meet
objective standards. Housing development projects are defined as one or more of the
following:
1. Multifamily housing projects,
2. Mixed-use developments with at least two-thirds of residential square footage, or
3. Transitional or supportive housing.
The HAA states that a city cannot deny a project, reduce its density, or otherwise make
a project infeasible when the project complies with objective standards.
The exception is when a city makes findings—based on a preponderance of
evidence—that specific adverse health or safety impacts exist, and there is no feasible
method to mitigate or avoid impacts. While a city may make suggestions using
Page 44 of 46
ITEM NUMBER: C-1
DATE: 07/12/22
subjective criteria, it must approve the project even if the applicant refuses to make any
changes. However, if an applicant seeks an exception to an objective standard, the
project is no longer covered by the Housing Accountability Act and a city retains some
discretionary authority (as long as the exception is not associated with a State Density
Bonus request). Decision-makers may then rely on the findings required or criteria for
approval of that specific modification. In such a case, subjective standards and design
guidelines can be used to evaluate the project.
SB 35
Under SB35 (Government Code Section 65913.4), projects that meet certain
requirements may be eligible for a streamlined ministerial review process: The creation
and changes to objective standards would ensure the City has standards that can be
applied to these types of ministerial projects.
What are Objective Design Standards?
Objective design and development standards are simply basic property development
standards such as building design, height, setbacks, public and private open space,
interpretation of density, project amenities and general appearance standards. They are
intended to make the subjective requirements that apply to certain eligible residential
projects more predictable and easier to interpret for all stakeholders, including decision-
makers, staff, applicants, and members of the public. These standards can be applied
to all new multi-unit residential and mixed-use projects and aim to identify the available
development “envelope” or footprint as well as the massing, orientation, and articulation
of the building within this envelope.
What progress have we made so far?
In late 2021, the Objective Design and Small Lot Subdivision Standards Project began
with an internal kickoff meeting, followed by individual interviews with decision-makers,
local developers and design professionals. The interviews helped inform key issues to
be analyzed when developing the standards.
Topics that were discussed included:
• Adoption of a set of basic architectural/design criteria that can help establish
expectations without subjectivity.
• Adjustments to development standards such as parking, site planning,
setbacks and compatibility.
• Adjustments to process to help streamline development review.
• Methods to encourage maximization of property including changes to the way
density is calculated.
• Methods to encourage affordability by design.
From these key topics, the project consultant suggested a broad set of character
defining objectives:
▪ Transitions: Carefully transition older neighborhoods and single-family homes to
medium and higher-density residential.
▪ Tradition: Draw from the town’s original formation and history for design
inspiration.
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ITEM NUMBER: C-1
DATE: 07/12/22
▪ Outdoor Gathering Spaces: Place emphasis on encouraging high-quality spaces
that promote community building and gathering for residents (and know that
trees and shade support that).
▪ Pedestrian Vitality in Downtown: Provide incentives for more pedestrian-friendly
development and active uses in Downtown.
▪ Eclectic: Continue to allow for personality and distinctiveness to support the local
character; avoid cookie-cutter designs and too much consistency.
▪ Streamline: Look for opportunities to streamline the design review and
construction permit process.
At the July 12th Council meeting Staff and the consultant team will make an oral
presentation on the Project, objective design standards, and general character defining
elements in order to receive high-level Council and public input on the following topics:
1. What design characteristics define multifamily housing and neighborhoods in
Atascadero?
2. What are the three most important design elements you think are critical to
ensuring exceptional, high-quality multifamily housing?
3. What other character-defining elements should we consider in addition to the
following?
▪ Transitions
▪ Tradition
▪ Outdoor Gathering Spaces
▪ Pedestrian Vitality in Downtown
▪ Eclectic
▪ Streamline
This will be the first of several public meetings where the Council and public will have
an opportunity to provide input as Objective Design Standards policies are refined and
adopted.
FISCAL IMPACT:
State funding from the Local Early Action Planning (LEAP) and Regional Early Action
Planning (REAP) will assist in the funding of this work effort. Project costs are covered
by these secured grant sources.
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