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HomeMy WebLinkAboutCC_2023_09_26_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA HYBRID MEETING INFORMATION: 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 53 CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, September 26, 2023 City Hall Council Chambers, Fourth Floor 6500 Palma Avenue, Atascadero, California CITY COUNCIL CLOSED SESSION: 1. CLOSED SESSION — PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION — CALL TO ORDER a. Public Employee Performance Evaluation Government Code Sec. 54957 Title: City Manager b. Conference with Real Property Negotiators Government Code Sec. 54956.8 Real Property: 6005 Lewis Avenue (APN 029-332-005 – City Property), 6105 Olmeda Avenue (APN 029-091-001 – State of California Property), Atascadero, California 93422 Agency Negotiator: James R. Lewis, City Manager Negotiating Parties: State of California Subject of Negotiations: Purchase price and/or terms of payment c. Conference with Legal Counsel – Existing Litigation Government Code Sec. 54956.9(d)(1) Name of Case: Sunderland v. City of Atascadero San Luis Obispo Superior Court Case No. 21CVP-0074 d. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Government Code Sec. 54956.9(d)(2): 1 potential case – California Voting Rights Act 4. CLOSED SESSION — ADJOURNMENT 5. COUNCIL RETURNS City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. Page 2 of 53 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. REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Dariz ROLL CALL: Mayor Moreno Mayor Pro Tem Funk Council Member Bourbeau Council Member Dariz Council Member Newsom 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. 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 Minutes – September 12, 2023 ▪ Recommendation: Council approve the September 12, 2023 Draft City Council Regular Meeting Minutes. [City Clerk] 2. August 2023 Accounts Payable and Payroll ▪ Fiscal Impact: $4,184,743.25. ▪ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for August 2023. [Administrative Services] 3. Downtown District Pavement Rehabilitation Project Phase 2 Construction Contract Award ▪ Fiscal Impact: $1,254,513 in Local Transportation Funds for the Base Bid plus Bid Alternate 1. ▪ Recommendation: Council 1. Award a construction contract for $1,254,513 (Base Bid plus Alternate 1) to Souza Construction for Phase 2 of the Downtown District Pavement Rehabilitation Project (Project No. C2021R02[2]); and 2. Authorize the Director of Administrative Services to allocate an additional $407,660 in Local Transportation Funds to the Downtown District Pavement Rehabilitation Project budget; and 3. Authorize staff to include the Traffic Way (Bid Alternate 2) and Olmeda Avenue (Bid Alternate 3) portions of the Downtown District Pavement Page 3 of 53 Rehabilitation Project with the Traffic Way Pavement Rehabilitation (South) Project scheduled for fiscal year 2025-2026 construction. [Public Works] 4. Affordable Housing Development Impact Fee Deferral Policy Resolution Adoption and Second Reading of Ordinance ▪ Fiscal Impact: Approximately $15,000 to $19,000 in combined deferment of impact and wastewater fees for each residential unit. ▪ Recommendation: Council: 1. Adopt Draft Resolution approving a policy to allow deferral of development impact fees and wastewater capacity charges for affordable housing projects in accordance with the City Housing Element Policy; and 2. Adopt on second reading, by title only, Draft Ordinance to amend the Municipal Code, Title 3-14.070, to include the deferral of impact fees for affordable housing projects as an option for payment for impact fees. [Community Development] 5. Sediment and Erosion Control Work for 2023 Pine Mountain Slide ▪ Fiscal Impact: $55,000. ▪ Recommendation: Council authorize the Director of Administrative Services to allocate $55,000 in General Fund Reserves toward Sediment and Erosion Control Work for the 2023 Pine Mountain Slide. [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. Ordinance Regulating Camping in Areas of the City ▪ Fiscal Impact: None. ▪ Recommendation: Council: 1. Adopt Draft Urgency Ordinance A repealing and replacing, in its entirety, Title 5, Chapter 15 (Prohibited Camping) of the Atascadero Municipal Code, to better define prohibited camping on public and private property; regulate storage of personal property on public property; and establish time, manner, and place regulations for camping by necessity; and Page 4 of 53 2. Introduce for first reading, by title only, Draft Ordinance B repealing and replacing, in its entirety, Title 5, Chapter 15 (Prohibited Camping) of the Atascadero Municipal Code, to better define prohibited camping on public and private property; regulate storage of personal property on public property; and establish time, manner, and place regulations for camping by necessity. [Police Department] 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 Funk 1. Atascadero Basin Ground Water Sustainability Agency (GSA) 2. Design Review Committee 3. Homeless Services Oversight Council 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. Community Action Partnership of San Luis Obispo (CAPSLO) 4. Design Review Committee 5. Visit SLO CAL Advisory Committee Council Member Newsom 1. City of Atascadero Finance Committee 2. City / Schools Committee 3. League of California Cities – Council Liaison 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 ADJOURNMENT Page 5 of 53 ITEM NUMBER: A-1 DATE: 09/26/23 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, September 12, 2023 City Hall Council Chambers, Fourth 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, Newsom, Mayor Pro Tem Funk, and Mayor Moreno Absent: None Others Present: Treasurer Sibbach Staff Present: Deputy City Manager/City Clerk Lara Christensen, Administrative Services Director Jeri Rangel, Community Development Director Phil Dunsmore, Fire Chief Casey Bryson, Interim Police Chief Joe Allen, Public Works Director Nick DeBar, City Attorney Karl Berger, and Deputy City Manager – IT Luke Knight. APPROVAL OF AGENDA: MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem Funk 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. A. CONSENT CALENDAR: 1. City Council Draft Minutes – August 8, 2023 Regular Meeting and August 30, 2023 Special Meeting and General Plan Update Workshop City Council Regular Session: 6:00 P.M. Page 6 of 53 ITEM NUMBER: A-1 DATE: 09/26/23 The following persons spoke in-person by telephone or through the webinar: Richard Mullen, Ted Mort, Gary Taylor, Gary Kirkland, and Geoff Auslen. B. PUBLIC HEARINGS: 1. Affordable Housing Development Impact Fee Deferral Policy ▪ Fiscal Impact: Defers $3,000,000 in impact fees and wastewater capacity charges for duration of deferment. ▪ Recommendation: Council: 1. Adopt a resolution approving a policy to allow deferral of development impact fees and wastewater capacity charges for affordable housing projects in accordance with City Housing Element Policy; and 2. Introduce an ordinance to amend the Municipal Code, Title 3-14.070, to include the deferral of impact fees for affordable housing projects as an option for payment for impact fees. [Community Development] Community Development Director Dunsmore gave the report and answered questions from the Council. PUBLIC COMMENT: Page 7 of 53 ▪ Recommendation: Council approve the August 8, 2023 Draft City Council Regular Meeting Minutes and the August 30, 2023 Draft City Council Special Meeting and General Plan Workshop Update Minutes. [City Clerk] 2.July 2023 Accounts Payable and Payroll ▪ Fiscal Impact: $5,826,606.69. ▪ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for July 2023. [Administrative Services] 3. June 2023 Investment Report ▪ Fiscal Impact: None. ▪ Recommendation: Council receive and file the City Treasurer’s report for quarter ending June 30, 2023. [City Treasurer] 4.Equipment Procurement for Sewer Lift Station No. 7 ▪ Fiscal Impact: $108,300 in budgeted wastewater funds. ▪ Recommendation: Council approve the purchase of a Motor Control Center for Sewer Lift Station No. 7 from Tesco Controls, Inc. for $108,300. [Public Works] MOTION: By Council Member Bourbeau and seconded by Council Member Dariz to approve the Consent Calendar (#A-4: Contract No. 2023-030) 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. Mayor Moreno requested a moment of silence for Paso Robles Mayor Steve Martin who passed away on August 15, 2023. COMMUNITY FORUM: ITEM NUMBER: A-1 DATE: 09/26/23 The following persons spoke on this item: Geoff Auslen, Gary Kirkland, and Treasurer Sibbach. Mayor Moreno closed the Public Comment period. MOTION: By Mayor Moreno and seconded by Mayor Pro Tem Funk to introduce an ordinance to amend the Municipal Code, Title 3- 14.070, to include the deferral of impact fees for affordable housing projects as an option for payment for impact fees and bring back at the next meeting, on consent, a resolution approving a policy to allow deferral of development impact fees and wastewater capacity charges for affordable housing projects in accordance with City Housing Element Policy with the following additions: 1. Eligibility only on residentially zoned property unless the City Council makes an exemption 2. Due on sale provision, so long as this would not discount any benefit to developers from receiving the deferral 3. Ensuring reference throughout the policy is to affordable housing units Motion passed 5:0 by a roll-call vote. C. MANAGEMENT REPORTS: None D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: The following Council Members made short announcements and gave brief update reports on their committees since the last Council meeting: Mayor Moreno 1. County Mayors Round Table 2. SLO Regional Transit Authority (RTA) Mayor Pro Tem Funk 1. Homeless Services Oversight Council Council Member Bourbeau 1. Integrated Waste Management Authority (IWMA) Council Member Dariz 1. Design Review Committee Council Member Dariz noted that he will be missing the CAPSLO meeting as he will be attending the League of California Cities Annual Conference September 20-22. Council Member Newsom 1. League of California Cities – Council Liaison Council Member Newsom reported that she will be attending the League of California Cities Annual Conference September 20-22 with Council Member Dariz and Mayor Moreno. Page 8 of 53 ITEM NUMBER: A-1 DATE: 09/26/23 E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURNMENT Mayor Moreno adjourned the meeting at 7:38 p.m. MINUTES PREPARED BY: ______________________________________ Lara K. Christensen City Clerk APPROVED: Page 9 of 53 ITEM NUMBER: A-2 DATE: 09/26/23 Page 10 of 53 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of August 2023 175377 08/01/2023 ANTHEM BLUE CROSS HEALTH 215,734.57Payroll Vendor Payment 175378 08/01/2023 BENEFIT COORDINATORS CORP 9,278.40Payroll Vendor Payment 175379 08/01/2023 FIDELITY SECURITY LIFE INS CO 1,807.42Payroll Vendor Payment 175380 08/01/2023 LINCOLN NATIONAL LIFE INS CO 1,959.19Payroll Vendor Payment 175381 08/02/2023 WEX BANK - 76 UNIVERSL 579.39Accounts Payable Check 175382 08/02/2023 WEX BANK - WEX FLEET UNIVERSAL 467.25Accounts Payable Check 175383 08/02/2023 WEX BANK - 76 UNIVERSL 13,184.52Accounts Payable Check 175384 08/02/2023 WEX BANK - WEX FLEET UNIVERSAL 11,167.96Accounts Payable Check 4845 08/03/2023 ANTHEM BLUE CROSS HSA 8,947.43Payroll Vendor Payment 175385 08/03/2023 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment 175386 08/03/2023 ATASCADERO POLICE OFFICERS 2,249.75Payroll Vendor Payment 175387 08/03/2023 ATASCADERO PROF. FIREFIGHTERS 1,151.80Payroll Vendor Payment 175388 08/03/2023 EMPLOYMENT DEV. DEPARTMENT 3,211.00Accounts Payable Check 175389 08/03/2023 EMPOWER ANNUITY INS CO 8,538.19Payroll Vendor Payment 175390 08/03/2023 IAFF MERP 1,800.00Payroll Vendor Payment 175391 08/03/2023 MISSIONSQUARE 8,759.23Payroll Vendor Payment 175392 08/03/2023 MISSIONSQUARE RETIREMENT 125.00Accounts Payable Check 175393 08/03/2023 NATIONWIDE RETIREMENT SOLUTION 1,495.39Payroll Vendor Payment 175394 08/03/2023 NAVIA BENEFIT SOLUTIONS 1,338.86Payroll Vendor Payment 4846 08/04/2023 STATE DISBURSEMENT UNIT 283.84Payroll Vendor Payment 4847 08/04/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,619.40Payroll Vendor Payment 4848 08/04/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 38,177.47Accounts Payable Check 4849 08/04/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,805.62Accounts Payable Check 4850 08/04/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,726.10Accounts Payable Check 4851 08/04/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,866.70Accounts Payable Check 4852 08/04/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 11,463.89Accounts Payable Check 4853 08/04/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 16,663.87Accounts Payable Check 4854 08/04/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,593.84Accounts Payable Check 4855 08/07/2023 SEIU LOCAL 620 864.30Payroll Vendor Payment 4856 08/08/2023 RABOBANK, N.A. 79,695.33Payroll Vendor Payment 4857 08/08/2023 EMPLOYMENT DEV DEPARTMENT 24,648.66Payroll Vendor Payment 4858 08/08/2023 EMPLOYMENT DEV. DEPARTMENT 2,604.46Payroll Vendor Payment 175395 08/11/2023 13 STARS MEDIA 1,225.00Accounts Payable Check 175396 08/11/2023 ADAMSKI,MOROSKI,MADDEN, 111.00Accounts Payable Check 175397 08/11/2023 ADAMSON POLICE PRODUCTS 691.76Accounts Payable Check 175398 08/11/2023 AT&T 130.50Accounts Payable Check 175399 08/11/2023 ATASCADERO GLASS, INC. 5,000.00Accounts Payable Check 175400 08/11/2023 BLUEPRINTER 44.37Accounts Payable Check 175401 08/11/2023 COOPER BONECK 275.00Accounts Payable Check 175402 08/11/2023 COLOR CRAFT PRINTING 378.94Accounts Payable Check 175403 08/11/2023 DEPARTMENT OF TRANSPORTATION 6,885.12Accounts Payable Check 175404 08/11/2023 ESCUELA DEL RIO 900.00Accounts Payable Check 175405 08/11/2023 FASTRAK VIOLATION PROCESSING D 13.40Accounts Payable Check ITEM NUMBER: A-2 DATE: 09/26/23 ATTACHMENT: 1 Page 11 of 53 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of August 2023 175406 08/11/2023 FIGUEROA'S TIRES 184.88Accounts Payable Check 175407 08/11/2023 FLUID RESOURCE MANAGEMENT,INC. 12,000.00Accounts Payable Check 175408 08/11/2023 GENERAL CODE, LLC 3,061.45Accounts Payable Check 175409 08/11/2023 BENJAMIN P. GOLDMAN 456.88Accounts Payable Check 175410 08/11/2023 GRAINGER 151.02Accounts Payable Check 175411 08/11/2023 HANSEN BRO'S CUSTOM FARMING 17,758.84Accounts Payable Check 175412 08/11/2023 INFORMATION TECHNOLOGY 1,224.89Accounts Payable Check 175413 08/11/2023 JIFFY LUBE 291.04Accounts Payable Check 175414 08/11/2023 LANTERN PRESS 328.62Accounts Payable Check 175415 08/11/2023 LAUGHLIN DEV CO, LLC 560.00Accounts Payable Check 175416 08/11/2023 LEE WILSON ELECTRIC CO. INC 1,428.00Accounts Payable Check 175417 08/11/2023 MARBORG INDUSTRIES 73.05Accounts Payable Check 175418 08/11/2023 MICHAEL K. NUNLEY & ASSC, INC. 148.50Accounts Payable Check 175419 08/11/2023 MIG 18,432.50Accounts Payable Check 175420 08/11/2023 MINER'S ACE HARDWARE 224.83Accounts Payable Check 175421 08/11/2023 PACIFIC CNTRL COAST HLTH CTRS 230.00Accounts Payable Check 175422 08/11/2023 PACIFIC GAS AND ELECTRIC 64.15Accounts Payable Check 175423 08/11/2023 PENGUIN RANDOM HOUSE, LLC 194.61Accounts Payable Check 175424 08/11/2023 PERRY'S PARCEL & GIFT 25.27Accounts Payable Check 175425 08/11/2023 PETTY CASH-FINANCE DEPARTMENT 251.43Accounts Payable Check 175426 08/11/2023 RICK ENGINEERING COMPANY 3,600.00Accounts Payable Check 175427 08/11/2023 SLO CO AUDITOR CONTROLLER 150.00Accounts Payable Check 175428 08/11/2023 U.S. BANK 3,346.00Accounts Payable Check 175429 08/11/2023 VERIZON WIRELESS 3,769.24Accounts Payable Check 175430 08/11/2023 VILLAGE ORIGINALS, INC. 626.65Accounts Payable Check 175431 08/11/2023 WEBB MUNICIPAL FINANCE, LLC 4,500.00Accounts Payable Check 175432 08/11/2023 WEST COAST AUTO & TOWING, INC. 265.00Accounts Payable Check 175433 08/11/2023 YEH AND ASSOCIATES, INC. 45,750.52Accounts Payable Check 175434 08/11/2023 13 STARS MEDIA 39.88Accounts Payable Check 175435 08/11/2023 2 MEXICANS, LLC 4,050.00Accounts Payable Check 175436 08/11/2023 A & T ARBORISTS & VEGETATION 1,780.00Accounts Payable Check 175437 08/11/2023 A.P.S. AUTOMOTIVE 380.10Accounts Payable Check 175438 08/11/2023 AGP VIDEO, INC. 1,522.50Accounts Payable Check 175439 08/11/2023 AKA ENGINEERING COMPANY 1,530.00Accounts Payable Check 175440 08/11/2023 ALL ABOUT EVENTS, INC. 738.95Accounts Payable Check 175441 08/11/2023 ALLIANT INSURANCE SERVICES INC 335.00Accounts Payable Check 175442 08/11/2023 ALLTECH SERVICES, INC. 1,903.52Accounts Payable Check 175443 08/11/2023 ALPHA ELECTRIC SERVICE 790.00Accounts Payable Check 175444 08/11/2023 AMERICAN WEST TIRE & AUTO INC 220.37Accounts Payable Check 175445 08/11/2023 KELLY AREBALO 502.20Accounts Payable Check 175446 08/11/2023 AT&T 805.11Accounts Payable Check 175447 08/11/2023 ATASCADERO GLASS, INC. 1,655.00Accounts Payable Check 175448 08/11/2023 ATASCADERO HAY & FEED 1,396.07Accounts Payable Check ITEM NUMBER: A-2 DATE: 09/26/23 ATTACHMENT: 1 Page 12 of 53 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of August 2023 175450 08/11/2023 ATASCADERO MUTUAL WATER CO. 31,958.68Accounts Payable Check 175451 08/11/2023 BASSETT'S CRICKET RANCH,INC. 213.71Accounts Payable Check 175452 08/11/2023 BAY AREA DRIVING SCHOOL, INC. 69.99Accounts Payable Check 175453 08/11/2023 BELL'S PLUMBING REPAIR, INC. 1,187.00Accounts Payable Check 175454 08/11/2023 BERRY MAN, INC. 1,185.25Accounts Payable Check 175455 08/11/2023 TERRI RECCHIA BLEDSOE 420.00Accounts Payable Check 175456 08/11/2023 BRANCH SMITH PROPERTIES 772.00Accounts Payable Check 175457 08/11/2023 BRENDLER JANITORIAL SERVICE 970.00Accounts Payable Check 175458 08/11/2023 BREZDEN PEST CONTROL, INC. 276.00Accounts Payable Check 175459 08/11/2023 CALIBRE PRESS 359.00Accounts Payable Check 175460 08/11/2023 BRETT CALLOWAY 219.00Accounts Payable Check 175461 08/11/2023 CALPORTLAND COMPANY 546.41Accounts Payable Check 175462 08/11/2023 CHARTER COMMUNICATIONS 1,960.91Accounts Payable Check 175463 08/11/2023 CLEVER CONCEPTS, INC. 84.95Accounts Payable Check 175464 08/11/2023 COASTAL COPY, INC. 339.94Accounts Payable Check 175465 08/11/2023 THE COUNSELING TEAM INTERNATIONAL 30,625.00Accounts Payable Check 175466 08/11/2023 CRISP IMAGING 51.20Accounts Payable Check 175467 08/11/2023 CRYSTAL SPRINGS WATER 20.00Accounts Payable Check 175468 08/11/2023 DESTINY CUELLAR 108.00Accounts Payable Check 175469 08/11/2023 CULLIGAN SANTA MARIA 460.74Accounts Payable Check 175470 08/11/2023 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check 175471 08/11/2023 NICHOLAS DEBAR 300.00Accounts Payable Check 175472 08/11/2023 DEEP BLUE INTEGRATION, INC. 1,018.75Accounts Payable Check 175473 08/11/2023 DELTA LIQUID ENERGY 702.72Accounts Payable Check 175474 08/11/2023 DOOMSDAY SKATE, LLC 792.60Accounts Payable Check 175475 08/11/2023 PHILIP DUNSMORE 300.00Accounts Payable Check 175476 08/11/2023 ESCUELA DEL RIO 780.00Accounts Payable Check 175477 08/11/2023 FERGUSON ENTERPRISES, LLC 3,716.54Accounts Payable Check 175478 08/11/2023 GARRY BRILL PRODUCTIONS 150.00Accounts Payable Check 175479 08/11/2023 GAS COMPANY 313.82Accounts Payable Check 175480 08/11/2023 GENERAL CODE, LLC 4,047.00Accounts Payable Check 175481 08/11/2023 JOSE R. GUADARRAMA 750.00Accounts Payable Check 175482 08/11/2023 HANSEN BRO'S CUSTOM FARMING 3,717.56Accounts Payable Check 175483 08/11/2023 KELLIE K. HART 341.60Accounts Payable Check 175484 08/11/2023 SETH W HUGHES 219.00Accounts Payable Check 175485 08/11/2023 JIFFY LUBE 71.58Accounts Payable Check 175486 08/11/2023 JK'S UNLIMITED, INC. 4,169.09Accounts Payable Check 175487 08/11/2023 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check 175488 08/11/2023 JOEL SWITZER DIESEL REPAIR,INC 472.50Accounts Payable Check 175489 08/11/2023 JAMES R. LEWIS 300.00Accounts Payable Check 175490 08/11/2023 LIFE ASSIST, INC. 844.40Accounts Payable Check 175491 08/11/2023 LINDE GAS & EQUIPMENT INC. 65.64Accounts Payable Check 175492 08/11/2023 MADRONE LANDSCAPES, INC. 385.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 09/26/23 ATTACHMENT: 1 Page 13 of 53 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of August 2023 175493 08/11/2023 MARGARITA ADVENTURES, LLC 840.00Accounts Payable Check 175494 08/11/2023 MCCLATCHY SHARED SERVICES, LLC 1,223.40Accounts Payable Check 175495 08/11/2023 MICHAEL K. NUNLEY & ASSC, INC. 811.64Accounts Payable Check 175496 08/11/2023 MID-COAST MOWER & SAW, INC. 296.58Accounts Payable Check 175497 08/11/2023 MINER'S ACE HARDWARE 400.87Accounts Payable Check 175498 08/11/2023 MATTHEW J. MIRANDA 121.00Accounts Payable Check 175499 08/11/2023 MISSION UNIFORM SERVICE 604.12Accounts Payable Check 175500 08/11/2023 MV TRANSPORTATION, INC. 6,453.56Accounts Payable Check 175501 08/11/2023 KELLYE R. NETZ 89.50Accounts Payable Check 175502 08/11/2023 NORTH COAST ENGINEERING INC. 1,222.50Accounts Payable Check 175503 08/11/2023 ODP BUSINESS SOLUTIONS, LLC 378.83Accounts Payable Check 175504 08/11/2023 PACIFIC CNTRL COAST HLTH CTRS 115.00Accounts Payable Check 175507 08/11/2023 PACIFIC GAS AND ELECTRIC 91,566.69Accounts Payable Check 175508 08/11/2023 PC MECHANICAL, INC. 770.00Accounts Payable Check 175509 08/11/2023 PROCARE JANITORIAL SUPPLY,INC. 1,128.40Accounts Payable Check 175510 08/11/2023 JESSICA QIN 75.00Accounts Payable Check 175511 08/11/2023 RAINSCAPE, A LANDSCAPE SVC CO. 7,242.00Accounts Payable Check 175512 08/11/2023 JERI RANGEL 300.00Accounts Payable Check 175513 08/11/2023 READYREFRESH BY NESTLE 102.23Accounts Payable Check 175514 08/11/2023 ROLSON MUSIC & SOUND 600.00Accounts Payable Check 175515 08/11/2023 SCHAAF & WHEELER 94,549.03Accounts Payable Check 175516 08/11/2023 SCHINDLER ELEVATOR CORP 490.11Accounts Payable Check 175517 08/11/2023 SERVICE SYSTEMS ASSC, INC. 2,500.00Accounts Payable Check 175518 08/11/2023 THE SHERWIN-WILLIAMS COMPANY 190.53Accounts Payable Check 175519 08/11/2023 SPECIALIZED EQUIPMENT REPAIR 8,791.84Accounts Payable Check 175520 08/11/2023 MADELINE M. TAYLOR 354.60Accounts Payable Check 175521 08/11/2023 TEMPLETON UNIFORMS, LLC 62.00Accounts Payable Check 175522 08/11/2023 THOMSON REUTERS - WEST 201.99Accounts Payable Check 175523 08/11/2023 TRAINING INNOVATIONS, INC. 800.00Accounts Payable Check 175524 08/11/2023 U.S. POSTAL SERVICE 3,000.00Accounts Payable Check 175525 08/11/2023 U.S. POSTMASTER 2,200.00Accounts Payable Check 175526 08/11/2023 ULTREX BUSINESS PRODUCTS 47.88Accounts Payable Check 175527 08/11/2023 VINO VICE, INC. 172.00Accounts Payable Check 175528 08/11/2023 WEST COAST AUTO & TOWING, INC. 45.00Accounts Payable Check 175529 08/11/2023 KAREN B. WYKE 899.40Accounts Payable Check 175530 08/11/2023 YOUTH TECH, INC. 1,398.00Accounts Payable Check 175531 08/11/2023 ZOOM IMAGING SOLUTIONS, INC. 986.91Accounts Payable Check 175532 08/15/2023 CASH 800.00Accounts Payable Check 4859 08/17/2023 ANTHEM BLUE CROSS HSA 8,947.43Payroll Vendor Payment 4861 08/17/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,689.93Payroll Vendor Payment 4862 08/17/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 38,156.10Accounts Payable Check 4863 08/17/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,756.82Accounts Payable Check 4864 08/17/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,732.56Accounts Payable Check ITEM NUMBER: A-2 DATE: 09/26/23 ATTACHMENT: 1 Page 14 of 53 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of August 2023 4865 08/17/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,866.70Accounts Payable Check 4866 08/17/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 11,312.35Accounts Payable Check 4867 08/17/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 16,883.55Accounts Payable Check 4868 08/17/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,879.35Accounts Payable Check 4873 08/17/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,800.00Accounts Payable Check 175533 08/17/2023 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment 175534 08/17/2023 ATASCADERO POLICE OFFICERS 2,249.75Payroll Vendor Payment 175535 08/17/2023 ATASCADERO PROF. FIREFIGHTERS 1,151.80Payroll Vendor Payment 175536 08/17/2023 EMPOWER ANNUITY INS CO 8,564.15Payroll Vendor Payment 175537 08/17/2023 IAFF MERP 1,800.00Payroll Vendor Payment 175538 08/17/2023 MISSIONSQUARE 8,677.59Payroll Vendor Payment 175539 08/17/2023 NATIONWIDE RETIREMENT SOLUTION 1,434.96Payroll Vendor Payment 175540 08/17/2023 NAVIA BENEFIT SOLUTIONS 1,338.86Payroll Vendor Payment 4860 08/18/2023 STATE DISBURSEMENT UNIT 283.84Payroll Vendor Payment 4869 08/18/2023 SEIU LOCAL 620 830.29Payroll Vendor Payment 4870 08/22/2023 RABOBANK, N.A. 70,130.88Payroll Vendor Payment 4871 08/22/2023 EMPLOYMENT DEV DEPARTMENT 21,168.24Payroll Vendor Payment 4872 08/22/2023 EMPLOYMENT DEV. DEPARTMENT 2,575.51Payroll Vendor Payment 4876 08/24/2023 BANK OF NEW YORK MELLON 528,266.55Accounts Payable Check 175541 08/25/2023 2 MEXICANS, LLC 1,931.75Accounts Payable Check 175542 08/25/2023 A & F SOUVENIR 790.08Accounts Payable Check 175543 08/25/2023 APPLIED TECHNOLOGY GROUP, INC. 6,651.04Accounts Payable Check 175544 08/25/2023 ATASCADERO HAY & FEED 45.39Accounts Payable Check 175545 08/25/2023 BASSETT'S CRICKET RANCH,INC. 209.36Accounts Payable Check 175546 08/25/2023 BUREAU VERITAS NORTH AMERICA 5,531.25Accounts Payable Check 175547 08/25/2023 BURKE,WILLIAMS, & SORENSON LLP 21,391.36Accounts Payable Check 175548 08/25/2023 CARBON HEALTH MED GROUP OF CA 160.00Accounts Payable Check 175549 08/25/2023 DEEP BLUE INTEGRATION, INC. 2,480.00Accounts Payable Check 175550 08/25/2023 DEPARTMENT OF JUSTICE 343.00Accounts Payable Check 175551 08/25/2023 STEVEN J. ERNST 247.00Accounts Payable Check 175552 08/25/2023 FGL ENVIRONMENTAL 93.00Accounts Payable Check 175553 08/25/2023 RYAN GOUDY 20.00Accounts Payable Check 175554 08/25/2023 CHRISTOPHER HALL 679.00Accounts Payable Check 175555 08/25/2023 ROBERT S HAMMER 160.00Accounts Payable Check 175556 08/25/2023 HART IMPRESSIONS PRINTING 734.63Accounts Payable Check 175557 08/25/2023 HAVEN BLUE SALON 4,250.00Accounts Payable Check 175558 08/25/2023 JACQUELYN N. HAYES 39.00Accounts Payable Check 175559 08/25/2023 RYAN HOFSTETTER 36.72Accounts Payable Check 175561 08/25/2023 HOME DEPOT CREDIT SERVICES 3,101.00Accounts Payable Check 175562 08/25/2023 INTERWEST CONSULTING GROUP INC 1,910.35Accounts Payable Check 175563 08/25/2023 JEFF & TONY'S DSD, LLC 766.32Accounts Payable Check 175564 08/25/2023 KEY TERMITE & PEST CONTROL,INC 555.00Accounts Payable Check 175565 08/25/2023 SHANDI LOCKE 124.38Accounts Payable Check ITEM NUMBER: A-2 DATE: 09/26/23 ATTACHMENT: 1 Page 15 of 53 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of August 2023 175566 08/25/2023 MAINLINE UTILITY CO. 1,000.00Accounts Payable Check 175567 08/25/2023 NIELSEN,MERKSAMER,PARRINELLO, 710.00Accounts Payable Check 175568 08/25/2023 PERRY'S PARCEL & GIFT 293.00Accounts Payable Check 175569 08/25/2023 WARREN PITTENGER 55.00Accounts Payable Check 175570 08/25/2023 JULIA POSMOGA 55.00Accounts Payable Check 175571 08/25/2023 SAMUEL RODRIGUEZ 422.00Accounts Payable Check 175572 08/25/2023 SOUTH COAST EMERGENCY VEH SVC 3,618.56Accounts Payable Check 175574 08/25/2023 U.S. BANK 15,263.16Accounts Payable Check 175575 08/25/2023 YEH AND ASSOCIATES, INC. 1,355.08Accounts Payable Check 175576 08/25/2023 13 STARS MEDIA 398.40Accounts Payable Check 175577 08/25/2023 2 MEXICANS, LLC 1,785.00Accounts Payable Check 175578 08/25/2023 A & T ARBORISTS & VEGETATION 2,400.00Accounts Payable Check 175579 08/25/2023 A SUPERIOR CRANE, LLC 1,300.00Accounts Payable Check 175580 08/25/2023 ADAMSKI,MOROSKI,MADDEN, 296.00Accounts Payable Check 175581 08/25/2023 AGM CALIFORNIA, INC. 1,664.00Accounts Payable Check 175582 08/25/2023 ALL SIGNS AND GRAPHICS, INC. 195.75Accounts Payable Check 175583 08/25/2023 ALLIANT INSURANCE SERVICES INC 185.00Accounts Payable Check 175584 08/25/2023 ALPHA ELECTRIC SERVICE 202.50Accounts Payable Check 175585 08/25/2023 AMERICAN WEST TIRE & AUTO INC 1,938.61Accounts Payable Check 175586 08/25/2023 ANTECH DIAGNOSTICS 153.42Accounts Payable Check 175587 08/25/2023 KELLY AREBALO 248.04Accounts Payable Check 175589 08/25/2023 AT&T 1,077.09Accounts Payable Check 175590 08/25/2023 AT&T 726.78Accounts Payable Check 175591 08/25/2023 ATASCADERO HAY & FEED 1,815.73Accounts Payable Check 175592 08/25/2023 AURORA WORLD, INC. 927.43Accounts Payable Check 175593 08/25/2023 AVILA TRAFFIC SAFETY 393.71Accounts Payable Check 175594 08/25/2023 BASSETT'S CRICKET RANCH,INC. 213.76Accounts Payable Check 175595 08/25/2023 BATTERY SYSTEMS, INC. 127.77Accounts Payable Check 175596 08/25/2023 KEITH R. BERGHER 1,997.50Accounts Payable Check 175597 08/25/2023 BERRY MAN, INC. 854.15Accounts Payable Check 175598 08/25/2023 BILL GAINES AUDIO, INC. 3,043.30Accounts Payable Check 175599 08/25/2023 BOUND TREE MEDICAL, LLC 129.69Accounts Payable Check 175600 08/25/2023 C & N TRACTORS 37.58Accounts Payable Check 175601 08/25/2023 CALIFORNIA JPIA 7,142.00Accounts Payable Check 175602 08/25/2023 CALLYO 2009 CORP. 2,515.92Accounts Payable Check 175603 08/25/2023 CHARTER COMMUNICATIONS 4,326.10Accounts Payable Check 175604 08/25/2023 KAREN A. CLANIN 399.00Accounts Payable Check 175605 08/25/2023 CO OF SAN LUIS OBISPO SART PRG 1,991.00Accounts Payable Check 175606 08/25/2023 COLOR CRAFT PRINTING 1,850.59Accounts Payable Check 175607 08/25/2023 CONSOR NORTH AMERICA, INC. 15,686.67Accounts Payable Check 175608 08/25/2023 CRISP IMAGING 137.24Accounts Payable Check 175609 08/25/2023 DAN BIDDLE PEST CONTROL SERVIC 135.00Accounts Payable Check 175610 08/25/2023 JOE DEBRUIN, PH.D. 360.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 09/26/23 ATTACHMENT: 1 Page 16 of 53 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of August 2023 175611 08/25/2023 DEEP BLUE INTEGRATION, INC. 325.00Accounts Payable Check 175612 08/25/2023 DISTINCTIVE GLASSWARE BRANDING 597.04Accounts Payable Check 175613 08/25/2023 DRIVE CUSTOMS 87.00Accounts Payable Check 175614 08/25/2023 EMI SPORTWEAR 384.70Accounts Payable Check 175615 08/25/2023 ESCROW CLEANING SERVICE 350.00Accounts Payable Check 175616 08/25/2023 LLOYD R. EVANS JR. 2,500.00Accounts Payable Check 175617 08/25/2023 FENCE FACTORY ATASCADERO 2,550.00Accounts Payable Check 175618 08/25/2023 FERRELL'S AUTO REPAIR 1,555.13Accounts Payable Check 175619 08/25/2023 FILIPPIN ENGINEERING, INC. 94,769.14Accounts Payable Check 175620 08/25/2023 RYAN FOSS 380.46Accounts Payable Check 175621 08/25/2023 RYAN GABBARD 128.00Accounts Payable Check 175622 08/25/2023 GAS COMPANY 639.15Accounts Payable Check 175623 08/25/2023 HART IMPRESSIONS PRINTING 1,009.83Accounts Payable Check 175624 08/25/2023 HOME DEPOT CREDIT SERVICES 908.13Accounts Payable Check 175625 08/25/2023 IMPLAN GROUP LLC 2,500.00Accounts Payable Check 175626 08/25/2023 INTEGRATED TACTICAL CONCEPTS 1,700.00Accounts Payable Check 175627 08/25/2023 JULIA IRWIN 67.00Accounts Payable Check 175628 08/25/2023 JOANN HEAD LAND SURVEYING 19,545.14Accounts Payable Check 175629 08/25/2023 KCS DEVELOPMENT, LLC 1,581.46Accounts Payable Check 175630 08/25/2023 BRENDAN P. KELSO 1,671.60Accounts Payable Check 175631 08/25/2023 KNIGHT'S CARPETS & INTERIORS 2,692.00Accounts Payable Check 175632 08/25/2023 KPRL 1230 AM 920.00Accounts Payable Check 175633 08/25/2023 LANTERN PRESS 126.72Accounts Payable Check 175634 08/25/2023 GABRIELLE LINDMEIER 22.27Accounts Payable Check 175635 08/25/2023 SHANDI LOCKE 67.00Accounts Payable Check 175636 08/25/2023 EBONY LUCIEN 240.00Accounts Payable Check 175637 08/25/2023 MARBORG INDUSTRIES 419.63Accounts Payable Check 175638 08/25/2023 MARGARITA ADVENTURES, LLC 945.00Accounts Payable Check 175639 08/25/2023 MARTIN MARIETTA MATERIALS, INC 3,014.61Accounts Payable Check 175640 08/25/2023 WADE MCKINNEY 486.51Accounts Payable Check 175641 08/25/2023 MID-COAST MOWER & SAW, INC. 1,031.60Accounts Payable Check 175642 08/25/2023 MIG 22,708.00Accounts Payable Check 175643 08/25/2023 MILLER EVENT MANAGEMENT, INC. 1,000.00Accounts Payable Check 175644 08/25/2023 MINER'S ACE HARDWARE 115.61Accounts Payable Check 175645 08/25/2023 MISSION UNIFORM SERVICE 216.91Accounts Payable Check 175646 08/25/2023 NATURE PLANET, INC. 129.60Accounts Payable Check 175647 08/25/2023 KELLYE R. NETZ 149.00Accounts Payable Check 175648 08/25/2023 NIELSEN,MERKSAMER,PARRINELLO, 923.00Accounts Payable Check 175649 08/25/2023 MARC NOBRIGA 128.00Accounts Payable Check 175650 08/25/2023 OAKWOOD ENRICHMENT ACADEMY LLC 5.00Accounts Payable Check 175651 08/25/2023 PASO ROBLES ICE COMPANY 885.00Accounts Payable Check 175652 08/25/2023 PEAKWIFI, LLC 650.00Accounts Payable Check 175653 08/25/2023 PERRY'S ELECTRIC MOTORS & CTRL 7,253.85Accounts Payable Check ITEM NUMBER: A-2 DATE: 09/26/23 ATTACHMENT: 1 Page 17 of 53 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of August 2023 175654 08/25/2023 PERRY'S PARCEL & GIFT 19.32Accounts Payable Check 175655 08/25/2023 PROCARE JANITORIAL SUPPLY,INC. 1,415.91Accounts Payable Check 175656 08/25/2023 RAINSCAPE, A LANDSCAPE SVC CO. 880.00Accounts Payable Check 175657 08/25/2023 RECOGNITION WORKS 6.53Accounts Payable Check 175658 08/25/2023 DEBI RED 750.00Accounts Payable Check 175659 08/25/2023 ROLSON MUSIC & SOUND 1,725.00Accounts Payable Check 175660 08/25/2023 SAM'S TREE 805, INC. 6,900.00Accounts Payable Check 175661 08/25/2023 THE SHERWIN-WILLIAMS COMPANY 190.12Accounts Payable Check 175662 08/25/2023 SHI INTERNATIONAL CORP. 68.96Accounts Payable Check 175663 08/25/2023 JOHN C. SIEMENS 1,344.00Accounts Payable Check 175664 08/25/2023 SLO CO AIR POLLUTION CTRL DIST 291.33Accounts Payable Check 175665 08/25/2023 SLOCOG 5,429.00Accounts Payable Check 175666 08/25/2023 SOUTH COAST EMERGENCY VEH SVC 1,215.24Accounts Payable Check 175667 08/25/2023 SOUZA CONSTRUCTION, INC. 714,842.67Accounts Payable Check 175668 08/25/2023 SPEAKWRITE, LLC. 23.99Accounts Payable Check 175669 08/25/2023 SWANK MOTION PICTURES, INC. 2,670.00Accounts Payable Check 175670 08/25/2023 SWCA, INC. 3,452.25Accounts Payable Check 175671 08/25/2023 RODOLFO B. TORRES 750.00Accounts Payable Check 175676 08/25/2023 U.S. BANK 28,144.93Accounts Payable Check 175677 08/25/2023 VERDIN 10,566.20Accounts Payable Check 175678 08/25/2023 VINO VICE, INC. 172.00Accounts Payable Check 175679 08/25/2023 VISIT SLO CAL 5,000.00Accounts Payable Check 175680 08/25/2023 TED E. WATERHOUSE 400.00Accounts Payable Check 175681 08/25/2023 WHITLOCK & WEINBERGER TRANS. 150.00Accounts Payable Check 175682 08/25/2023 YOUTH EVOLUTION SOCCER 2,772.00Accounts Payable Check 4877 08/31/2023 ANTHEM BLUE CROSS HSA 8,947.43Payroll Vendor Payment 175683 08/31/2023 ATASCADERO PROF. FIREFIGHTERS 1,151.80Payroll Vendor Payment 175684 08/31/2023 EMPOWER ANNUITY INS CO 7,896.40Payroll Vendor Payment 175685 08/31/2023 IAFF MERP 1,800.00Payroll Vendor Payment 175686 08/31/2023 MISSIONSQUARE 8,571.34Payroll Vendor Payment 175687 08/31/2023 NATIONWIDE RETIREMENT SOLUTION 1,698.18Payroll Vendor Payment $2,920,272.24 ITEM NUMBER: A-2 DATE: 09/26/23 ATTACHMENT: 1 Page 18 of 53 ITEM NUMBER: A-3 DATE: 09/26/23 Atascadero City Council Staff Report – Public Works Department Downtown District Pavement Rehabilitation Project Phase 2 Construction Contract Award RECOMMENDATIONS: Council: 1. Award a construction contract for $1,254,513 (Base Bid plus Bid Alternate 1) to Souza Construction for Phase 2 of the Downtown District Pavement Rehabilitation Project (Project No. C2021R02[2]); and 2. Authorize the Director of Administrative Services to allocate an additional $407,660 in Local Transportation Funds to the Downtown District Pavement Rehabilitation Project budget; and 3. Authorize staff to include the Traffic Way (Bid Alternate 2) and Olmeda Avenue (Bid Alternate 3) portions of the Downtown District Pavement Rehabilitation Project with the Traffic Way Pavement Rehabilitation (South) Project scheduled for fiscal year 2025-2026 construction. 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. Project work includes asphalt pavement repairs and rehabilitation, as well as concrete repairs to curbs and gutters, and reconstruction of fifteen sidewalk ramps to bring to current ADA standards. The project was publicly bid in May 2023 but only one bid was received at the June 8, 2023 bid opening from Papich Construction Company for $3,371,786; which far exceeded the engineer’s estimate of $1,368,000. Staff recommended that Council reject Papich’s bid and allow staff to evaluate and implement measures to reduce project costs and resolicit construction bids. Council approved staff’s recommendation on June 27, 2023 and the project was split into two projects that include concrete improvements (Phase 1) and asphalt pavement rehabilitation (Phase 2). This approach was expected to lower project bid prices and allowed for additional value engineering. Page 19 of 53 ITEM NUMBER: A-3 DATE: 09/26/23 The following table includes the roads as part of this project, and a map is also attached to this report. 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 PCIs shown. ** Estimated. Not included in 2019 Pavement Assessment. Analysis Phase 1 was rebid first and the Council awarded a construction contract to G. Sosa Construction of Santa Maria for $530,475 on August 30, 2023. This bid price was approximately $215,000 lower than the corresponding concrete bid prices submitted with Papich Construction’s bid proposal that Council rejected. The Phase 2 bid form was broken into a Base Bid and three Additive Bid Alternates due to concerns with current bid prices and budgetary constraints. The Base Bid included all streets in the downtown core, with the periphery roadways of Traffic Way, Olmeda Avenue, and Palma Avenue (West) included as Additive Bid Alternates. The Bid Alternates were identified as likely candidates to be included either on other projects (Traffic Way and Palma Avenue West) or as part of frontage improvements for future projects (Olmeda Avenue). The bid package was written so that the award of the project would be based upon the lowest Base Bid but also allow the City to award none, any, or all bid alternates at the sole discretion of Council. The Phase 2 project was publicly bid starting August 11, 2023 for a minimum of 30 days in accordance with State Contracting Laws and Atascadero Purchasing Policy. A public bid opening occurred on September 14, 2023 and three bids were received ranging from $1,190,998 to $1,641,346 for the Base Bid schedule. The bids were reviewed for accuracy and compliance with project bidding requirements, and the City Engineer has determined that Souza Construction of San Luis Obispo is the lowest responsive bidder with a Base Bid price of $1,190,998. Souza’s Base Bid and Additive Bid Alternate prices are summarized as follows: Page 20 of 53 ITEM NUMBER: A-3 DATE: 09/26/23 Bid Schedule Bid Price__ Road Segments Included Base Bid: $1,190,998 Entrada Ave, West Mall, Lewis Ave, Palma Ave, East Mall, City Alleys #1-3 Bid Alternate 1: $ 63,515 Palma Avenue (West) at Traffic Way Bid Alternate 2: $ 235,817 Traffic Way (ECR to Tunitas Ave.) Bid Alternate 3: $ 86,153 Olmeda Avenue (Traffic Way to W. Mall) Total: $1,576,483 Staff has reviewed bid proposals and believe that pricing is competitive and Souza Construction’s bid is considered reasonable for this project. Bid prices for asphalt pavement work remain high given the rapid recent escalation of construction costs starting over the last several years, particularly due to an abundance of work resulting from 2023 winter storm repairs. It appears that splitting the project into two phases has resulted in significant savings to the City. Phase 1 and 2 bids total $2,106,958 (all bid schedules combined), which is $1,264,828 less than Papich Construction’s original bid of $3,371,786 that was rejected by Council. Awarding the Base Bid and all three Bid Alternates for Phase 2 work with a 10% contingency would total $1,735,000, which would require $762,660 in additional budget allocations to the combined Phase 1 and 2 project costs. Awarding only the Base Bid work with a 10% contingency would total $1,310,000 and requires $337,660 in additional budget allocations. A discussion of each Bid Alternate follows below: Bid Alternate 1: Palma Ave (West) at Traffic Way ($70,000 with 10% contingency) This bid alternate involves widening Palma Avenue at the west intersection with Traffic Way to accommodate parking along the Artery and Haircut Shop businesses. This section of Palma Avenue between Traffic Way and Rosario Avenue is included with the 2023 F-14 Project that is currently under construction. This work requires a temporary construction easement from Starna Cells to complete the work, which staff has already obtained, and there have been steady complaints from a nearby business since adjacent parking was removed in 2019. Bid Alternate 2: Traffic Way from ECR to Tunitas Ave ($260,000 with 10% contingency) This bid alternate involves microsurfacing Traffic Way from El Camino Real to Palma Avenue and a mill and overlay from Palma Avenue to Tunitas Avenue (CPCC entrance). This bid alternate work could more efficiently be included with the Traffic Way Pavement Rehabilitation (South) project that is scheduled for construction in fiscal year 2025-2026, which involves the section of Traffic Way between Tunitas Avenue and San Jacinto Avenue). Bid Alternate 3: Olmeda Ave from Traffic Way to West Mall ($95,000 with 10% contingency) This bid alternate involves a mill and overlay of Olmeda Avenue. This is the same pavement rehabilitation treatment as Traffic Way at Olmeda and could also be included with the Traffic Way Pavement Rehabilitation (South) project mentioned above. Recommendation Staff recommends that Council award the Base Bid and Bid Alternate 1 to Souza Construction for Phase 2 of the Downtown Paving Project. Since this bid alternate involves work on the same section of Palma Avenue that is under current contract with Page 21 of 53 ITEM NUMBER: A-3 DATE: 09/26/23 Souza Construction, it is reasonable and logical to perform this work cooperatively. This will require an additional funding allocation of $70,000 to the project budget. Staff further recommends that bid alternate work on Traffic Way (ECR to Tunitas) and Olmeda Avenue (Traffic Way to West Mall) be delayed and incorporated into the Traffic Way Pavement Rehabilitation (South) project. This future project begins at the north extents of the section of Traffic Way included in Bid Alternate 2. In addition, Olmeda Avenue connects to the section of Traffic Way that is featured in Bid Alternate 2 and has the same mill and overlay pavement treatment. During construction, some inconvenience is expected to vehicular and pedestrian traffic along the roadway segments. Staff has been working closely with downtown business owners and residents and will continue with a robust public information effort throughout the duration of this project. Several measures were taken during the design to minimize impacts, including language in the project specifications that requires specific roadway segments be completed first, prior to November 15. Additionally, working hours will be restricted on portions of East Mall, West Mall, Lewis Avenue, and Traffic Way during school drop off and pickup, and City staff is working closely with Atascadero Unified School District personnel to keep parents and teachers notified of construction status. Souza Construction will be required to prepare a traffic control plan, and City staff and the contracted construction manager will work with the contractor to minimize travel delays and impediments to property access on all roadway segments. Souza Construction is also currently contracted and working on the 2023 F-14 Pavement Rehabilitation Project with the same Construction Manager (Cannon) for both projects, which provides excellent efficiency for project coordination and communication. ENVIRONMENTAL REVIEW: The proposed project is Categorically Exempt (Class 1) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) pursuant to CEQA Guidelines Section 15301, because it is limited to repair and maintenance of existing facilities. A finding of exemption is on file in the project records. FISCAL IMPACT: Award of a construction contract to Souza for the Base Bid plus Bid Alternate 1 would result in the expenditure of approximately $1,254,513 in Local Transportation Funds. Projected expenditures and sources are found in the following table. ESTIMATED EXPENDITURES Design and Bid Phase $ 225,000 Construction Contract – Phase 1 530,475 Construction Contingency – Phase 1 @ 10% * 53,050 Survey Monument Perpetuation 10,500 Construction Contract – Phase 2 (Base Bid + Bid Alt. 1) 1,254,513 Construction Contingency – Phase 2 @ 10% * 125,487 Construction Inspection / Testing / Administration @ 15% 210,975 Total: $ 2,410,000 Page 22 of 53 ITEM NUMBER: A-3 DATE: 09/26/23 PROPOSED FUNDING Local Transportation Funds (Budgeted) $ 2,002,340 Local Transportation Funds (Additional Allocation) * 407,660 Total: $ 2,410,000 *Additional allocation needed without construction contingencies is $229,123. ALTERNATIVES: 1. Council has the option of awarding only the Base Bid or may include one or more bid alternates to the project award. If additional bid alternates are awarded, this would require additional funding allocation to the project budget. 2. Council may cancel the project or direct staff to rebid the project. Staff does not recommend this alternative, as the bid prices received for both the Base Bid and Bid Alternates are considered very reasonable, and staff does not expect that rebidding the project would result in lower costs at this time. ATTACHMENTS: 1. Project Location Map 2. Bid Summary Page 23 of 53 DOWNTOWN DISTRICT PAVEMENT EXHIBIT WORK LOCATIONS SCALE: PAGE NO:1 1"=300' OF 1 PHASE 1 WORK: REMOVE AND REPLACE CURB RAMP REPLACE CURB & GUTTER PAVEMENT REHABILITATION EL CAMINO REALENTRADA AVEWEST MALLEAST MALLPALMA AVE LEWIS AVETRAFFIC WAY(BID ALT. 2)OLMEDA AVE (BID ALT. 3) CITY HALL ATASCADERO MIDDLE SCHOOL CITY ALLEY #1CITY ALLEY #2 PHASE 2 WORK: PAVEMENT REHABILITATION SEGMENT - RECOMMENDED AWARD PALMA AVE WEST (BID ALT. 1) CITY ALLEY #3 PAVEMENT REHABILITATION BID ALTERNATE SEGMENT - RECOMMENDED TO POSTPONE ITEM NUMBER: A-3 DATE: 09/26/23 ATTACHMENT: 1 Page 24 of 53 ITEM NUMBER: A-3 DATE: 09/26/23ATTACHMENT: 2 Page 25 of 53 ITEM NUMBER: A-4 DATE: 09/26/23 Atascadero City Council Staff Report – Community Development Department Affordable Housing Development Impact Fee Deferral Policy Resolution Adoption and Second Reading of Ordinance RECOMMENDATIONS: Council: 1. Adopt Draft Resolution approving a policy to allow deferral of development impact fees and wastewater capacity charges for affordable housing projects in accordance with the City Housing Element Policy; and 2. Adopt on second reading, by title only, Draft Ordinance to amend the Municipal Code, Title 3-14.070, to include the deferral of impact fees for affordable housing projects as an option for payment for impact fees. DISCUSSION: On September 12, 2023, the City Council authorized a policy and Municipal Code amendments that would allow for the deferral of development impact fees for affordable housing projects consistent with General Plan Housing Element Program 2.E. Council also introduced an ordinance amending Title 3 of the Municipal Code to address the deferment potential. Analysis: The program allows the deferment of development impact fees, including wastewater capacity charges, for residential units that are in the low, very low, and extremely low- income categories. The deferment shall only apply to residential development projects that include five or more rental residential units that are deed restricted as affordable for 55 years or more in accordance with State Density Bonus affordability requirements. Residential dwelling units shall be eligible for a deferment of development impact fees in accordance with the following: 1. Project shall consist of five (5) or more affordable residential units (low, very low, or extremely low). 2. Only residential units that are rental units and are deed restricted as affordable to residents that qualify as low, very low, or extremely low-income categories shall Page 26 of 53 ITEM NUMBER: A-4 DATE: 09/26/23 be eligible for impact fee deferment. Deed restriction shall be for a term of 55 years or greater. 3. Deferments shall only apply to new residential development constructed with City approved construction permits within zoning that allows for residential uses in accordance with the City’s General Plan and Zoning, unless otherwise approved by City Council. 4. The deferment shall be requested prior to issuance of construction permits and may only be granted following recordation of affordability covenants. 5. Project must record a deed restriction for affordability, subject to City terms, in conjunction with or prior to recordation of deferral agreement. 6. Development Impact Fees, including wastewater capacity charges, shall be eligible for deferment. 7. All development impact fees and all accrued interest shall be payable in full at the earlier of 1) upon completion of year 17, or 2) the sale of the property or conversion to condominium units. 8. Deferment agreements shall be approved by City Council. 9. The simple interest rate shall be calculated as of the date of the request for deferral to the City, and shall be the City’s investment return as presented in the most recently Council adopted quarterly Treasurer’s Report, plus 1%. Municipal Code Amendment: Amendments to Title 3-14.070 are as follows: 3-14.070 Issuance of regulations and setting of fees. The City Council shall from time to time by resolution, issue regulations and set fees for the administration of this chapter. Any regulations adopted pursuant to this code shall require the payment of any impact fees due shall to be paid upon final inspection of the property and before occupancy unless an agreement to defer impact fees has been approved by the City for residential units that are affordable to low, very low, and/or extremely low households. CONCLUSION: Adoption of the policy would implement General Plan Housing Element policy and allow for the City to defer development impact fees for affordable housing in concurrence with Council approval. FISCAL IMPACT: The deferral of impact fees will delay the necessary contributions to the City’s impact fees, thereby reducing the amount of available funding for projects. This could result in projects being delayed over time and costing more when they are actually initiated. Additionally, implementation of the program will result in the need for additional staff time. Combined deferred impact and wastewater fees range from about $15,000 to $19,000 per unit, depending on the type of the residential unit. Page 27 of 53 ITEM NUMBER: A-4 DATE: 09/26/23 ATTACHMENT: 1. Resolution Adopting an Impact Fee Deferment Policy for Affordable Housing 2. Ordinance amending Title 3 Page 28 of 53 ITEM NUMBER: A-4 DATE: ATTACHMENT: 09/26/23 1 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A POLICY TO ALLOW FOR THE DEFERMENT OF DEVELOPMENT IMPACT FEES FOR RESIDENTIAL UNITS THAT ARE DEED RESTRICTED FOR AFFORDABILITY WHEREAS, the City’s Housing Element Policies require that the City incentivize the development of housing that is affordable to all income levels; and WHEREAS, developers of affordable housing projects within our region need a fee deferral in order to support grant scoring and opportunities for affordable housing; and WHEREAS, a deferment program is a proven method to incentivize the development of affordable housing and will aid in meeting state Regional Housing Allocation numbers; and WHEREAS, on April 25, 2023, the City Council reviewed a draft program to allow for the deferment of development impact fees for qualifying residential projects and advised staff to return with a policy and municipal code amendments to allow the City to defer impact fees based on specific guidelines; and WHEREAS, the City Council reviewed policy and municipal code amendments at a regular hearing on September 12, 2023 and suggested minor changes to the policy; and WHEREAS, the City Council reviewed a revised deferment policy at a regular hearing on September 26, 2023. 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. A fee deferral program detailed in Exhibit A, attached hereto and incorporated herein, allowing for a long-term loan for 17 years based upon simple interest and repayable at the conclusion of 17 years or upon sale of the property, is hereby approved to allow for a deferment in exchange for the development of low, very low, and extremely low income affordable dwelling units that are deed restricted as affordable for a term of 55 years or greater. SECTION 3. The simple interest rate shall be calculated as of the date of the request for deferral to the City, and shall be the City’s investment return as presented in the most recently Council adopted quarterly Treasurer’s Report, plus 1%. Page 29 of 53 ITEM NUMBER: A-4 DATE: ATTACHMENT: 09/26/23 1 PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of September, 2023. 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: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 30 of 53 ITEM NUMBER: A-4 DATE: ATTACHMENT: 09/26/23 1A Exhibit A Fee Deferment Policy for Affordable Housing Units Residential dwelling units may be eligible for a deferment of Development Impact fees, subject to City Council approval, in accordance with the following: 1. Project shall include a minimum off five (5) or more residential units that are affordable to residents within the low, very low, or extremely low-income categories and deed restricted as such. 2. Only rental residential units that are deed restricted as affordable to residents that qualify as low, very low, or extremely low-income categories in accordance with the Affordable Housing Standards published by the County of San Luis Obispo shall be eligible for impact fee deferment. Deed restriction shall be for a term of 55 years or greater. 3. Deferments shall only apply to rental residential development constructed with City approved construction permits within zoning that allows for residential uses in accordance with the City’s General Plan and Zoning, unless otherwise approved by City Council. 4. The deferment shall be requested prior to issuance of construction permits and may only be granted following recordation of affordability covenants. 5. Project must record a deed restriction for affordability, subject to City terms, in conjunction with or prior to recordation of deferral agreement. 6. Development Impact Fees, including wastewater capacity charges, shall be eligible for deferment. 7. Construction plan check fees and associated permit fees shall not be eligible for deferment. 8. Units that are converted to “for sale” units or that are sold prior to the completion of the deferment term shall no longer be eligible for deferment and all applicable development impact fees and wastewater capacity charges shall be due prior to close of escrow. 9. Deferment agreements shall be approved by City Council. Fee Deferment Terms The deferral shall be for a term of 17 years. The simple interest rate shall be calculated as of the date of the request for deferral to the City, and shall be the City’s investment return as presented in the most recently Council adopted quarterly Treasurer’s Report, plus 1%.The deferred fees plus all accrued interest shall be payable in full at the earlier of 1) the completion of year 17, or 2) the sale of the property or conversion to condominium units. All fee deferments shall be subject to a City Loan Agreement and recordation of applicable covenants. Page 31 of 53 ITEM NUMBER: A-4 DATE: ATTACHMENT: 09/26/23 2 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 3-14.070 TO ALLOW FOR DEVELOPMENT IMPACT FEE DEFERMENTS FOR AFFORDABLE HOUSING WHEREAS, it is the desire and intent of the State of California to incentivize the production of housing that is affordable to multiple income levels; and WHEREAS, the City’s Housing Element provides policies that ask the City to adopt incentives to facilitate the production of housing; and WHEREAS, the City’s Housing Element Program 2.E asks the City to adopt a development impact fee deferral program that can be applied to housing units that are affordable to lower-income households; and WHEREAS, the deferral of development impact fees should be identified in the City’s Municipal Code as an option to the payment of fees for deed-restricted affordable housing units; and WHEREAS, the City Council of the City of Atascadero studied and considered the proposed Municipal Code text amendments at a duly noticed Public Hearing held on September 12, 2023, at which hearing evidence, oral and documentary, was admitted on behalf of said amendments; and WHEREAS, the City Council of the City of Atascadero held a second reading on the draft ordinance on September 26, 2023. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular session assembled on September 26, 2023, resolved to introduce for second reading by title only, an Ordinance that amends Title 3, Chapter 14.070, of the City of Atascadero Municipal Code as detailed in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 3. CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code is a statutorily exempt activity. SECTION 4. Approval. Title 3 (Finance), Chapter 14.070 (Development Impact Fee Ordinance, Issuance of Regulations and Setting of Fees) of the Atascadero Municipal Code is amended as detailed in Exhibit A, attached hereto and incorporated herein by this reference. Page 32 of 53 ITEM NUMBER: A-4 DATE: ATTACHMENT: 09/26/23 2 SECTION 5. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 6. Preservation. Repealing of any provision of the Atascadero Municipal Code or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 7. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such previous Atascadero Municipal Code provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 8. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 9. Notice. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances, make a note of the passage and adoption in the records of this meeting and within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 10. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. INTRODUCED at a regular meeting of the City Council held on ____, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on _________. CITY OF ATASCADERO: ______________________ Heather Moreno, Mayor ATTEST: __________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: _______________________________________ Brian A. Pierik, City Attorney Page 33 of 53 ITEM NUMBER: A-4 DATE: ATTACHMENT: 09/26/23 2A Exhibit A 3-14.070 Issuance of regulations and setting of fees. The City Council shall from time to time by resolution, issue regulations and set fees for the administration of this chapter. Any regulations adopted pursuant to this code shall require the payment of any impact fees due to be paid upon final inspection of the property and before occupancy unless an agreement to defer impact fees has been approved by the City for residential units that are affordable to low, very low, and/or extremely low households. Page 34 of 53 ITEM NUMBER: A-5 DATE: 09/26/23 Atascadero City Council Staff Report - Public Works Department Sediment and Erosion Control Work for 2023 Pine Mountain Slide RECOMMENDATION: Council authorize the Director of Administrative Services to allocate $55,000 in General Fund Reserves toward Sediment and Erosion Control Work for the 2023 Pine Mountain Slide. DISCUSSION: Background: As result of the January 2023 storms, heavy rains and soil saturation led to a landslide on a City-owned parcel on the south facing slope of Pine Mountain, directly above the property at 5360 Maleza Avenue. A debris flow of water, soil, and rock was created from the slide that moved down gradient and deposited material onto the 5360 Maleza Avenue property. The property owners were proactive with the debris flow and were able to route runoff from the slide around their home, resulting in limited damage impacts to their property. There has been some revegetation that has been observed on the slide, however, most of the slide remains exposed and is vulnerable to additional erosion and sediment movement with future heavy rainfalls. Staff has prepared an erosion and sediment control plan that includes seeding and jute net (natural woven fiber erosion control blanket) installation on the exposed landslide scar, grading and placement of a rock dissipator basin at the toe of the slope, and light grading of the existing runoff diversion trenches that divert runoff around the principal structure at 5360 Maleza Avenue. A photo of the slide and over-view of the sediment and erosion control plan is shown below. Page 35 of 53 ITEM NUMBER: A-5 DATE: 09/26/23 Slide viewed from Pinal Ave Slide Location Page 36 of 53 ITEM NUMBER: A-5 DATE: 09/26/23 Analysis Pursuant to Section VI (Public Projects) of the City Purchasing Policy, for projects between $30,000 and $60,000, no public bid is required and the project may be awarded to a contractor by the City Manager or Director of Administrative Services at the recommendation of the Department Head. Due to excellent and timely work completed by Porter Construction, Inc. on recent emergency projects, City staff met with the contractor onsite and requested a scope and fee proposal. Staff reviewed the cost estimate and found it to be reasonable given the difficulty of delivering materials and equipment to the site, labor required for installation on a steep hillside, and tight site constraints. ENVIRONMENTAL REVIEW: The proposed project is Exempt from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) pursuant to CEQA Guidelines Section 21080(b)(4) and 21080(b)(5), because it is a project undertaken by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 of Division 1 of Title 2 of the Government Code, and is a specific action necessary to prevent or mitigate an emergency. FISCAL IMPACT: The fiscal impact of this action is the expenditure of up to $55,000 in unbudgeted general funds. ESTIMATED EXPENDITURES Construction Contract 39,710 Construction Contingency @ 20% 7,940 Construction Inspection / Administration @ 18% 7,350 Total Estimated City Expenditures: $ 55,000 BUDGETED FUNDING SOURCES Unbudgeted General Funds $55,000 Total Budgeted Funding Sources: $55,000 ALTERNATIVES: Council may cancel this work or direct staff to seek additional quotes. Staff does not recommend any alternatives, as timely completion of the work is necessary and it is not expected that a lower bid would be received. Page 37 of 53 ITEM NUMBER: C-1 DATE: 09/26/23 Atascadero City Council Staff Report – Police Department Ordinance Regulating Camping in Areas of the City (AMC Title 5, Chapter 15) RECOMMENDATIONS: Council: 1. Adopt Draft Urgency Ordinance A repealing and replacing, in its entirety, Title 5, Chapter 15 (Prohibited Camping) of the Atascadero Municipal Code, to better define prohibited camping on public and private property; regulate storage of personal property on public property; and establish time, manner, and place regulations for camping by necessity; and 2. Introduce for first reading, by title only, Draft Ordinance B repealing and replacing, in its entirety, Title 5, Chapter 15 (Prohibited Camping) of the Atascadero Municipal Code, to better define prohibited camping on public and private property; regulate storage of personal property on public property; and establish time, manner, and place regulations for camping by necessity. DISCUSSION: Homelessness as a result of housing affordability and other issues continues to be a significant challenge not only in the City of Atascadero but throughout the entire county and state. The City has undertaken extensive efforts to support established shelter spaces in the City, partner with agencies to provide and offer services to unhoused residents, and engage in encampment cleanups to address both the needs of homeless individuals along with overall community health and safety. In spite of legislation and court decisions over the past several years, the City recognizes the importance of addressing this challenge, and continues to look for ways to balance the needs of connecting the unhoused population to services while attending to the expectations of the community at large. Council originally adopted a “Prohibited Camping Ordinance” in 2013 to address camping on public property. The United States Ninth Circuit Court of Appeals decisions in Martin v. Boise and Johnson v. City of Grants Pass, combined with voter-approved ballot measures and state legislation, have severely limited the City’s ability to take Page 38 of 53 ITEM NUMBER: C-1 DATE: 09/26/23 enforcement action for violation of the City’s Prohibited Camping Ordinance. While legislative and court decisions have legally shifted the City’s opportunity to respond, City staff remains committed to using the tools available to ensure we are helping get services for those who are willing to receive them, while taking swift enforcement action as appropriate towards those who are demonstrating criminal behavior. In response to the Boise and Grants Pass decisions, staff researched many communities’ recently adopted ordinances prohibiting camping to assist in developing an updated ordinance that meets the health and safety needs of all residents in the community (housed and unhoused), as well as complies with these Ninth Circuit Court of Appeals decisions. The proposed draft ordinance was developed to: 1. Regulate the time, place, and manner of camping on public and private property given enforcement limitations where there is insufficient shelter space for homeless individuals in the community; and 2. Regulate vehicle habitation on public property and rights-of-way, vehicle camping on private property, and camping on public property. The proposed Ordinance is the product of a lengthy collaboration of many different City departments including the City Manager’s Office, City Attorney, Police, Public Works, and Community Development Departments. Additionally, the City has received numerous complaints from, and appeals to address camping throughout the City by, residents impacted by campers in their residential neighborhoods, local businesses and places of worship expressing health and safety concerns due to encampments encroaching near and or on their properties, and the Atascadero Unified School District to address camping in and around school properties. The Atascadero Mutual Water Company, concerned with pollution of the City’s water source caused by human waste contamination as a result of camping in and around waterways, recently appealed to the City to prohibit camping near Atascadero Creek, Graves Creek, and the Salinas River. Overall, the draft ordinance sets forth standards for camping and sheltering on City rights-of-way and public and private property. These standards seek to address public peace, health, and safety issues such as fire risk, unsanitary conditions, and trash; public safety hazards to people camping, businesses, visitors, and community members; and environmental degradation, which have occurred with long-term camping in the City. The ordinance clearly defines camping and when and where camping by necessity is not permitted, as well as defines unlawful storage of personal property on public property and the process for notification for abatement of stored property. Further, the ordinance provides distinctive parameters that can be easily explained to those who are currently unhoused. It is the City’s intention to continue to respond compassionately with a multi-disciplinary team to address the needs of the homeless population with the goal being to connect the unhoused to services and housing. The updated Ordinance will provide City staff with additional tools necessary to address these public peace, health, and safety issues more readily while keeping within the law. Staff recommends the City Council adopt the proposed ordinance, repealing and replacing AMC Title 5, Chapter 15 (Prohibited Page 39 of 53 ITEM NUMBER: C-1 DATE: 09/26/23 Camping) to immediately preserve the public peace, health, and safety, and to provide clear direction and standards for enforcing prohibited camping activities. FISCAL IMPACT: None. ALTERNATIVES: 1. Council may decide not to adopt the proposed ordinance; 2. Council may request staff to revise the proposed ordinance; or 3. Council may request staff to conduct further analysis of the proposed ordinance prior to adoption. ATTACHMENT: 1. Draft Urgency Ordinance A 2. Draft Ordinance B Page 40 of 53 ITEM NUMBER: C-1 DATE: ATTACHMENT: 09/26/23 1 DRAFT URGENCY ORDINANCE A AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, REPEALING AND REPLACING, IN ITS ENTIRETY, TITLE 5, CHAPTER 15 (PROHIBITED CAMPING), OF THE ATASCADERO MUNICIPAL CODE TO ADDRESS PROHIBITED CAMPING ON PUBLIC AND PRIVATE PROPERTY; REGULATE STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY; AND ESTABLISH TIME, MANNER, AND PLACE REGULATIONS FOR CAMPING BY NECESSITY WHEREAS, homelessness continues to be a significant challenge not only in the City of Atascadero but throughout the entire county and state; and WHEREAS, the City Council originally adopted a Prohibited Camping Ordinance in 2013 to address camping on public property; and WHEREAS, the United States Ninth Circuit Court of Appeals decisions in Martin v. Boise and Johnson v. City of Grants Pass, combined with voter-approved ballot measures and state legislation, have severely limited the City’s ability to take enforcement action for violation of the City’s Prohibited Camping Ordinance; and WHEREAS, the City has received numerous complaints from, and appeals to address camping throughout the City by, residents impacted by campers in their residential neighborhoods, local businesses, and places of worship expressing health and safety concerns due to encampments encroaching near and or on their properties, and the Atascadero Unified School District to address camping in and around school properties; and WHEREAS, the Atascadero Mutual Water Company, concerned with pollution of the City’s water source caused by human waste contamination as a result of camping in and around waterways, recently appealed to the City to prohibit camping near Atascadero Creek, Graves Creek, and the Salinas River; and WHEREAS, in response to these requests and the Boise and Grants Pass decisions, staff researched many communities’ recently adopted prohibited camping ordinances to assist in developing an updated ordinance that meets the health and safety needs of all residents in the community (housed and unhoused) as well as complies with these United States Ninth Circuit Court of Appeals decisions; and WHEREAS, the proposed draft ordinance was developed to regulate the time, place, and manner of camping on public and private property given enforcement limitations, regulate vehicle habitation on public property and rights-of-way, vehicle camping on private property, and camping on public property; and WHEREAS, it is staff’s intention to continue to respond compassionately, with a multi- disciplinary team to address the needs of the homeless population. Page 41 of 53 ITEM NUMBER: C-1 DATE: ATTACHMENT: 09/26/23 1 Page 42 of 53 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Determination. The City Council has determined that based on the recitals above and all other facts presented to the City Council, the proposed Ordinance is adopted for the immediate preservation of the public peace, health, and safety and is passed by no less than a four- fifths vote of the City Council and Title 5, Chapter 15 is repealed and replaced in its entirety, as set forth in Exhibit “A” of this Ordinance, attached hereto and incorporated herein by reference. SECTION 3. CEQA. The proposed Title 5 amendment is exempt from the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 4. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 5. Preservation. Repeal of any provision of the AMC or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 6. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the AMC or other City Ordinance by this Ordinance will be rendered void and cause such previous AMC provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8. Notice. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Atascadero’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 9. Effective Date. This Ordinance will take effect immediately as an urgency ordinance necessary for the immediate preservation of the public peace, health, and safety pursuant to California Government Code Section 36937(b). ITEM NUMBER: C-1 DATE: ATTACHMENT: 09/26/23 1 INTRODUCED at a regular meeting of the City Council held on ___________, 2023, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on ___________, 2023. CITY OF ATASCADERO: ____________________________________ Heather Moreno, Mayor ATTEST: ______________________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________________ Brian A. Pierik, City Attorney Page 43 of 53 ITEM NUMBER: C-1 DATE: ATTACHMENT: 09/26/23 1A CHAPTER 15. - CAMPING AND STORAGE OF PERSONAL PROPERTY 5-15.101. - PURPOSE. This Chapter is intended to protect the public health, welfare, and safety by reserving open spaces and facilities within the City limits for their intended purposes. Public property within the City should be readily accessible and available to residents and the general public at large. Unregulated use of public property for camping or storage of personal property interferes with the rights of others to make use of such shared public spaces for their intended purposes and frequently contributes to blight or pollution, and causes damage to public property. This Chapter is intended to avoid unsafe and potentially disorderly conditions, unsanitary and unhealthful conditions, and the degradation or destruction of open spaces and facilities within the City, and preserve such open spaces and natural resources. 5-15-102. - DEFINITIONS. The following words and phrases, when used in this Chapter, shall have the below meanings unless it is readily apparent from the context that another meaning is intended. (a) "Camp" or "Camping" means the conduct of more than one of the following activities on public property, when it reasonably appears, in light of all circumstances, that a person is using such public or private property for living accommodation purposes: i. sleeping or preparing to sleep (including the laying down of bedding for the purpose of sleeping), including undertaking such activities in a vehicle (including any motorhome, camp trailer, camper, coach, fifth wheel travel trailer, house car, recreational vehicle, mobile home), or obscuring some or all of the vehicle’s windows; ii. erecting or using any tent, camp facilities, or building any other form of shelter; iii. unattended storage of personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware) or camp paraphernalia; iv. possessing inside or on a vehicle items that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, or cooking equipment; v. making or using any fire, for purpose of heating or cooking, or using any flame, grill, portable stove, or similar flame producing device for cooking of meals on public property, except for in City parks with designated barbeque and cooking areas while using City-provided cooking facilities designed for such purposes; or Page 44 of 53 ITEM NUMBER: C-1 DATE: ATTACHMENT: 09/26/23 1A vi. doing any digging or earth breaking activities for purpose of creating or improving a shelter. Camping shall be deemed to occur regardless of whether a full night is actually spend occupying any specific location on public property. (b) "Camp facilities" include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area. (c) "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-City designated cooking or heating equipment. (d) “Public property" means any publicly owned property in the City, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; park playgrounds; freeway on-ramps and off-ramps; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the City. (e) "Public utilities" means any outdoor water, sewer, or electrical outlets or fixtures on government owned, maintained, or operated properties located within the City. (f) “Vehicle” means a vehicle as defined in California Vehicle Code section 670. (g) "Very High Fire Severity Zones" means such areas as are designated by the City pursuant to Government Code Section 51179. 5-15.103. UNLAWFUL CAMPING. It shall be unlawful for any person to camp on any public property within the City, except as otherwise provided herein. Page 45 of 53 ITEM NUMBER: C-1 DATE: ATTACHMENT: 09/26/23 1A 5-15.104. STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY. It shall be unlawful for any person to store any personal property, including camp facilities and camp paraphernalia, on any public property within the City, except as otherwise provided in this chapter. Prior to removing any personal property, any enforcing employee shall attempt to provide any apparent owners with notice of intent to remove the personal property at least 24 hours in advance of any action to remove any personal property. Notice shall be in writing and shall be served personally on the owners of such property if readily apparent, or otherwise shall be left on or with the property. In addition, the enforcing employee shall post the notice on or near the personal property so as to reasonably communicate the notice to persons living at the camp facility but not present during the attempt to serve notice. The notice shall contain the following information: A. The location of the personal property B. The date and time notice was served or posted; C. A statement that the storage of personal property violates this Chapter; D. An advisement that the City will remove the personal property 24 hours after the date and time of the notice; E. Information about any housing or shelter and homeless services available for the owners of the personal property, the phone number and address to contact in order to obtain the housing or shelter or other health and human services; F. An advisement that any personal property remaining at the site when the enforcing employee returns to remove the personal property and it will be impounded for no fewer than 90 days and will be discarded thereafter if not claimed; and G. The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved, and that the City will charge no fee for storage or retrieval. A person occupying a camp facility who is present at the time the enforcing employee is removing the personal property can retain his or her personal property except items that constitute an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband that may be seized, as permitted by law. 5-15-105. OFFER OF HOUSING, SHELTER AND SERVICES. Prior to directing a person to remove camp facilities or prior to removing the camp facilities, the enforcing employee shall offer information to the occupant(s) regarding any available housing or shelter and other health and human services that said employee reasonably believes are relevant to the occupant(s) and their individual circumstances. Page 46 of 53 ITEM NUMBER: C-1 DATE: ATTACHMENT: 09/26/23 1A 5-15-106. EXEMPTION FOR NECESSITY – TIME, PLACE, AND MANNER REGULATIONS. The provisions of this Chapter shall not apply, except as stated below, to any individual camping by necessity, including, for example, those instances in which every shelter in the local area is at capacity. The City Manager may establish local guidelines to determine whether an individual is camping by necessity. If an individual is camping by necessity, the following time, manner and place requirements shall apply and strict compliance with them shall be required in order to avoid the prohibitions otherwise specified in this Chapter, and the imposition of penalties as otherwise specified in this code: A. Time. No person shall erect, configure, or construct any camp facilities from 7:00 a.m. to 8:00 p.m. (except during stormy weather). A person must take down, fold, and completely remove or put away any camp facilities erected, configured, or constructed on any public property between the hours of 7:00 a.m. and 8:00 p.m. (except during stormy weather). B. Manner. At no time shall any person obstruct access to a street, sidewalk, park playground, public utility, public property, or other public right-of-way open for pedestrian travel or governmental use: 1. By sitting, lying or sleeping, or by storing, using, maintaining or placing personal property in a manner that does not allow for passage as required by the Americans with Disabilities Act of 1990, as amended from time to time; or 2. By sitting, lying or sleeping, or by storing, using, maintaining or placing personal property within ten feet or any operational or utilizable entrance, exit, driveway, or loading dock; or 3. By creating any barrier with string, wire, rope, or chain, or other attachments or appurtenances upon City owned trees, light poles, fences, equipment or other public facilities. 4. A camp or camping, including outside stored personal property, must be limited to a spatial footprint of no more than ten square feet, or ten- foot by ten-foot area. The intent of this provision is to allow a person to sleep protected from the elements and maintain the essentials for living, while still allowing others to use public spaces as designed and intended. 5. Individuals may not: a. Accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no apparent utility in a public right-of-way, on city property, or on any adjacent public or private property. b. Start or maintain any fire for the purposes of burning any combustible material or use a gas heater in or around a campsite. Page 47 of 53 ITEM NUMBER: C-1 DATE: ATTACHMENT: 09/26/23 1A c. Erect, install, place, leave, or set up any type of permanent or temporary fixture or structure of any material(s) in or upon public property or a public right-or-way. Items such as tents and similar items used for shelter that are readily portable are not structures for purposes of this section. d. Dig, excavate, terrace soil, alter the ground or infrastructure, cause environmental damage, or damage vegetation or trees in and around a campsite. e. Accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, sewage, drug paraphernalia, improperly disposed of syringes, other evidence of conspicuous drug use in the public right-of-way, on city property, or any adjacent public or private property. C. Place. Camping is prohibited on the following public property, which shall be deemed to include the entire parcel, unless signage is posted designating permissible camping locations on the parcel as part of an overnight sleeping program established by the City: 1. Atascadero City Hall 2. Centennial Plaza 3. Atascadero Public Library 4. Atascadero Transit Center 5. Colony Park Community Center 6. Atascadero Lake Park Pavilion 7. Atascadero Zoo 8. Faces of Freedom Veterans Memorial 9. The Plaza on El Camino 10. Within 500 feet of any school 11. Within 500 feet of the banks of the Salinas River, Atascadero Creek, or Graves Creek 12. On the entirety of the Juan Bautista de Anza trail and Historic Trail corridor 13. Areas of City parks: athletic fields and sports courts, irrigated or landscaped areas, park playgrounds, synthetic turf areas, and park picnic areas including tables, bleachers, benches, and pavilions 14. Within 500 feet of any bridge, highway underpasses or highway overpasses, or any freeway onramps and off-ramps 15. In all Very High Fire Severity Zones 16. Within 500 feet of all Atascadero government buildings D. Camping shall be prohibited within 100 feet of any public property where signs are posted stating that camping is prohibited at that location. The City Manager or their designee is authorized under this subsection to post signage on public property prohibiting camping for periods of 30 days upon determining that Page 48 of 53 ITEM NUMBER: C-1 DATE: ATTACHMENT: 09/26/23 1A camping or storage of personal property at such location has created nuisance conditions that affects the health and safety of the public or occupants. 5-15-107. OVERNIGHT CAMPING ON PRIVATE PROPERTY Notwithstanding any other provision of this code, a total of three vehicles per parcel, may be used by people who lack access to permanent or safe shelter and who cannot obtain other housing for overnight camping in a parking lot or paved or gravel surface of a parcel of any size owned or leased by a faith based institution, non-profit, or a business, with permission of the property owner and lessee, and only after the owner is issued a City permit by the Community Development Department. A. A property owner or lessee who allows overnight camping on a property, pursuant to this section shall: a. Provide persons camping overnight with access to sanitary facilities, including, but not limited toilet, hand washing and trash disposal facilities at all times when people are authorized to be present for overnight camping. b. Not require payment of any fee, rent or other monetary charge for overnight camping authorized by this section. c. Restrict the use of the owner’s or lessee’s property for no longer that 72 hours for each vehicle. d. Not allow the dumping of wastewater or trash on the property unless sufficient city approved receptacles are available. e. Not allow for the storage of personal property outside of or adjacent to the vehicle. f. Not allow on-site storage or personal property when the personal property owner or lessee is no longer staying on the property being used for camping. B. A property owner or lessee who permits overnight camping pursuant to this section may revoke that permission at any time and for any reason. Any person who has permission to sleep on that property as provided in this section shall leave the property immediately after permission has been revoked. C. The provisions of this section are not intended to limit or otherwise change any permitted land use on a property. D. This section shall not apply when the camping by tent or other removable structure is by minor children, under the direct care and supervision of a parent or guardian who is related to or visiting the owner of such property, or the lessee of such property, or the person in lawful possession of the property. This exception is only intended to cover short term and temporary camping in no event longer than three days. Page 49 of 53 ITEM NUMBER: C-1 DATE: ATTACHMENT: 09/26/23 1A 5-15-108. OTHER EXEMPTIONS. The provisions of this Chapter shall not apply in the event of a declared state of emergency, nor to any persons participating in organized and supervised recreational activities in parks within the City, if approved by the City's Recreation Supervisor or City Manager, nor to camping in public accommodations that are properly zoned, legally established and designated for camping purposes. Page 50 of 53 ITEM NUMBER: C-1 DATE: ATTACHMENT: 09/26/23 2 DRAFT ORDINANCE B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, REPEALING AND REPLACING, IN ITS ENTIRETY, TITLE 5, CHAPTER 15 (PROHIBITED CAMPING), OF THE ATASCADERO MUNICIPAL CODE TO ADDRESS PROHIBITED CAMPING ON PUBLIC AND PRIVATE PROPERTY, REGULATE STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY, AND ESTABLISH TIME, MANNER AND PLACE REGULATIONS FOR CAMPING BY NECESSITY WHEREAS, homelessness continues to be a significant challenge not only in the City of Atascadero but throughout the entire county and state; and WHEREAS, the City Council originally adopted a Prohibited Camping Ordinance in 2013 to address camping on public property; and WHEREAS, The United States Ninth Circuit Court of Appeals decisions in Martin v. Boise and Johnson v. City of Grants Pass, combined with voter-approved ballot measures and state legislation, have severely limited the City’s ability to take enforcement action for violation of the City’s Prohibited Camping Ordinance; and WHEREAS, the City has received numerous complaints from, and appeals to address camping throughout the City by, residents impacted by campers in their residential neighborhoods, local businesses and places of worship expressing health and safety concerns due to encampments encroaching near and or on their properties, and the Atascadero Unified School District to address camping in and around school properties; and WHEREAS, the Atascadero Mutual Water Company, concerned with pollution of the City’s water source caused by human waste contamination as a result of camping in and around waterways, recently appealed to the City to prohibit camping near Atascadero Creek, Graves Creek, and the Salinas River; and WHEREAS, in response to these requests and the Boise and Grants Pass decisions, staff researched many communities’ recently adopted prohibited camping ordinances to assist in developing an updated ordinance that meets the health and safety needs of all residents in the community (housed and unhoused) as well as complies with these United States Ninth Circuit Court of Appeals decisions; and WHEREAS, the proposed draft ordinance was developed to regulate the time, place, and manner of camping on public and private property given enforcement limitations, regulate vehicle habitation on public property and rights-of-way, vehicle camping on private property, and camping on public property; and WHEREAS, it is staff’s intention to continue to respond compassionately, with a multi- disciplinary team to address the needs of the homeless population. Page 51 of 53 ITEM NUMBER: C-1 DATE: ATTACHMENT: 09/26/23 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Determination. The City Council has determined that Title 5, Chapter 15 is repealed and replaced in its entirety, as set forth in Exhibit “A” of this Ordinance, attached hereto and incorporated herein by reference. SECTION 3. CEQA. The proposed Title 5, Chapter 15 is exempt from the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 4. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 5. Preservation. Repeal of any provision of the AMC or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 6. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the AMC or other City Ordinance by this Ordinance will be rendered void and cause such previous AMC provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8. Notice. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Atascadero’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 9. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. Page 52 of 53 ITEM NUMBER: C-1 DATE: ATTACHMENT: 09/26/23 2 INTRODUCED at a regular meeting of the City Council held on ___________, 2023, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on ___________, 2023. CITY OF ATASCADERO: ____________________________________ Heather Moreno, Mayor ATTEST: ______________________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________________ Brian A. Pierik, City Attorney Page 53 of 53