HomeMy WebLinkAboutCC_2023_10_10_AMENDED AgendaPacket CITY OF ATASCADERO CITY COUNCIL AMENDED AGENDA
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Page 1 of 214
CITY OF ATASCADERO
CITY COUNCIL
AMENDED AGENDA
Tuesday, October 10, 2023
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Newsom
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.
CLOSED SESSION REPORT:
a. September 26, 2023
PRESENTATIONS:
1. Employee Recognition
2. Proclamation declaring October 8-14, 2023 as Fire Prevention Week
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
City Council Regular Session: 6:00 P.M.
Page 2 of 214
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 26, 2023
▪ Recommendation: Council approve the September 26, 2023 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. Ordinance Regulating Camping in Areas of the City
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt, on second reading, a Draft Ordinance
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; define time, manner, and place for
legal camping; regulate storage of personal property on public property; and
establish time, manner, and place regulations for camping by necessity.
[Police Department]
3. Formation of New Positions and Reclassification of Existing Positions
Throughout the City
▪ Fiscal Impact: Estimated ongoing cost of $480,000 per fiscal year.
▪ Recommendation: Council:
1. Authorize the City Manager to establish new positions, including Senior
Recreation Coordinator, Finance Analyst, Planning Manager, and
Community Services & Promotions Director; and
2. Authorize the City Manager to reclassify employees into appropriate pay
classifications of Deputy City Manager, Human Resources Manager, Zoo
Director, and Police Chief; and
3. Amend the fiscal year 2023-2024 monthly salary schedule to include new
positions as follows:
4. Adopt Draft Resolution for Non-Represented Professional and
Management Workers and Confidential Employees; and
5. Authorize the City Manager to execute a Side Letter with the Local 620
Service Employees International Union (SEIU) for the existing
Memorandum of Understanding (MOU), dated July 1, 2021, through June
30, 2024, adding the title of Senior Recreation Coordinator at the salary
range shown above; and
6. Authorize the City Manager to approve the Employment Agreement for
Terrie Banish to serve as Community Services & Promotions Director; and
7. Authorize the Director of Administrative Services to allocate $140,000 in
salary savings from fiscal year 2023-2024 for labor costs in fiscal year
2024-2025. [City Manager]
4. Revegetation Contract Award for the Santa Lucia Road Bridge Replacement
Project
▪ Fiscal Impact: $628,027.
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
Community Services & Promotions Director M57 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38
Deputy City Manager M54 11,419.91 11,990.91 12,590.46 13,219.98 13,880.98
Finance Analyst M39 7,922.68 8,318.81 8,734.75 9,171.49 9,630.06
Human Resources Manager M46 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
Planning Manager M46 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
Police Chief M64 14,575.03 15,303.78 16,068.97 16,872.42 17,716.04
Senior Recreation Coordinator 24 5,405.39 5,675.66 5,959.44 6,257.41 6,570.28
Zoo Director M46 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
Page 3 of 214
▪ Recommendation: Council award a construction contract for $628,027 to
Quincon, Inc. for the revegetation phase of the Santa Lucia Road Bridge
Replacement Project (City Project No. C2015B03[2], Federal Project No.
BRLO-5423[029]). [Public Works]
5. Revegetation Contract Award for the Via Avenue Bridge Replacement
Project
▪ Fiscal Impact: $767,933.
▪ Recommendation: Council award a construction contract for $767,933 to
Quincon, Inc. for the revegetation phase of the Via Avenue Bridge
Replacement Project (City Project No. C2015B02[2], Federal Project No.
BRLS-5423[032]).
[Public Works]
6. City Attorney Services – Request for Proposals
▪ Fiscal Impact: None.
▪ Recommendation: Council authorize the City Manager to issue a Request for
Proposals for City Attorney services and to appoint Karl Berger, of Burke,
Williams & Sorensen, as Interim City Attorney. [City Attorney]
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:
1. Appeal of Grand Oaks Paseo Common Area Amendment
▪ Fiscal Impact: Minor negative fiscal impact expected if the building is not built
due to a lower than planned assessed valuation.
▪ Recommendation: Council:
1. Adopt Draft Resolution A, affirming the Planning Commission’s approval of
amendments to the Grand Oaks Paseo project master plan of development
to allow modifications to the common amenity space.
a. Modifications to the conditions of approval related to amenities,
timing, etc. can be included.
OR
Page 4 of 214
2. Adopt Draft Resolution B, reversing the Planning Commission’s action and
denying amendments to the Grand Oaks Paseo project master plan of
development to allow modifications to the common amenity space.
[Community Development]
C. MANAGEMENT REPORTS: None.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their
own activities. The following represent standing committees. Informative status
reports will be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Regional Economic Action Coalition (REACH)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
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
2.Appeal of Conditional Use Permit for RV Storage Facility
▪ Fiscal Impact: None.
▪ Recommendation: Council:
1.Adopt Draft Resolution A, affirming the Planning Commission’s approval of
a conditional use permit to establish an RV storage facility at 6805
Sycamore Road, subject to findings and conditions of approval.
OR
2.Adopt Draft Resolution B, reversing the Planning Commission’s action and
denying a conditional use permit to establish an RV storage facility at 6805
Sycamore Road, subject to findings. [Community Development]
Page 5 of 214
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 6 of 214
ITEM NUMBER: A-1
DATE: 10/10/23
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, September 26, 2023
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
CITY COUNCIL CLOSED SESSION:
Mayor Moreno called Closed Session to order at 5:00 p.m.
1. CLOSED SESSION — PUBLIC COMMENT – None
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
Mayor Moreno recessed the Closed Session at 5:55 p.m.
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Page 7 of 214
ITEM NUMBER: A-1
DATE: 10/10/23
5. COUNCIL RETURNS
6. CLOSED SESSION — REPORT, if any:
City Attorney Pierik reported that there was no reportable action from Closed Session on
Item a (above).
Mayor Moreno noted that more time would be needed to discuss Closed Session Items b,
c, and d, and that Council had recessed Closed Session until after the close of Regular
Session.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:00 p.m. and Council Member Dariz led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Bourbeau, Dariz, Newsom, Mayor Pro Tem Funk,
and Mayor Moreno
Absent: None
Others Present: None
Staff Present: City Manager Jim Lewis, 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 Brian Pierik, Deputy City Manager/City Clerk Lara
Christensen, 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 – 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]
Page 8 of 214
ITEM NUMBER: A-1
DATE: 10/10/23
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
Rehabilitation Project with the Traffic Way Pavement Rehabilitation (South)
Project scheduled for fiscal year 2025-2026 construction. [Public Works]
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]
Mayor Moreno removed Item A-4 for separate discussion and vote.
MOTION: By Council Member Bourbeau and seconded by Council Member
Newsom to approve Consent Calendar Items A-1, A-2, A-3, and A-5.
(#A-3 Contract No. 2023-032)
Motion passed 5:0 by a roll-call vote.
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]
City Manager Lewis and Community Development Director Dunsmore updated the Council
on changes made to the policy as requested at the September 12 Council Meeting. The
Council asked questions of staff and discussed the interest rate calculation.
MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem
Funk to:
1. Adopt Resolution No. 2023-068 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 with the following change in
Page 9 of 214
ITEM NUMBER: A-1
DATE: 10/10/23
interest rate calculation to Section 3 of the Resolution and the
Fee Deferment Terms in Exhibit A:
The simple interest rate shall be calculated as of the date
of the request for deferral to the City, and shall be the
higher of the City’s investment return or the City’s 2-Year
Treasury Weighted Portfolio Yield as presented in the most
recently Council adopted quarterly Treasurer’s Report,
plus 1%.
2. Adopt on second reading, by title only, Ordinance No. 666 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.
Motion passed 5:0 by a roll-call vote.
UPDATES FROM THE CITY MANAGER:
City Manager Jim Lewis gave an update on events, projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke by telephone or through the webinar on this item: Austin
Solheim and Geoff Auslen.
Mayor Moreno closed the COMMUNITY FORUM period.
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
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]
Interim Police Chief Allen gave the report and answered questions from the Council. City
Manager Lewis and City Attorney Pierik also answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Brenda Mack, Geoff Auslen, and Austin Solheim
Mayor Moreno closed the Public Comment period.
Page 10 of 214
ITEM NUMBER: A-1
DATE: 10/10/23
MOTION: By Council Member Newsom and seconded by Council Member
Dariz to:
1. Adopt Draft Urgency Ordinance No. 667 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 fixing the clerical
errors in:
• 5-15.106(B)(4) to reflect 100 square feet not ten square feet
• 5-5.107(A)(c) changing that to than
Deputy City Manager/City Clerk Christensen read the title of the Urgency Ordinance:
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.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Newsom and seconded by Council Member
Dariz to:
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 fixing the clerical errors in:
• 5-15.106(B)(4) to reflect 100 square feet not ten square feet
• 5-5.107(A)(c) changing that to than
Deputy City Manager/City Clerk Christensen read the title of the Draft Ordinance:
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.
Motion passed 5:0 by a roll-call vote.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
Mayor Moreno
1. County Mayors Round Table
2. SLO Council of Governments (SLOCOG)
Page 11 of 214
ITEM NUMBER: A-1
DATE: 10/10/23
Mayor Pro Tem Funk
1. Design Review Committee
2. Homeless Services Oversight Council
Council Member Bourbeau
1. Integrated Waste Management Authority (IWMA)
Council Member Dariz
3. Community Action Partnership of San Luis Obispo (CAPSLO)
Council Member Newsom
1. League of California Cities – Council Liaison
While individual Council Members discussed the League Conference during their reports,
City Clerk Christensen noted, for clarification of the record, that Council Members Dariz and
Newsom and Mayor Moreno attended the League of California Cities annual conference in
Sacramento from September 20-22, 2023.
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None.
F. ADJOURN
Mayor Moreno recessed the Regular Meeting at 8:00 p.m. and reconvened the Closed
Session Meeting at 8:01 p.m.
The meeting was adjourned at 9:34 pm; no reportable action.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
APPROVED:
Page 12 of 214
ITEM NUMBER: A-2
DATE: 10/10/23
Atascadero City Council
Staff Report – City Manager’s Office
Ordinance Regulating Camping in Areas of the City
(Atascadero Municipal Code Title 5, Chapter 15)
RECOMMENDATION:
Council adopt, on second reading, a Draft Ordinance 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; define time, manner, and
place for legal camping; regulate storage of personal property on public property; and
establish time, manner, and place regulations for camping by necessity.
DISCUSSION:
At the September 26, 2023, meeting, Council introduced the attached Draft Ordinance on
a 5:0 vote, which repeals and replaces Title 5, Chapter 15 (Prohibited Camping) of the
Atascadero Municipal Code, and said Draft Ordinance is before Council for adoption and
final approval tonight.
This ordinance was developed to set forth standards for camping and sheltering on City
rights-of-way and public and private property in response to legislative and court
decisions limiting the City’s ability to take enforcement action for violation of the City’s
previously adopted Prohibited Camping Ordinance.
This new ordinance seeks to address public peace, health, and safety issues by clearly
defining camping and when and where camping by necessity is not permitted, as well as
defining unlawful storage of personal property on public property and the process for
notification for abatement of stored property. The updated Ordinance will provide City
staff with additional tools where enforcement action becomes necessary. City staff will
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.
FISCAL IMPACT:
None.
ATTACHMENT:
1. Draft Ordinance
Page 13 of 214
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
10/10/23
1
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 14 of 214
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
10/10/23
1
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 15 of 214
ITEM NUMBER: A-2
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ATTACHMENT:
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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
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ATTACHMENT:
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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
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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.
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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.
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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 100 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.
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b. Start or maintain any fire for the purposes of burning any
combustible material or use a gas heater in or around a campsite.
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
Page 21 of 214
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property prohibiting camping for periods of 30 days upon determining that
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 than
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.
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ATTACHMENT:
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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 23 of 214
ITEM NUMBER: A-3
DATE: 10/10/23
Atascadero City Council
Staff Report – City Manager’s Office
Formation of New Positions and Reclassification
of Existing Positions Throughout the City
RECOMMENDATIONS:
Council:
1. Authorize the City Manager to establish new positions, including Senior
Recreation Coordinator, Finance Analyst, Planning Manager, and Community
Services & Promotions Director; and
2. Authorize the City Manager to reclassify employees into appropriate pay
classifications of Deputy City Manager, Human Resources Manager, Zoo
Director and Police Chief; and
3. Amend the fiscal year 2023-2024 monthly salary schedule to include new
positions as follows:
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
Community Services & Promotions Director M57 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38
Deputy City Manager M54 11,419.91 11,990.91 12,590.46 13,219.98 13,880.98
Finance Analyst M39 7,922.68 8,318.81 8,734.75 9,171.49 9,630.06
Human Resources Manager M46 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
Planning Manager M46 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
Police Chief M64 14,575.03 15,303.78 16,068.97 16,872.42 17,716.04
Senior Recreation Coordinator 24 5,405.39 5,675.66 5,959.44 6,257.41 6,570.28
Zoo Director M46 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
4. Adopt Draft Resolution for Non-Represented Professional and Management
Workers and Confidential Employees; and
5. Authorize the City Manager to execute a Side Letter with the Local 620 Service
Employees International Union (SEIU) for the existing Memorandum of
Understanding (MOU), dated July 1, 2021, through June 30, 2024, adding the
title of Senior Recreation Coordinator at the salary range shown above; and
6. Authorize the City Manager to approve the Employment Agreement for Terrie
Banish to serve as Community Services & Promotions Director; and
7. Authorize the Director of Administrative Services to allocate $140,000 in salary
savings from fiscal year 2023-2024 for labor costs in fiscal year 2024-2025.
Page 24 of 214
ITEM NUMBER: A-3
DATE: 10/10/23
DISCUSSION:
Background:
City staff continues to look for better and more efficient ways to deliver many and varied
City services in a cost-effective manner. At the core of this continual improvement are
the City employees who manage these services. The City is very fortunate to have
recruited and retained highly skilled and professional employees that keep the City
running, and organizing personnel for each department is an important component of
optimizing City services and functions.
During the budget preparation for the 2023-2025 budget, additional funds were included
in the General Fund to allow for any potential adjustments a new City Manager may
want to make with regards to staffing. A new City Manager on board provides an
opportunity to evaluate City Management as a whole and enhance the overall growth of
the organization. The City Manager is looking to empower current management staff to
increase innovation and develop or enhance programs in their departments to elevate
the service level and overall benefit to the community. Additionally, the City Manager
desires to have the organization be structured in a way that best supports employees
and the effective delivery of services. An assessment has been completed with every
department head to look at positions within each department where there is potential for
increased responsibility and operational impact.
In order to retain and develop the caliber of employee that the City depends on to
provide quality services, and to continue to best serve the community, the following
adjustments are being proposed:
Creation of New Positions
o Finance Analyst
▪ Will provide support for upcoming financings for public safety facilities and
the wastewater treatment plant, allow for additional grant applications and
management, support for addressing new and more stringent audit
requirements and compliance with new state regulations, and will provide
direct administrative support and analysis for the Administrative Services
Department’s operations.
o Planning Manager
▪ Will manage the Planning Division, mentor and train planning staff,
manage planning/zoning special projects and serve as a lead staff person
for supporting the Planning Commission. Additionally, this frees up the
Community Development Director to work on long-term community
building and economic development, visioning, operational efficiencies
and process improvements, etc.
Reclassification to New Position/New Title
o Recreation Coordinator (1 of 3) reclassified to Senior Recreation Coordinator
for management of the Pavilion on the Lake and special events and
supervision of related staff.
o Deputy City Manager (1 of 3) reclassified to Community Services &
Promotions Director, creating a new department to provide more effective
management, organizational effectiveness and accountability, and clarity for
staff at the Zoo and Recreation Division.
Page 25 of 214
ITEM NUMBER: A-3
DATE: 10/10/23
Reclassification of Existing Position based on Market Conditions
o Deputy City Manager (2 of 3)
o Human Resources Manager
o Police Chief
o Zoo Director
Per the City’s Municipal Code, the City Council must concur with any staffing
adjustment proposed by the City Manager. Staff is proposing that the changes to the
salary schedule and proposed reclassifications become effective on October 11, 2023,
immediately following the October 10, 2023, Council meeting. Staff has reviewed the
long-term fiscal impact of these changes and believes them to be in alignment with
Council’s overall financial strategy. The seven actions proposed tonight are necessary to
make these needed staffing changes. No changes other than the above reclassifications
and title changes are included in the updated labor agreements.
FISCAL IMPACT:
The creation and reclassifications of these positions has an estimated cost of $276,000
for the remainder of fiscal year 2023-2024 in budgeted funds. These changes have the
estimated ongoing cost of $480,000 per fiscal year, $340,000 of which is already
included in the budget.
ALTERNATIVE:
Council may give direction to the City Manager not to make any changes to the current
titles and staffing throughout the City.
ATTACHMENTS:
1. Draft Resolution for Non-Represented Professional and Management Workers and
Confidential Employees
2. SEIU Side Letter to the MOU, adding the title of Senior Recreation Coordinator
3. Updated 2023-2024 Citywide Full Time Salary Schedule
4. Employment Agreement for Terrie Banish
Page 26 of 214
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
10/10/23
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, ESTABLISHING
THE COMPENSATION AND BENEFIT PLAN FOR
NON-REPRESENTED PROFESSIONAL AND MANAGEMENT
WORKERS AND CONFIDENTIAL EMPLOYEES,
EFFECTIVE OCTOBER 11, 2023 – JUNE 30, 2024
WHEREAS, the Government Code of the State of California prescribes a procedure for
discussing and resolving matters regarding wages, hours and other terms and conditions of
employment; and
WHEREAS, the City Personnel System Rules provided for a Compensation Plan; and
WHEREAS, the City desires to set forth salaries and benefits for Non-Represented
Professional and Management workers and Confidential employees; and
WHEREAS, the City Council adopted Resolution 2023-042 on June 13, 2023, establishing
the compensation and benefit plan for Non-Represented Professional and Management workers
and Confidential employees and desires to replace that resolution with this resolution and rescind
said adoption.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. All prior Resolutions for Non-Represented employees are repealed.
SECTION 2. The Non-Represented Professional and Management Workers and
Confidential Employees Compensation and Benefit Plan is hereby established as follows:
Positions
The following positions are included in this Resolution. The City Manager and Department Heads
have individual employment agreements defining other terms and conditions of employment not
described herein.
Executive Management Positions
Administrative Services Director
Deputy City Manager
City Manager
Community Development Director
Community Services & Promotions Director
Deputy City Manager
Fire Chief
Police Chief
Public Works Director
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ATTACHMENT:
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ITEM NUMBER: A-3
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ATTACHMENT:
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Management Positions
Battalion Chief
Deputy Administrative Services Director
Deputy Community Development Director
Deputy Community Development Director/Building Official/Economic Development Director
Deputy Public Works Director
Finance Analyst
Human Resources Manager
Planning Manager
Police Commander
Public Works Analyst
Zoo Director
Confidential (Includes only designated positions within the classifications)
Accounting Specialist
Administrative Assistant
Finance Technician
Salaries
This one (1) year agreement shall provide salary increases according to the following formula and
schedule:
The following monthly salaries are effective October 11, 2023:
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Accounting Specialist- Confidential 5,675.66 5,959.44 6,257.41 6,570.28 6,898.79
Administrative Assistant- Confidential 5,147.99 5,405.39 5,675.66 5,959.44 6,257.41
Administrative Services Director 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38
Battalion Chief 10,358.19 10,876.10 11,419.91 11,990.91 12,590.46
City Manager 18,030.35 18,931.87 19,878.46 20,872.38 21,916.00
Community Development Director 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38
Deputy Administrative Services Director 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
Deputy City Manager 9,864.94 10,358.19 10,876.10 11,419.91 11,990.91
Deputy Community Development Director 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
Deputy Community Development
Director / Building Official / Economic
Development Director
10,617.14 11,148.00 11,705.40 12,290.67 12,905.20
Deputy Public Works Director 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
Finance Technician- Confidential 5,147.99 5,405.39 5,675.66 5,959.44 6,257.41
Fire Chief 13,219.98 13,880.98 14,575.03 15,303.78 16,068.97
Human Resources Manager 7,010.83 7,361.37 7,729.44 8,115.91 8,521.71
Police Chief 13,219.98 13,880.98 14,575.03 15,303.78 16,068.97
Police Commander 10,358.19 10,876.10 11,419.91 11,990.91 12,590.46
Public Works Analyst 7,922.68 8,318.81 8,734.75 9,171.49 9,630.06
Public Works Director 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38
SALARY WORKSHEET
MONTHLY SALARY
Effective July 1, 2023
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Work Period
The normal work period for non-exempt employees shall be seven (7) days with a maximum non-
overtime of forty (40) hours.
Overtime Rate
Overtime for non-exempt employees, shall be compensated at the rate of time and one-half the
regular rate of pay. All overtime shall be recorded and paid in the following manner:
1 to 15 minutes, overtime compensation – ¼ hour
16 to 30 minutes, overtime compensation – ½ hour
31 to 45 minutes, overtime compensation – ¾ hour
46 to 60 minutes, overtime compensation – 1 hour
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Overtime Hours Paid
Overtime for non-exempt employees shall be paid after forty (40) hours worked in a work period.
Paid time off shall be considered time worked for overtime purposes.
Schools/Training/Conferences
Hours traveling, studying, or evening classes, etc., when a non-exempt employee is attending an
out-of-town school shall be paid in accordance with all FLSA provisions.
Compensatory Time (CT)
Notwithstanding the provisions of this section, non-exempt employees may be granted CT for
overtime credit computed at time and one-half at the mutual convenience of the City and the
employee. Non-exempt employees may accumulate a maximum of one hundred and twenty (120)
hours in their CT account.
Scheduling Compensatory Time
Requests to use CT shall be granted with due regard for operational necessity such as staffing
levels.
Deferred Compensation
The City will match an eligible employee’s contribution to a deferred compensation program. The
match will be up to a maximum of $1,000 annually for executive management employees and
$500 annually for management employees. All deferred compensation contributions are fully
vested in the employee and shall not be available to the City.
Longevity Exclusively as Section 457 Contribution
a. For those active employees that have attained 10 years of continuous full time employment,
the City, consistent with sections (b) through (f) below, shall deposit funds into a separate
deferred compensation plan Section 457 account for each employee in the following amounts:
i. Fiscal Year 2021-2022: $50 for each whole year of continuous full-time
employment with the City
ii. After July 1, 2022: $100 per year for each whole year of continuous full-time
employment with the City
b. Only employees who have received an overall rating of “satisfactory” or better on their last
evaluation on file will be eligible for the longevity 457 contribution.
c. Whole years of full time employment shall be determined on September 1st of each year
for each active employee.
d. Fractions of a year will be rounded down to the nearest whole year.
e. For Fiscal Year 2021-2022, deposit into the deferred compensation account shall be made
in one lump sum no later than 60 days after execution of this MOU. Thereafter, deposit
into the deferred compensation account shall be made in one lump sum annually no later
than the second pay period in September.
f. Based on title 2 of the California Code of Regulations Section 571, the annual City deferred
contribution for longevity into the separate deferred compensation plan, will not be
considered special compensation, will not be reported to CalPERS as compensation and will
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not be considered as compensation when calculating an employee’s retirement benefits. In
the event that CalPERS at some time in the future determines that the longevity Section 457
Contribution meets the definition of “Special Compensation”, both parties agree to reopen
negotiations related to the financial impacts and implementation of this issue.
Health Benefits
1. Effective January 1, 2023, for unit members who elect to have “Family” coverage, the City
shall pay an amount not to exceed $2,156.19 per month for employees electing Family
coverage. The City contribution shall go toward the cost of all medical, dental, vision and life
insurance benefit premiums for the unit member employee and dependents. City shall pay for
increased costs to medical, dental, vision and life insurance premiums for the employee and
fifty percent (50%) of increased costs for dependents based upon HMO plan costs.
2. Effective January 1, 2023, for unit members who elect to have ‘Employee +1” coverage,
the City shall pay an amount not to exceed $1,607.23 per month for employees electing
Employee +1 coverage. The City contribution shall go toward the cost of all medical,
dental, vision and life insurance benefit premiums for the unit member employee and
dependent. City shall pay for increased costs to medical, dental, vision and life insurance
premiums for the employee and fifty percent (50%) of increased costs for the dependent
based upon HMO plan costs.
3. Effective January 1, 2023, for unit members who elect to have “Employee Only” coverage,
the City shall pay amount not to exceed $1,216.16 per month for employees electing
Employee Only coverage. The City contribution shall go toward the cost of all medical,
dental, vision and life insurance benefit premiums for the unit member employee for the term
of this agreement. City shall pay for increased costs to medical, dental, vision and life
insurance premiums for the employee based upon the HMO plan costs.
For unit members who elect to have “Employee Only” coverage, available funds remaining
from the City’s contribution toward insurance coverage shall be paid to an employee hired
on or before September 1, 2000 as additional compensation. This amount shall not exceed
$240.56 per month.
4. The City of Atascadero has established a Post Retirement Health Benefit for Executive
Management and Council. The City agrees to reimburse the retiree for retiree and/or
retiree’s dependent health (medical/dental/vision) insurance premiums, disability
insurance, long-term health care or life insurance premiums in a method determined by the
Administrative Services Director following retirement.
The program parameters are:
❑ The benefit is available upon retirement from PERS or other similar retirement program
after age 50; and
❑ The employee must have served for a minimum of 8 years with the City of Atascadero.
(Council serving consecutive full terms totaling 8 consecutive years shall be eligible
regardless of swear in dates); and
❑ For employees hired after July 1, 2016 the employee must begin drawing retirement
within 6 months of separating from the City of Atascadero; and
❑ The benefit extends between the date of retirement and age 65; and
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❑ The current benefit is $200.00 monthly.
Life Insurance
The City shall provide a term life insurance policy on each employee (Executive Management,
Management, Confidential and Council) in the amount of Fifty-Thousand Dollars ($50,000).
The City shall provide a term life insurance policy for each eligible dependent of Executive
Management, Management and Confidential employees enrolled in health coverage in the amount
of One Thousand Dollars ($1,000) per dependent.
Long-Term Disability Insurance
The City shall provide a City-paid program to provide Long-Term Disability Insurance for
Executive Management and Management employees.
State Disability Insurance
The City provides State Disability Insurance as a payroll deduction for each employee in the
Confidential classification only. State Disability Insurance shall be integrated with sick leave with
the objective of providing full compensation.
Leave
Administrative Leave
Executive Management Employees, and Management Employees will receive Administrative
Leave, which will vest as of July 1 annually. Except as provided below, Administrative Leave
will not be carried over or accrue from one fiscal year to the next. If an employee is unable to use
his/her Administrative Leave prior to the end of the fiscal year for work related reasons beyond
his/her control, said leave will be carried over into the next fiscal year for a period not to exceed
three (3) months. Said time will be available to the employee for use during that period, but will
not be accrued for the purpose of payoff in the event of termination. In the event an employee
covered by this Agreement is employed after January 1 of the fiscal year, the employee shall be
eligible for one half of their annual allotment of Administrative Leave. Employees shall receive
Administrative Leave at the following annual rates:
• Executive Management shall receive 80 hours.
• Management Employees shall receive 48 hours.
Vacation Leave
a. Employees shall receive vacation leave consistent with the Personnel System Rules.
b. In addition to the vacation leave accrued as outlined in Section 15.2 B of the City of
Atascadero Personnel System Rules, employees shall receive:
• An additional two days of vacation annually upon completing 15 years of service
for a total accrual of 22 days per year or 6.77 hours per pay period; and
• Two more days of vacation annually upon completing 20 years of service for a total
accrual of 24 days per year or 7.385 per pay period.
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Holidays
The City shall recognize the following days as official City holidays:
Holiday Day Observed
New Year's Day January 1
Martin Luther King, Jr. Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Friday after Thanksgiving
Christmas Eve Day December 24
Christmas Day December 25
"Floating" Holiday Off As Scheduled; Accrues January 1
Each unit member employed by the City as of January 1st of each year shall be eligible for one
floating holiday (8 hours). Floating holidays must have prior department approval and shall be
consistent with the efficient operation of the department. The floating holiday may be used between
January 1 and December 31 of each year.
Sick Leave
1. Sick leave accumulates at a rate of 3.69 hours per pay period. There is no limit to the
accumulation.
2. Stay Well Bonus. Employees with 384 or more hours of accumulated sick leave shall be
eligible for the Stay Well Bonus. The Stay Well Bonus will be implemented as follows:
a. The sick leave pay-off will occur during the twelve- (12) month period beginning the first
day after the second pay period in October and ending on the last day of the second pay
period in October of the following year after an employee has accumulated and maintained
384 hours of sick leave.
b. Once the eligibility requirements have been met, an employee may opt to receive a pay-off
equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment
is 95.94 hours).
c. Checks will be prepared by December 15 of each year.
3. Sick Leave Payback. When an executive management employee, a management employee or
confidential employee terminates employment in good standing, after five (5) years of
continuous service with the City of Atascadero in an executive management, management, or
confidential position, as defined in this Resolution, he/she shall be paid one-half of his/her
accumulated Sick Leave.
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4. In any calendar year, up to two days (16 hours) of sick leave may be used for personal reasons
without explanation. These days are not intended as vacation days and may not be used to
extend vacations or holidays.
Bereavement Leave
Employees shall be granted bereavement leave pursuant to the City of Atascadero Personnel
System Rules.
The City shall provide up to twenty-four (24) hours of paid bereavement leave for bereavement
purposes. Bereavement purposes include (1) the death of a member of the employee’s immediate
family, and (2) the critical illness of a member of the employee’s immediate family where death
appears to be imminent. The amount of bereavement leave provided under this section is twenty
four (24) hours per family member.
The employee may be required to submit proof of a relative's death or critical illness before final
approval of leave is granted.
For purposes of this section, “immediate family” means: spouse or domestic partner, parent (including
biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent, grandchild, child
(including biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner,
or a child of a person standing in loco parentis), brother, sister, aunt, uncle, son-in-law, daughter-in-
law, mother-in-law, father-in-law, brother-in-law, sister-in-law or significant other.
Twenty-four (24) hours of the paid absence shall be considered "bereavement leave", and any
remaining time shall be from other paid time off available to the employee.
When an employee has exhausted the bereavement leave provided in this section, the employee
may submit a request to his/her Department Head and request additional time off work. If
approved, the employee must use their other accrued paid leave. The employee may elect which
accrued paid leave he/she shall use during the additional leave. However, the employee may not
use more than forty (40) hours of accrued sick leave for bereavement purposes. If the additional
leave approved by the Department Head is longer than forty (40) hours, the employee is required
to use accrued paid leave other than sick leave.
Retirement
CalPERS Non-Sworn Miscellaneous Members (as defined by CalPERS)
a. Non-Sworn Miscellaneous Member employees (as defined by CalPERS) are provided
retirement benefits through the California Public Employees Retirement System
(CalPERS).
TIER 1
Non-sworn Miscellaneous Member employees hired on or before July 14, 2012 are
provided benefits pursuant to the 2.5% @ 55 Benefit Formula (Government Code Section
21354.4), Final Compensation 1 Year (G.C. Section 20042) and Unused Sick Leave Credit
(G.C. Section 20965). The City will pay 3.3% (three point three percent) of the Non-sworn
Miscellaneous Member employee contribution of 8% (eight percent). Non-sworn
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Miscellaneous Member employees will pay the remaining 4.7% (four point seven percent)
of the employee contribution.
TIER 2
Non-sworn Miscellaneous Member employees hired between July 14, 2012 and December
31, 2012, and Non-sworn Miscellaneous Member employees hired on or after January 1,
2013 who meet the definition of a Classic Member under CalPERS, are provided benefits
pursuant to the 2% @ 55 Benefit Formula (G.C. Section 21354), Final Compensation 3 Year
(G.C. Section 20037) and Unused Sick Leave Credit (G.C. Section 20965). The City will
pay 2.3% (two point three percent) of the Non-sworn Miscellaneous Member employee
contribution of 7% (seven percent). Non-sworn Miscellaneous Member employees will pay
the remaining 4.7% (four point seven percent) of the employee contribution.
TIER 3
Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA),
Non-sworn Miscellaneous Member employees hired on or after January 1, 2013 who meet
the definition of a CalPERS new member under PEPRA are provided benefits pursuant to
2% @ 62 Benefit Formula (G.C. Section 7522.20) with Final Compensation 3 Year
(G.C. Section 20037). The Non-sworn Miscellaneous Member employee will pay a
member contribution rate of 50% (fifty percent) of the expected normal cost rate.
b. The City shall provide CalPERS the Post Retirement Survivor benefit for Miscellaneous
Members.
c. Employee contributions shall be contributed to CalPERS on a pre-tax basis.
CalPERS Sworn Safety Members (as defined by CalPERS)
a. Sworn Safety Member employees (as defined by CalPERS) are provided retirement
benefits through the California Public Employees Retirement System (CalPERS).
TIER 1
Sworn Safety Member employees hired on or before July 14, 2012 are provided benefits
pursuant to the 3% @ 50 Benefit Formula (Government Code Section 21362.2), Final
Compensation 1 Year (G.C. Section 20042) and Unused Sick Leave Credit (G.C. Section
20965). The City will pay 0% (zero percent) of the Sworn Safety Member employee
contribution of 9% (nine percent). Sworn Safety Member employees will pay the
employee contribution of 9% (nine percent).
TIER 2
Sworn Safety Member employees hired between July 14, 2012 and December 31, 2012,
and Sworn Safety Member employees hired on or after January 1, 2013 who meet the
definition of a Classic Member under CalPERS, are provided benefits pursuant to the 3%
@ 55 Benefit Formula (G.C. Section 21363.1), Final Compensation 3 Year (G.C. Section
20037) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 0%
(zero percent) of the Sworn Safety Member employee contribution of 9% (nine percent).
Sworn Safety Member employees will pay the employee contribution of 9% (nine percent).
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TIER 3
Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA),
Sworn Safety Member employees including hired on or after January 1, 2013 who meet
the definition of a CalPERS new member under PEPRA are provided benefits pursuant to
the 2.7% @ 57 Benefit Formula (G.C. Section 7522.25(d)) with Final Compensation 3
Year (G.C. Section 20037). The Sworn Safety Member employee will pay a member
contribution rate of 50% (fifty percent) of the expected normal cost rate.
b. The CalPERS retirement for Sworn Safety Members (as defined by CalPERS) includes
Level Four (4) of the 1959 Survivor’s Benefit. The employees shall pay the monthly cost
of the benefit.
c. Employee contributions shall be contributed to CalPERS on a pre-tax basis.
Education Incentive Pay
Employees shall be reimbursed up to $1,600.00 per fiscal year for books, tuition and related
educational expenses for attending college or other professional training, providing the coursework
is job-related, and the employee received a passing grade.
Uniform/Safety Equipment Allowance
a. The City shall provide an annual uniform allowance of eight hundred dollars ($800) for Police
Chief and Commanders, and eight hundred fifty dollars ($850) for the Fire Chief and Battalion
Chiefs. Upon initial hire the employee will receive $800/$850. In the second year the amount
will be prorated based upon the actual number of months employed in the prior year. When
an employee separates from the City the Uniform Allowance will be prorated based upon the
number of months worked in the then current fiscal year.
b. The City will make a lump sum payment of the uniform allowance no later than the second
payday in July.
c. Uniforms damaged on duty shall be replaced as prorated by the Chiefs. Employees are required
to seek reimbursement through the courts with all practical diligence.
d. The City shall make available a bulletproof vest. Employees requesting a vest shall certify that
they will wear the vest at all times, except in extreme climatic conditions. Vests shall be
replaced or refurbished on an as needed basis as determined by the Chief of Police. Employees
already owning a vest shall continue to use them until repair or refurbishment becomes
necessary, as determined by the Chief of Police.
e. Rain boots - The City shall comply with the requirements of CAL/OSHA as it relates to
providing rain gear including rain boots.
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Commitment to Fair and Reasonable Changes to the CalPERS System
The interests of the City and the employees whose positions are covered under this resolution are
generally aligned: both seek fair and reasonable changes to the CalPERS system to ensure
long-term sustainability of the system. Needed State-level changes acceptable to both executive
management and City labor groups are most likely to be initiated by CalPERS member agencies and
labor, working collaboratively.
City and the employees covered under this resolution hereby jointly commit to:
• Request state-level membership organizations (e.g., the League of California Cities,
state-wide labor affiliates) to alert and engage members, to make this issue a priority, and
encourage committing to a set of collaborative solutions;
• Encourage, educate, and engage peers (e.g., other cities, other labor groups) to make this
issue a priority and to lend their voice to our request to state-level membership organizations;
• Jointly analyze options with an open mind as to potential solutions; and
• Other potential collaborative efforts as they arise.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ____th
day of October, 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
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Side Letter of Agreement
City of Atascadero
And
Local 620 Service Employees International Union Atascadero Chapter
October 11, 2023
Pursuant to the provisions of the Meyers-Milias-Brown Act (“MMBA”), and Sections
1.4.b and 6.2 of the Memorandum of Understanding (“MOU”) between the City of
Atascadero (“City”) and the Local 620 Service Employees International Union
Atascadero Chapter (“Union”) effective July 1, 2021 through June 30, 2024
(“MOU”), as amended by Side Letters dated 09/28/21, 9/14/22, and 6/13/23, this
Side Letter of Agreement (“Side Letter Agreement”) is entered into on October 11,
2023, between the City and the Union as an amendment to the MOU. The Union
and the City are collectively referred to herein as the “parties.” It is understood
and agreed that the specific provisions contained in this Side Letter Agreement
shall supersede any previous agreements, whether oral and written, regarding the
matters contained herein. Except as provided herein, all wages, hours and other
terms and conditions of employment presently enjoyed by the Union in the MOU
shall remain in full force and effect.
The City and Union have met and conferred in good faith concerning the terms
and conditions of this Side Letter Agreement and its implementation and agree to
the following:
Section 1.2 Recognition:
a. The City of Atascadero recognizes the Union as the recognized and
exclusive representative for the following classification:
• Senior Recreation Coordinator
Section 4.1 Salary:
All other provisions of the 2021-2024 MOU shall remain in full force and effect.
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
Senior Recreation Coordinator 24 5,405.39 5,675.66 5,959.44 6,257.41 6,570.28
SALARY WORKSHEET
MONTHLY SALARY
Effective October 11, 2023
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Local 620 SEIU Atascadero Chapter
City of Atascadero
Date:
____________________________
Date:
____________________________
By:
____________________________
SEIU
By:
____________________________
James R. Lewis, City Manager
Date:
____________________________
Date:
____________________________
By:
____________________________
SEIU
By:
____________________________
Heather Moreno, Mayor
Date:
____________________________
By:
____________________________
SEIU
Page 40 of 214
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Account Clerk II 4,131.96 4,338.56 4,555.49 4,783.26 5,022.42
Accounting Specialist- Confidential 5,675.66 5,959.44 6,257.41 6,570.28 6,898.79
Administrative Assistant 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44
Administrative Assistant- Confidential 5,147.99 5,405.39 5,675.66 5,959.44 6,257.41
Administrative Services Director 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38
Assistant Planner 5,675.66 5,959.44 6,257.41 6,570.28 6,898.79
Associate Civil Engineer -
Registered Engineer
8,180.99 8,590.04 9,019.54 9,470.52 9,944.05
Associate Civil Engineer/Storm
Water Manager
7,420.40 7,791.42 8,180.99 8,590.04 9,019.54
Associate Planner 6,410.02 6,730.52 7,067.05 7,420.40 7,791.42
Battalion Chief 10,358.19 10,876.10 11,419.91 11,990.91 12,590.46
Building Inspector I 5,537.22 5,814.08 6,104.78 6,410.02 6,730.52
Building Permit Technician 4,447.03 4,669.38 4,902.85 5,147.99 5,405.39
City Manager 18,030.35 18,931.87 19,878.46 20,872.38 21,916.00
Code Enforcement Officer 5,537.22 5,814.08 6,104.78 6,410.02 6,730.52
Community Development Director 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38
Community Services & Promotions Director 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38
Community Services Officer 4,521.64 4,747.72 4,985.11 5,234.37 5,496.09
Deputy Administrative Services Director 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
Deputy City Manager 11,419.91 11,990.91 12,590.46 13,219.98 13,880.98
Deputy Community Development Director 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
Deputy Community Development
Director / Building Official /
Economic Development Director
10,617.14 11,148.00 11,705.40 12,290.67 12,905.20
Deputy Public Works Director 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
Finance Analyst 7,922.68 8,318.81 8,734.75 9,171.49 9,630.06
Finance Technician 5,022.42 5,273.54 5,537.22 5,814.08 6,104.78
Finance Technician- Confidential 5,147.99 5,405.39 5,675.66 5,959.44 6,257.41
Fire Captain 8,174.21 8,582.92 9,012.07 9,462.67 9,935.80
Fire Captain Specialist I 8,255.95 8,668.75 9,102.19 9,557.30 10,035.17
Fire Captain Specialist II 8,337.69 8,754.57 9,192.30 9,651.92 10,134.52
Fire Captain/Paramedic 8,991.63 9,441.21 9,913.27 10,408.93 10,929.38
Fire Captain/Paramedic/Specialist I 9,073.37 9,527.04 10,003.39 10,503.56 11,028.74
Fire Captain/Paramedic/Specialist II 9,155.12 9,612.88 10,093.52 10,598.20 11,128.11
Fire Chief 13,219.98 13,880.98 14,575.03 15,303.78 16,068.97
Fire Engineer 6,893.06 7,237.71 7,599.60 7,979.58 8,378.56
Fire Engineer Specialist I 6,961.99 7,310.09 7,675.59 8,059.37 8,462.34
Fire Engineer Specialist II 7,030.92 7,382.47 7,751.59 8,139.17 8,546.13
Fire Engineer/OIC 7,030.92 7,382.47 7,751.59 8,139.17 8,546.13
Fire Engineer/OIC/Specialist I 7,099.85 7,454.84 7,827.58 8,218.96 8,629.91
Fire Engineer/OIC/Specialist II 7,168.78 7,527.22 7,903.58 8,298.76 8,713.70
Fire Engineer/Paramedic 7,582.37 7,961.49 8,359.56 8,777.54 9,216.42
Fire Engineer/Paramedic/Specialist I 7,651.30 8,033.87 8,435.56 8,857.34 9,300.21
Fire Engineer/Paramedic/OIC 7,720.23 8,106.24 8,511.55 8,937.13 9,383.99
Fire Engineer/Paramedic/Specialist II 7,720.23 8,106.24 8,511.55 8,937.13 9,383.99
Fire Engineer/Paramedic/OIC/Specialist I 7,789.16 8,178.62 8,587.55 9,016.93 9,467.78
Fire Engineer/Paramedic/OIC/Specialist II 7,858.09 8,250.99 8,663.54 9,096.72 9,551.56
Firefighter 6,404.70 6,724.94 7,061.19 7,414.25 7,784.96
Effective October 11, 2023
MONTHLY SALARY
Approved October XX, 2023
ITEM NUMBER: A-3
DATE: 10/10/23
ATTACHMENT: 3
Page 41 of 214
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Effective October 11, 2023
MONTHLY SALARY
Approved October XX, 2023
Firefighter Specialist I 6,468.75 6,792.19 7,131.80 7,488.39 7,862.81
Firefighter Specialist II 6,532.79 6,859.43 7,202.40 7,562.52 7,940.65
Firefighter/FEO 6,532.79 6,859.43 7,202.40 7,562.52 7,940.65
Firefighter/FEO/Specialist I 6,596.84 6,926.68 7,273.01 7,636.66 8,018.49
Firefighter/FEO/Specialist II 6,660.89 6,993.93 7,343.63 7,710.81 8,096.35
Firefighter/Paramedic 7,045.17 7,397.43 7,767.30 8,155.67 8,563.45
Firefighter/Paramedic/Specialist I 7,109.22 7,464.68 7,837.91 8,229.81 8,641.30
Firefighter/Paramedic/FEO 7,173.26 7,531.92 7,908.52 8,303.95 8,719.15
Firefighter/Paramedic/Specialist II 7,173.26 7,531.92 7,908.52 8,303.95 8,719.15
Firefighter/Paramedic/FEO/Specialist I 7,237.31 7,599.18 7,979.14 8,378.10 8,797.01
Firefighter/Paramedic/FEO/Specialist II 7,301.36 7,666.43 8,049.75 8,452.24 8,874.85
Human Resources Manager 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
Inspector 5,147.99 5,405.39 5,675.66 5,959.44 6,257.41
Lead Maintenance Worker 4,783.26 5,022.42 5,273.54 5,537.22 5,814.08
Lead Zookeeper 4,669.38 4,902.85 5,147.99 5,405.39 5,675.66
Maintenance Worker I 3,747.81 3,935.20 4,131.96 4,338.56 4,555.49
Maintenance Worker II 4,338.56 4,555.49 4,783.26 5,022.42 5,273.54
Network Analyst 6,257.41 6,570.28 6,898.79 7,243.73 7,605.92
Office Assistant II 3,841.51 4,033.59 4,235.27 4,447.03 4,669.38
Office Assistant III 4,131.96 4,338.56 4,555.49 4,783.26 5,022.42
Planning Manager 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
Police Chief 14,575.03 15,303.78 16,068.97 16,872.42 17,716.04
Police Commander 10,358.19 10,876.10 11,419.91 11,990.91 12,590.46
Police Corporal 7,770.35 8,158.86 8,566.80 8,995.14 9,444.90
Police Corporal - Intermediate POST 7,964.61 8,362.84 8,780.98 9,220.03 9,681.03
Police Corporal- Advanced POST 8,158.86 8,566.80 8,995.14 9,444.90 9,917.15
Police Lead Records Technician 5,633.48 5,915.15 6,210.91 6,521.46 6,847.53
Police Level 3 Reserve Officer 7,047.93 7,400.33 n/a n/a n/a
Police Officer 7,047.93 7,400.33 7,770.35 8,158.87 8,566.81
Police Officer - Intermediate POST 7,224.13 7,585.34 7,964.61 8,362.84 8,780.98
Police Officer - Advanced POST 7,400.33 7,770.35 8,158.87 8,566.81 8,995.15
Police Officer Recruit 5,496.09 n/a n/a n/a n/a
Police Sergeant 9,029.20 9,480.66 9,954.69 10,452.42 10,975.04
Police Sergeant - Advanced POST 9,254.93 9,717.68 10,203.56 10,713.74 11,249.43
Police Sergeant - Supervisory POST 9,480.66 9,954.69 10,452.42 10,975.04 11,523.79
Public Safety Dispatcher 5,496.09 5,770.89 6,059.43 6,362.40 6,680.52
Public Safety Dispatcher - EMD 5,546.09 5,823.39 6,114.56 6,420.29 6,741.30
Public Safety Dispatcher w/Longevity 5,770.89 6,059.43 6,362.40 6,680.52 7,014.55
Public Safety Dispatcher - EMD
with Longevity
5,820.89 6,111.93 6,417.53 6,738.41 7,075.33
Public Safety Lead Dispatcher 6,059.43 6,362.40 6,680.52 7,014.55 7,365.28
Public Safety Lead Dispatcher
- EMD
6,109.43 6,414.90 6,735.65 7,072.44 7,426.06
Public Safety Lead Dispatcher
w/ Longevity
6,362.40 6,680.52 7,014.55 7,365.28 7,733.54
Public Safety Lead Dispatcher
- EMD with Longevity
6,412.40 6,733.02 7,069.68 7,423.17 7,794.32
Public Works Analyst 7,922.68 8,318.81 8,734.75 9,171.49 9,630.06
Public Works Director 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38
ITEM NUMBER: A-3
DATE: 10/10/23
ATTACHMENT: 3
Page 42 of 214
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Effective October 11, 2023
MONTHLY SALARY
Approved October XX, 2023
Public Works Inspector 5,814.08 6,104.78 6,410.02 6,730.52 7,067.05
Public Works Operations Manager 7,605.91 7,986.21 8,385.52 8,804.80 9,245.04
Recreation Coordinator 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44
Recreation Supervisor 5,959.43 6,257.40 6,570.27 6,898.78 7,243.72
Senior Building Inspector 7,067.05 7,420.40 7,791.42 8,180.99 8,590.04
Senior Planner 7,420.40 7,791.42 8,180.99 8,590.04 9,019.54
Senior Property Evidence Specialist 7,365.28 7,733.54 8,120.22 8,526.23 8,952.54
Senior Property Evidence Specialist- EMD 7,415.28 7,786.04 8,175.35 8,584.12 9,013.32
Senior Property Evidence Specialist
w/Longevity
7,733.54 8,120.22 8,526.23 8,952.54 9,400.17
Senior Property Evidence Specialist
- EMD with Longevity
7,783.54 8,172.72 8,581.36 9,010.43 9,460.95
Senior Recreation Coordinator 5,405.39 5,675.66 5,959.44 6,257.41 6,570.28
Systems Administrator III 7,067.05 7,420.40 7,791.42 8,180.99 8,590.04
Technical Support Specialist II 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44
Website and Social Media Technician 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44
WWTP Operator in Training 3,935.20 4,131.96 4,338.56 4,555.49 4,783.26
WWTP Operator I 4,669.38 4,902.85 5,147.99 5,405.39 5,675.66
WWTP Operator II 5,405.39 5,675.66 5,959.44 6,257.41 6,570.28
Zoo Director 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91
Zoo Education Curator 3,747.81 3,935.20 4,131.96 4,338.56 4,555.49
Zoo Supervisor 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44
Zookeeper I 3,747.81 3,935.20 4,131.96 4,338.56 4,555.49
ITEM NUMBER: A-3
DATE: 10/10/23
ATTACHMENT: 3
Page 43 of 214
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
10/10/23
4
EMPLOYMENT AGREEMENT
COMMUNITY SERVICES & PROMOTIONS DIRECTOR
THIS AGREEMENT, (hereinafter referred to as the “Agreement”) was made and entered into the
October 11, 2023 by and between the City of Atascadero, County of San Luis Obispo, State of
California, a municipal corporation (hereinafter referred to as the “City”) and Terrie Banish
(hereinafter referred to as “Banish”).
SECTION 1 EMPLOYMENT
A. The City agrees to and shall employ Banish as the Community Services & Promotions
Director of the City of Atascadero. Banish agrees to perform the functions and duties of the
position of Community Services & Promotions Director of the City of Atascadero as described by
state law, the Municipal Code of the City of Atascadero, the job description of the position of
Community Services & Promotions Director as developed by the City Manager of the City, and all
other duties and functions as the City Manager of the City shall from time to time assign.
B. Banish agrees to perform all such functions and duties to the best of her abilities and in
a competent and efficient manner. Banish agrees to focus her full professional time, ability and
attention to City business during the term of this Agreement and agrees not to engage in any other
business pursuits whatsoever or, directly or indirectly, render any services of a business,
commercial or professional nature to any other person or organization, whether for compensation
or otherwise, without the prior written consent of the City Manager. However, Banish shall be
permitted to provide incidental support to any business owned by Banish in whole or in part.
SECTION 2 TERM
A. Banish shall serve at the will and pleasure of the City Manager. Nothing in this
Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to
terminate the employment of Banish at any time and for any reason, or for no reason, subject only
to the provisions specified in Section 3 of this Agreement.
B. This Agreement shall become effective on October 11, 2023, and unless otherwise
terminated under the provisions of Section 3, shall remain in effect indefinitely.
C. Nothing in this Section shall or is intended to prevent, limit or otherwise interfere with
the right of the City or Banish to terminate the employment of Banish prior to the expiration of this
Agreement, or any extension thereof, in accordance with Section 3 of this Agreement.
SECTION 3 TERMINATION
A. The City Manager and Banish may agree mutually in writing to terminate Banish's
employment.
B. The City may terminate Banish’s employment at any time without cause. In the event
that Banish is terminated by the City, and Banish is otherwise ready, willing and able to perform
her duties under this Agreement, the City shall pay Banish severance compensation equal to six (6)
months of salary and benefits. In consideration of this severance payment, Banish agrees that she
shall not be entitled to any other payment or compensation of any kind from the City in connection
with the termination of her employment.
Page 44 of 214
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
10/10/23
4
C. Banish may terminate her employment at any time for any reason by providing 90 days
prior written notice to the City Manager. In the event that Banish provides such written notice, she
shall be entitled to receive at the termination of this employment only such accrued unused and
other such benefits as may be due and payable under applicable City rule, regulation or policy,
and/or under applicable local, state or federal law. Banish shall not, however, be entitled to any
severance pay or other compensation at the termination of her employment. During the period
subsequent to Banish’s submission of her notice terminating her employment, she shall continue
to perform her duties as Community Services & Promotions Director pursuant to this Agreement
unless removed from those duties and/or terminated by the City Manager pursuant to the terms of
this Agreement. However, in the event that Banish is then removed from those duties and/or
terminated by the City Manager, Banish shall continue to receive compensation in the form of
salary and benefits through the completion of the 90 (ninety) day notice period.
D. The City Manager may terminate Banish’s employment for cause. In the event that
Banish is terminated for cause, she shall not be entitled to the payment of any severance pay or
compensation, other than the payment of accrued unused vacation leave. In the event that Banish
is terminated for cause, Banish shall be entitled to prior written notification of the reason(s) for the
termination, the facts upon which such reason(s) are based, copies of all supporting evidence and
investigations regarding the facts and reason(s) for the termination, and the right to respond,
orally or in writing or both, to the City Manager within five (5) working days of receipt of the notice
of such termination. Furthermore, if requested by Banish, Banish shall have the right to a hearing
before the City of Atascadero City Council which shall be a hearing de novo. In the event the
decision to terminate for cause is reversed by the City Council and the City Manager terminates
Banish’s employment without cause, the terms of Subsection B hereof shall apply.
E. The City Manager and/or Banish may terminate this Agreement in the event that Banish
has been unable to perform the essential functions of her position due to disability for a period of
three (3) months and it is medically determined that Banish is permanently disabled from
performing the essential functions of her position.
1. A determination that Banish is permanently disabled shall be made by the City
Manager based upon competent medical evidence and evaluation and in accord with the
applicable state and federal laws pertaining to the protection of disabled persons and in
accord with the laws governing the City’s membership in CalPERS.
2. In the event it is determined by the City Manger that a question exists as to
Banish’s ability to perform the essential functions of her position, based upon objective
facts, the City Manager may require Banish to undergo a fitness for duty examination.
Nothing in this subsection shall obligate Banish to waive her right to privacy under
California Civil Code § 56.10(c)(8), nor shall the City seek any report pursuant to this
subsection beyond that to which it would be entitled under California Civil Code §
56.10(c)(8).
F. In the event Banish is convicted of a crime involving an abuse of her office or position
as defined in California Government Code section 53243.4, Banish shall be required to fully
reimburse the City in accordance with California Government Code sections 53243, 53243.1, and/or
53243.2.
SECTION 4 SALARY AND COMPENSATION
A. Effective upon the commencement of this Agreement, the City shall pay to Banish a
base salary within the range established for the Community Services & Promotions Director. This
Page 45 of 214
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
10/10/23
4
salary shall be paid on a pro rata basis in regular installments pursuant to the City’s normal payroll
procedures.
B. The City Manager may set forth annually in writing certain goals consisting of
duties and responsibilities above and beyond Banish’s ordinary duties and responsibilities. In the
event that Banish achieves such goals, she may be entitled to receive other compensation in
addition to her regular salary and benefits. The City Manager shall set forth the amount of
additional compensation to which Banish would be entitled in the same writing setting forth the
annual goals. Any such additional compensation will be at the discretion of the City Manager with
the approval of the City Council if necessary.
C. The City shall deduct or withhold from Banish’s salary any and all sums as Banish may
from time to time direct, or as required by law, including, but not limited to, sums for the payment
of federal, state and/or local income taxes and retirement or pension plans.
D. In addition to the compensation set forth above, Banish shall be entitled to receive the
benefits as set forth in the City Council Resolution establishing compensation and benefits for
Management.
E. In its sole discretion, the City may increase Banish’s base salary and/or other benefits
beyond those set forth in this Agreement in such amounts and/or to such an extent as may be
recommended by the City Manager on the basis of a salary review made at least annually by the
City Manager. Any such increases shall be subject to the approval of the City of Atascadero City
Council as required.
F. The City shall budget for and pay the travel and subsistence expenses of Banish’s for a
reasonable number of local, state and national conferences relevant to her duties and
responsibilities as Community Services & Promotions Director with the approval of the City
Manager.
G. Banish shall receive three hundred dollars ($300.00) each month as an automobile
allowance. The allowance is in exchange for employee making available (1) for her own use a
personal automobile, and (2) her use of her personal automobile for City related business and/or
functions during, before and after normal work hours. Employee is not precluded from using City
vehicles for City business during, before and after the normal workday. A City vehicle will not be
provided to Employee for her exclusive use and no City vehicle shall be utilized by Employee for
commuting purposes.
H. The City Manager shall fix any other terms and conditions of employment relating to
Banish’s performance as the City Manager may from time to time determine, provided that such
other terms and conditions of employment are not contrary to or inconsistent with the terms set
forth in this Agreement, the City’s rules, regulations and ordinances, local, state and/or federal law.
I. Any provisions of the City code, rules, regulations and ordinances relating to
management employee benefits as they now exist or may later be amended shall also apply to
Banish, in addition to any benefits set forth in this Agreement, except as those provisions of the
City code, rules, regulations and ordinances relating to management employee benefits may
conflict or be inconsistent with the terms of this agreement, in which case the terms of this
Agreement shall control.
Page 46 of 214
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
10/10/23
4
SECTION 5 PERFORMANCE EVALUATION
A. Annually, the City Manager, with the assistance of Banish, may define such goals
and performance objectives which the City Manager determines necessary for the proper
operation of City’s Community Services & Promotions Department and shall further establish a
relative priority among those various goals and objectives. These goals and objectives shall be
reduced in writing and should be reasonably attainable within the time limitations specified by the
City Manager and in light of the appropriations provided through the annual operating and capital
budgets.
B. The City Manager shall review and evaluate Banish’s performance annually. This review
and evaluation shall take into account any goals that may have been developed by the City
Manager, as well as Banish’s performance of other functions and duties. The City Manager shall
provide to Banish a summary written statement of the evaluation and shall provide Banish with
the opportunity to discuss the evaluation with the City Manager.
SECTION 6 GENERAL PROVISIONS
A. This Agreement constitutes the sole understanding and agreement of the City and
Banish with respect to the matters set forth herein and supersedes any and all prior negotiations,
statements, instructions, representations or agreements, whether written or oral.
B. The parties agree and acknowledge that no representations, inducements, promises or
agreements, oral or otherwise, have been made by any party, or by anyone acting on behalf of any
party, which are not contained herein and that any agreement, statement or promise not contained
in this Agreement shall not be valid or binding on either party.
C. Any amendment to this Agreement shall be valid only if in writing approved and signed
by both parties, unless otherwise specified in this Agreement.
D. If any provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force
and effect.
E. If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs in
addition to any other relief to which that party may be entitled.
F. This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date
and year first written above.
City: Banish:
_____________________________________ _____________________________________
James R. Lewis Terrie Banish
City Manager Community Services & Promotions Director
Page 47 of 214
ITEM NUMBER: A-4
DATE: 10/10/23
Atascadero City Council
Staff Report - Public Works Department
Revegetation Contract Award for the
Santa Lucia Road Bridge Replacement Project
RECOMMENDATION:
Council award a construction contract for $628,027 to Quincon, Inc. for the revegetation
phase of the Santa Lucia Road Bridge Replacement Project (City Project No.
C2015B03[2], Federal Project No. BRLO-5423[029]).
DISCUSSION:
Background:
Environmental permits for the Santa Lucia Road Bridge Replacement Project over Graves
Creek require revegetation of areas disturbed by the bridge construction, as well as
replanting of removed vegetation at specified ratios. Pre-construction tree removal work
commenced in January 2023 and bridge construction work commenced the following
June. Bridge work within the jurisdictional area (top of banks) is on schedule to be
completed prior to October 31, 2023. Following completion of the bridge structure, the
bridge contractor (Souza Construction) will have remaining roadway approach work and
other miscellaneous closeout items that are expected to continue through mid-November
2023.
Permits required for this project included a 401 Certification from the Regional Water
Quality Control Board, a Lake and Streambed Alteration Agreement (LSAA) from the
California Department of Fish and Wildlife, and a Section 404 Permit from the US Army
Corps of Engineers. Each of these permits require protective measures taken during
construction, as well as environmental mitigation (replanting) following completion of
bridge construction. Along with the initial planting, the City (as the permittee) is required
under the permits to maintain or contract maintenance to ensure survival of plantings for
five years. Other requirements include monitoring and annual reporting to the permitting
agencies.
Public construction projects typically require the contractors to warranty their work for one
year following final completion of the project. Since permit conditions require revegetation
work to occur over five years after construction, this revegetation work was bid out as a
separate project from the bridge construction.
Bid Analysis:
The revegetation project was publicly bid on August 28, 2023, for a minimum of 30 days
in accordance with State Contracting Laws and City of Atascadero Purchasing Policies.
A public bid opening occurred on September 28, 2023, with a single bid received from
Page 48 of 214
ITEM NUMBER: A-4
DATE: 10/10/23
Quincon, Inc. for $628,027. The bid was reviewed for accuracy and compliance with
project bidding requirements, and the City Engineer has determined that Quincon, Inc. of
Grover Beach is the lowest responsive bidder at $628,027.
Although the bid for this work was significantly higher than the Engineer’s Estimate, the
Santa Lucia Road Bridge Replacement Project does have sufficient funds for this work.
The bridge construction project is currently at or below the initial contract amount with
approximately 50% the costs completed, and the majority of the higher-risk work items
(excavation, piles, foundations) complete. As such, staff recommends lowering the
reserved construction contingency to 8% at this time as shown in the estimated
expenditures table below.
An evaluation of the bid revealed that the majority of the costs are associated with the
five-year maintenance of the plantings. Since there is not a water source at the site, the
contractor will be required to truck water to the site for irrigation, and the location is a
significant distance from the town center. It is likely that if this work was added to the
primary bridge contract, it would be substantially higher due to prime contractor markup
and the ongoing management of the work by the prime contractor. The overall
construction costs (bridge contract + revegetation contract) of $4,189,711 is expected to
remain below the Engineer’s Estimate of $4,292,200.
ENVIRONMENTAL REVIEW:
The proposed project is a Mitigated Negative Declaration (MND) 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.) The CEQA Admin Final is on file in the project records.
FISCAL IMPACT:
The fiscal impact of this award is the expenditure of $628,027 in Highway Bridge
Replacement and Rehabilitation Program (HBRRP) grant funds. The Santa Lucia Road
Bridge project is 100% funded with HBRRP grant funding. The current projected uses
and sources of funds for the project are as follows:
ESTIMATED EXPENDITURES
Design and Bid Phase $ 777,500
Right-of-Way Acquisition and Utility Relocations 347,000
Construction Contract 3,561,684
Construction Engineering / Testing / Administration 785,000
Construction Contingency @ 7.5% 267,126
Revegetation Construction Contract 628,027
Revegetation Construction Contingency (10%) 62,803
Revegetation Administration 33,110
Total Estimated Expenditures: $ 6,462,250
BUDGETED FUNDING SOURCES
Highway Bridge Replacement and Rehabilitation Program Grant $6,462,250
Total Budgeted Funding Sources: $6,462,250
Page 49 of 214
ITEM NUMBER: A-4
DATE: 10/10/23
Should costs exceed the total budgeted amount, the City may request a post-construction
adjustment for actual construction costs.
ALTERNATIVES:
Staff does not recommend any alternatives. Council may direct staff to rebid the project,
however, revegetation of the site is required by the environmental permits and vegetation
will have the best opportunity to be established if planted prior to the upcoming rainy
season.
ATTACHMENT:
1. Bid Summary
Page 50 of 214
ITEM NUMBER: A-4 DATE: 10/10/23ATTACHMENT: 1 Page 51 of 214
ITEM NUMBER: A-5
DATE: 10/10/23
Atascadero City Council
Staff Report - Public Works Department
Revegetation Contract Award for the
Via Avenue Bridge Replacement Project
RECOMMENDATION:
Council award a construction contract for $767,933 to Quincon, Inc. for the revegetation
phase of the Via Avenue Bridge Replacement Project (City Project No. C2015B02[2],
Federal Project No. BRLS-5423[032]).
DISCUSSION:
Background:
Environmental permits for the Via Avenue Bridge Replacement Project over Atascadero
Creek require revegetation of areas disturbed by the bridge construction, as well as
replanting of removed vegetation at specified ratios. Construction on the bridge
commenced in May 2023 and bridge work within the jurisdictional area (top of banks) is
on schedule to be completed prior to October 31, 2023. Following completion of the
bridge structure, the bridge contractor (Souza Construction) will have remaining roadway
approach work and other miscellaneous closeout items that are expected to continue
through mid-November 2023.
Permits required for this project included a 401 Certification from the Regional Water
Quality Control Board, a Lake and Streambed Alteration Agreement (LSAA) from the
California Department of Fish and Wildlife, and a Section 404 Permit from the US Army
Corps of Engineers. Each of these permits require protective measures taken during
construction, as well as environmental mitigation (replanting) following completion of
bridge construction. Along with the initial planting, the City (as the permittee) is required
under the permits to maintain or contract maintenance to ensure survival of plantings for
five years. Other requirements include monitoring and annual reporting to the permitting
agencies. Due to space limitations at the Via Avenue Bridge site, revegetation for this
project will have both an on-site and off-site component.
Public construction projects typically require the contractors to warranty their work for one
year following final completion of the project. Since permit conditions require revegetation
work to occur over five years after construction, this revegetation work was bid out as a
separate project from the bridge construction.
Bid Analysis
The revegetation project was publicly bid on August 28, 2023, for a minimum of 30 days
in accordance with State Contracting Laws and City of Atascadero Purchasing Policies.
A public bid opening occurred on September 28, 2023, with a single bid received from
Page 52 of 214
ITEM NUMBER: A-5
DATE: 10/10/23
Quincon, Inc. for $767,933. The bid was reviewed for accuracy and compliance with
project bidding requirements, and the City Engineer has determined that Quincon, Inc. of
Grover Beach is the lowest responsive bidder at $767,933.
Although the bid for this work was significantly higher than the engineer’s estimate, the
Via Avenue Bridge Replacement Project does have sufficient funds for this work. The
bridge construction project is currently at or below the initial contract amount, with
approximately 50% the costs completed, and the majority of the higher-risk work items
(excavation, piles, foundations) complete.
An evaluation of the bid revealed that the majority of the costs are associated with the
five-year maintenance of the plantings. Since there is not a water source at the site, the
contractor will be required to truck water to the site for irrigation. Additionally, the Via
Avenue Bridge Replacement Project has two separate mitigation locations, increasing
project costs. It is likely that if this work was added to the primary bridge contract, it would
be substantially higher due to prime contractor markup and the ongoing management of
the work by the prime contractor. The overall property construction costs (bridge contract
+ revegetation contract) of $3,914,562 remain below the engineer’s estimate of
$4,247,622.
ENVIRONMENTAL REVIEW:
The proposed project is a Mitigated Negative Declaration (MND) 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.) The CEQA Admin Final is on file in the project records.
FISCAL IMPACT:
The fiscal impact of this award is $679,851 in Highway Bridge Replacement and
Rehabilitation Program (HBRRP) grant funds and $88,082 in Local Transportation Funds
(LTF). The Via Avenue Bridge project is funded with HBRRP grant funding, which cover
88.53% of total costs with the remaining local share of 11.47% paid by the City. The
current projected uses and sources of funds for the project are as follows:
ESTIMATED EXPENDITURES
Design and Bid Phase $ 675,000
Right-of-Way Acquisition and Utility Relocations 255,000
Construction Contract 3,146,629
Construction Engineering / Testing / Administration 800,000
Construction Contingency @ 10% 314,663
Revegetation Construction Contract 767,933
Revegetation Construction Contingency (10%) 76,793
Revegetation Administration 35,000
Additional Project Contingency 158,982
Total Estimated Expenditures: $ 6,230,000
ESTIMATED FUNDING SOURCES
Highway Bridge Replacement and Rehabilitation Program Grant $5,515,420
Local Transportation Funds $714,580
Total Budgeted Funding Sources: $6,230,000
Page 53 of 214
ITEM NUMBER: A-5
DATE: 10/10/23
Should costs exceed the total budgeted amount, the City may request a post-construction
adjustment for actual construction costs.
ALTERNATIVES:
Staff does not recommend any alternatives. Council may direct staff to rebid the project,
however, revegetation of the site is required by the environmental permits and vegetation
will have the best opportunity to be established if planted prior to the upcoming rainy
season.
ATTACHMENT:
1. Bid Summary
Page 54 of 214
ITEM NUMBER: A-5 DATE: 10/10/23ATTACHMENT: 1 Page 55 of 214
ITEM NUMBER: A-6
DATE: 10/10/23
Atascadero City Council
Staff Report – City Attorney
City Attorney Services – Request for Proposals
RECOMMENDATION:
Council authorize the City Manager to issue a Request for Proposals for City Attorney
services and to appoint Karl Berger, of Burke, Williams & Sorensen, as Interim City
Attorney.
DISCUSSION:
On November 27, 2007, the City Council approved retaining the law firm of Burke,
Williams & Sorensen (“Burke”) to provide City Attorney services and appointed Brian
Pierik, a partner in the Burke firm, to serve as the City Attorney.
Brian Pierik has advised that he is reducing the scope of his legal practice and,
consequently, the City will need to appoint a new City Attorney.
The recommendation is for the City Council to authorize the City Manager to issue a
Request for Proposals for City Attorney services and to appoint Karl Berger, a partner in
the Burke firm, to serve as Interim City Attorney commencing October 10, 2023. Mr.
Berger is an experienced City Attorney and currently serves as the City Attorney for the
City of Monterey Park and the City of Bellflower.
FISCAL IMPACT:
None
ALTERNATIVES:
Other direction as determined appropriate by the City Council.
ATTACHMENT:
1. Karl Berger Bio
Page 56 of 214
PRACTICE GROUPS
Public
EDUCATION
J.D., Creighton University School of Law, 1995
B.A., University of California, Davis, 1991
ADMISSIONS
State Bar of California
State Bar of California
United States District Court for the Central District of California
United States District Court for the Southern District of California
RECOGNITIONS
Named “Rising Star” by Super Lawyers magazine in 2006, 2007, 2008
Karl H. Berger
Partner Los Angeles 444 South Flower Street, Suite 2400 Los Angeles, California 90071
Karl Berger's more than twenty-five years of practicing law are exclusively devoted to representing public agencies. He is the City Attorney for the City of Bellflower; the City Attorney for the City of Monterey Park; and the General Counsel for the Carpinteria Sanitary District. Additionally, Karl is the Assistant City Attorney for the City of Santa Clarita and provides regular legal services for the cities of Atascadero and Carmel-by-the-Sea.
Karl previously served as the City Attorney for Santa Paula; Acting City Attorney for the City of Port Hueneme; Deputy City Attorney for the City of Port Hueneme; Assistant City Attorney for the cities of El Segundo, Santa
Clarita, and Camarillo; Assistant City Attorney for the City of San Buenaventura; and research attorney for the City of El Cajon. He previously served as General Counsel for the Montecito Sanitary District and Lamont Public Utility District.
In addition to these appointed public official positions, Karl provides special counsel services to dozens of public agencies. Most recently he was special counsel for the cities of Brentwood, Evanston, Goleta, Santa Paula and Simi Valley; he is also special counsel for the Lamont Public Utility District.
Karl is knowledgeable in a wide range of public law areas, including conflicts of interest, open meeting laws, public works contracts, redevelopment and successor agencies, personnel matters, all aspects of land use and planning laws, and CEQA.
Karl currently serves as a member of the Legal Advocacy Executive Committee. He previously served on the Housing, Community & Economic Development Policy Committee with the League of California Cities. Karl.is also a contributing author for the Municipal Law Handbook (League of California Cities) and author for the Charter City Project (Institute for Local Government).
BURKE, WILLIAMS & SORENSEN, LLP
ITEM NUMBER: A-6
DATE: 10/10/23
ATTACHMENT: 1
Page 57 of 214
ITEM NUMBER: B-1
DATE: 10/10/23
Atascadero City Council
Staff Report - Community Development Department
Appeal of Grand Oaks Paseo Common Area Amendment
Grand Oaks Paseo
RECOMMENDATIONS:
Council:
1. Adopt Draft Resolution A, affirming the Planning Commission’s approval of
amendments to the Grand Oaks Paseo project master plan of development to
allow modifications to the common amenity space (Attachment 8).
a. Modifications to the conditions of approval related to amenities, timing, etc.
can be included.
OR
2. Adopt Draft Resolution B, reversing the Planning Commission’s action and denying
amendments to the Grand Oaks Paseo project master plan of development to
allow modifications to the common amenity space (Attachment 9).
REPORT-IN-BRIEF:
The Grand Oaks Paseo development was approved by the City Council in November
2019. The project included a small-lot cottage residential subdivision with common area
amenities and live-work units with ground floor commercial space along the El Camino
Real frontage in the commercial zone. A total of 26 cottage units and 4 live-work units
were approved. The project included approval of a custom Planned Development Overlay
Zone to allow for the small lot subdivision and subsequent sale of each unit. As part of
the project approval, the Council found that the project met the special findings for
approval of the Planned Development Overlay Zone, including:
• The provision of affordable housing
• High quality architectural design
• High quality landscape design
• Higher density to meet Housing Element goals
Construction began in 2020 with approximately 50% of the units complete to date. The
live-work portion of the project has not been started. During the time of construction, the
project encountered challenges associated with the COVID pandemic, unstable
construction material costs and availability, and above normal rainfall. During this time,
Page 58 of 214
ITEM NUMBER: B-1
DATE: 10/10/23
the applicants continued to purchase and improve other properties inside and outside the
City with construction crews diverted to other projects. These factors contributed to a
substantially delayed completion schedule. The developers are requesting modifications
to the approved Master Plan of Development to reduce the common residential amenities
as a cost savings measure.
The applicants requested:
1. Amendments to the common central open space areas to remove a proposed
deck and instead install mulch, a fire pit, and barbeque; and
2. Elimination of the community building to be replaced with a dog run and passive
seating area.
On September 5, 2023, the Planning Commission (the Commission) reviewed the project
and voted 7-0 to approve amendments to only the central common open space area with
modified conditions related to completion timing. The Commission did not take action on
the elimination of the community building and instead asked the applicant to return with
a new proposal after vetting options with the HOA. At the hearing, members of the HOA
spoke in opposition to the amendments and noted that the removal of the Community
Building would remove amenities that are critical to homeowners due to the small size of
the residences.
On September 19, 2023, an appeal was received from Council Member Heather Newsom
on the basis that the amendments may be inconsistent with the character of the
neighborhood or may or may not be contrary to the orderly development of the project, and
therefore, necessitates being raised to the level of City Council review (Attachment 4).
DISCUSSION:
Existing Project Entitlement
The existing Master Plan of Development was designed with two main resident amenity
spaces:
1. The central open space; and
2. A community building adjacent to the El Camino Real frontage (Attachment 6).
The central community space was originally approved with a deck surrounding the large
oak trees at the center of the site. Adjacent to this area was a residential cottage that the
applicants decided not to construct to allow more openness in the unit layout. During the
construction process, one of the central mature oak trees died due to extensive site
grading, root exposure, and a prolonged heat wave, and was removed. The remaining
oak tree is in a state of decline at this time and an arborist has recommended that minimal
improvements be located under the tree.
The Community Building was proposed on a separate parcel and was intended to provide
a space for larger events and gathering for members of the Grand Oaks Paseo
community, with the opportunity to be rented out to the larger public and provide an
income source, either for the property owner or HOA. The space included a kitchen and
Page 59 of 214
ITEM NUMBER: B-1
DATE: 10/10/23
dining/gathering space with meeting room areas to support remote workers and potential
tenants of the live-work spaces. It is important to note that the community building is within
a commercial zoned portion of the planned development.
Revised Community Amenity Proposal: Central Area
A concrete patio space is proposed where the additional residential unit would have been.
This patio is designed with a propane BBQ and counter area, gathering space with tables
and chairs, and propane firepit with seating. This new area would be flat with a retaining
wall along the western edge to accommodate access from the surrounding units and
create a more usable space. Informal seating areas are proposed under the remaining
oak tree with mulch to reduce impacts to the rootzone as much as possible.
The applicant submitted labeled plans prior to the Commission’s hearing. While not
specifically called out, the plans also show a trellis or covered area above the fire pit and
seating area to provide shade. No elevations were submitted to know if the roof material
was intended to be open lattice or solid.
Central Common
Open Space Area
Area of deleted
cottage and proposed
patio space (Lot 14)
Community Building
Parcel (Lot 30)
Page 60 of 214
ITEM NUMBER: B-1
DATE: 10/10/23
Planning Commission’s discussion and decision included the following actions:
- Staff recommended installation of a gas line to the BBQ. This condition was revised
to allow for a portable propane tank that would need to be periodically replaced.
- A sink tied into the sewer line was discussed adjacent to the BBQ and was
endorsed by HOA members. Planning Commission’s approval did not include this
feature
- Staff recommended linking completion of the amenity space to final occupancy of
the 4 units nearing completion. Planning Commission’s approval modified
completion timing to prior to frame inspection of two future additional units that had
not yet been constructed. Permits were issued for those units the day of the
Planning Commission hearing.
Revised Community Amenity Proposal: Community Building
The construction of the 1,900 square foot community building has become financially
infeasible for the developers. In order to continue construction on the remaining units,
including the live-work building, the developer is requesting replacement of the
community building with an additional outdoor amenity space. The proposal includes
paved gathering space surrounding a large at-grade planter. This planter could
accommodate a large shade tree. Permanent benches would be installed surrounding the
planter. A narrow dog run/pet area is also proposed. As there is a grade change from the
sidewalk to the adjacent residential cottages, retaining walls will be required.
New patio space
Informal seating
areas
Page 61 of 214
ITEM NUMBER: B-1
DATE: 10/10/23
The Planning Commission voted to continue this portion of the amendment to their
second meeting in October with direction to return with revisions and greater resident
input.
Findings
As an amendment to the Master Pan of Development the Council must make the following
findings to approve the amendments:
1. The proposed project or use is consistent with the General Plan; and
2. The proposed project or use satisfies all applicable provisions of this title; and
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety or welfare of the general public or persons
residing or working in the neighborhood of the use, or be detrimental or injurious
to property or improvements in the vicinity of the use; and
4. The proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development; and
5. The proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of
the surrounding neighborhood that would result from full development in
accordance with the land use element; and
6. The proposed project is in compliance with any pertinent City policy or criteria
adopted by ordinance or resolution of the City Council
Page 62 of 214
ITEM NUMBER: B-1
DATE: 10/10/23
In addition, because this project is part of a Planned Development, the following additional
findings must be made:
7. The project provides high quality landscape design.
The Council can modify conditions of approval to enhance the ability of the proposal to
meet the above findings. If one of these findings cannot be made, the project cannot be
approved. If the Council votes to reverse the Planning Commission action, the finding that
cannot be made should be clearly stated and reasoning given.
Staff Recommended Conditions
Staff has heard a lot of concern expressed about project timing from current and potential
future residents. Based on this feedback, staff recommends adding the below conditions
to project timing if Council affirms the Planning Commission’s approval of the
amendments to the Grand Oaks Paseo project master plan of development to allow
modifications to the common amenity space.
• Require merger of the proposed central open space patio area parcel into the
common HOA parcel. (The location of the proposed central open space patio
feature is on a separate parcel originally proposed for another cottage.)
• Require completion of the central common open space area prior to final of any
additional units.
• Require completion of any approved improvements to the community
building/modified common space parcel prior to final of any additional units beyond
the final of lots 17, 18, 19, and 20.
• Require completion of the live-work units and carport/bike storage prior to final of
any additional units beyond the final of lots 17, 18, 19, 20, 22 and 23.
With these recommendations, the project completion order would be:
1. Completion of central open space area and recordation of lot merger of proposed
central open space patio area parcel into the common HOA parcel.
2. Completion of 2 cottage units (including 1 remaining affordable unit) and any
approved improvements to the community building/modified common space
parcel.
3. Completion of the live-work units and carport/bike storage.
4. Completion of remaining 3 cottages.
Conclusion
The Grand Oaks Project is partially complete with 16 of the cottage units sold and
construction nearing or at completion on 4 additional units. Permits were pulled for 2
additional units, including the last deed restricted affordable unit on September 5, 2023.
Construction has not begun on the remaining 3 cottages nor the live-work building, the
carport, or bike storage building. Many of the amenities that were intended to be
completed at this time are not in place, and both the current residents and the City are
concerned about the existing and future condition of the property. The developer is
requesting modifications to the community amenity spaces in response to challenging
financial conditions and deletion of one of the units adjacent to the central amenity space.
• If Council takes action to uphold the Planning Commission’s approval of the
project, all findings must be made to support the Use Permit, as detailed in Draft
Resolution A.
Page 63 of 214
ITEM NUMBER: B-1
DATE: 10/10/23
o As noted above, conditions may be added to modify the proposed amenities
or conditions of approval related to timing.
• If Council takes action to reverse the Planning Commission’s approval of the
project, they must determine that the project does not meet at least one of the
findings as detailed above and in Draft Resolution B. If Council reverses the
Planning Commission’s approval and denies the project, Council will need to state
the reason(s) for denial which will then be included in Draft Resolution B. Denial of
the project will require the developer to build the improvements, both the central
common area and community building, as originally approved.
ALTERNATIVE:
Council may continue the item for further discussion and direction. Council should provide
clear direction to staff or the project applicant on specific information needed to return for
review.
FISCAL IMPACT:
There is a minor negative fiscal impact expected if the building is not built, due to a lower
than planned assessed valuation.
ATTACHMENTS:
1. Draft Resolution A
2. Draft Resolution B
3. Revised Project Landscape and Community Amenity Plan
4. Appeal Email
5. Arborist Letter
6. Originally Approved Common Amenity Areas
7. Planning Commission Minutes: September 5, 2023
8. Supplemental Information Packet (prior hearing materials) available online at:
http://records.atascadero.org/WebLink/ElectronicFile.aspx?docid=120985&dbid=0
Page 64 of 214
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
10/10/23
1
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, AFFIRMING THE PLANNING
COMMISSION’S APPROVAL OF AMENDMENTS TO THE GRAND OAKS
PASEO PROJECT MASTER PLAN OF DEVELOPMENT (AMND23-0080)
TO ALLOW MODIFICATIONS TO THE COMMON AMENITY SPACE
APN 029-274-032, 029-274-03, 029-274-014
GRAND OAKS COMMUNITY AMENITIES
ATASCADERO CALIFORNIA MANOR, LP
(AMND23-0080)
WHEREAS, an application has been received from Cal Coastal Holdings, LLC,
(Applicant/ Owner), 242 El Dorado Way, Pismo Beach, CA 93449, (AMND23-0080) to consider
an Amendment to the Master Plan of Development (Resolution 2019-082) to revise the common
community amenity areas; and
WHEREAS, the site has a General Plan Designation of High Density Residential (HDR)
and General Commercial (GC); and
WHEREAS, the site is in the Residential Multi-Family 24 (RMF-24) zoning district and
Commercial Retail (CR) with a Planned Development Overlay Zone (PD27); and
WHEREAS, A Master Plan of Development was approved by the City Council consistent
with the PD overlay standards on November 12, 2019 (Resolution 2019-082); and
WHEREAS, per the conditions of approval for the project, the Planning Commission has
the authority to consider modifications to the Master Plan of Development; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject conditional
use permit application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said use permit; and
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held
on September 5, 2023, studied and considered the proposed amendments; and
WHEREAS, the Planning Commission of the City of Atascadero approved a portion of
the requested amendments, subject to conditions of approval, on a 7-0 vote at the September 5,
2023, hearing; and
Page 65 of 214
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
10/10/23
1
WHEREAS, an appeal was filed for review of the Planning Commission action by the
City Council on September 19, 2023, in accordance with the provisions of Atascadero Municipal
Code Section 9-1.111; and
WHEREAS, the City Council held a duly noticed public hearing to consider the appeal on
October 10, 2023, at 6:00 p.m. in accordance with the provisions of Atascadero Municipal Code
Section 9-1.110 and considered testimony and reports from staff, the applicants, and the public.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, at a duly noticed
public hearing assembled on October 10, 2023, resolved to affirm the Planning Commission’s action
to approve a conditional use permit for amendments to the common amenity area in the Grand oaks
Paseo development, subject to conditions of approval, and as show in Exhibits A and B, attached
hereto and incorporated herein by this reference.
SECTION 3. Findings. The City Council makes the following findings, determinations
and approvals with respect to the Conditional Use Permit:
1. Findings for Affirming the Planning Commission’s Approval of Amendments to the
master Plan of Development (Conditional Use Permit)
A. FINDING: The proposed amendments are consistent with the General Plan.
FACT: The proposed amendments are consistent with the General Plan. The project
site is designated General Commercial and High-Density Multi-Family and was
approved as a custom-small lot subdivision with shared amenity space and a mixed-use
component along the project frontage, consistent with the General Plan goals and
policies. The proposed amendments do not change the overall use or character of the
project.
B. FINDING: The proposed amendments satisfy all applicable provisions of the Zoning
Ordinance.
FACT: The project was approved as part of a master planned residential and live-work
project and a custom Planned Development Overlay zoning district was approved for
the project to allow for the small-lot subdivision and flexibility in zoning standards.
Findings were made at the time of project approval that the project satisfied all
additional findings to qualify for the Planned development Overlay zone. The proposed
amendments do not change the overall use or character of the project.
C. FINDING: The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety or welfare of the general public or persons residing or
working in the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use.
Page 66 of 214
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
10/10/23
1
FACT: The amendments will not change the use or character of the project and will not
be detrimental to the health, safety, or welfare of the general public or residents within
the project.
D. FINDING: The proposed amendments will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development.
FACT: The proposed amendments are to the common amenity areas only. No changes
are proposed to the overall site development plan or unit design.
E. FINDING: The proposed amendments will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance with
the land use element.
FACT: The proposed amendments will not affect the use of the project site. No new
uses are proposed.
F. FINDING: The proposed amendments is in compliance with any pertinent City policy
or criteria adopted by ordinance or resolution of the City Council.
FACT: As conditioned, the amendments meets all City and State development
standards. City Council policy requires special findings to be made to approve a
Planned Development Overlay Zone, which include high quality landscape design. The
proposed amendments include high quality plant material and design, consistent with
required findings.
SECTION 4. CEQA. The proposed amendments are consistent with the previously
environmental analysis and determinations for the project.
SECTION 5. Approval. The City Council of the City of Atascadero, in a regular session
assembled on October 10, 2023, resolved to affirm the Planning Commission’s action to approve
a Conditional Use Permit to allow a modification to the Master Plan of Development related to
common area amenity space:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Revised Project Landscape and Community Amenity Plan
Page 67 of 214
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
10/10/23
1
PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of
___, 2023.
On motion by Council Member _____ and seconded by Council Member _____, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO:
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
Page 68 of 214
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
10/10/23
1A
Conditions of Approval
Grand Oaks Paseo
Common Area Amendments
AMND23-0050
Timing
BL: Business License
FM: Final Map
GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney
Planning Services
1. City Council Resolution 2019-082 and all associated entitlements shall be
amended to revise the design of the community amenity spaces as depicted in
EXHIBIT B, subject to the conditions listed herein. All previous conditions
approved as part of DEV19-0049 shall remain in effect unless specifically
amended by this resolution. The project site is known as the Grand Oaks Paseo
project and this approval shall be in effect regardless of owner.
Ongoing PS
2. The approval of these entitlements shall become final and effective for the
purposes of issuing building permits the day after the hearing, unless an appeal is
made within 14 days of the approval hearing in accordance with the Atascadero
Municipal Code.
Ongoing
PS
3. The Community Development Department shall have the authority to approve
minor changes to the project that (1) result in a superior site design or appearance,
and/or (2) address a construction design issue that is not substantive to the
Tentative Tract Map.
FM PS
4. The applicant shall defend, indemnify, and hold harmless the City of Atascadero
or its agents, officers, and employees against any claim or action brought to
challenge an approval by the City, or any of its entities, concerning this Conditional
Use Permit.
Ongoing PS
5. The common amenity space shall include the features, detailed in EXHIBIT B,
and as modified below prior to final, including, but not limited to:
Central Open Space area
• Movable seating within the central open space area
• A minimum of 2 natural gas or propane fire pit tables
• A minimum of 3 BBQs
• An outdoor natural gas fireplace with permanent gas line installed
El Camino Frontage Amenity Space • 8 fixed benches • Minimum 15-gallon shade tree in the center planter with a minimum trunk
diameter of 1.5 inches and minimum height of 8 feet from the soil level
to the top of the tree. If a 15-gallon tree cannot be found that meets
the minimum measurements, a 24” box shall be planted. • Retaining walls shall be of the same base material as shown for the live-
work building.
• Bollard and low-level lighting for safety
.
Ongoing PS
6. The El Camino Frontage amenity space shall be raised in elevation from the
public way.
7. The Central Open Space area shall be completed prior to final of any units
requesting final after 08/22/23.
8. The El Camino Frontage Amenity Space shall be completed prior to final of the
last unit in the grouping of lots 22 through 26 or any mixed-use unit, whichever
occurs first.
Page 69 of 214
Revisions approved to central common space only as detailed above.
ITEM NUMBER: B-1
DATE: 10/10/23
ATTACHMENT: 1B
Page 70 of 214
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
10/10/23
2
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, REVERSING THE PLANNING
COMMISSION’S ACTION AND DENYING AMENDMENTS TO THE
GRAND OAKS PASEO PROJECT MASTER PLAN OF
DEVELOPMENT(AMND23-0080) TO ALLOW MODIFICATIONS TO THE
COMMON AMENITY SPACE
APN 029-274-032, 029-274-03, 029-274-014
GRAND OAKS COMMUNITY AMENITIES
ATASCADERO CALIFORNIA MANOR, LP
(AMND23-0080)
WHEREAS, an application has been received from Cal Coastal Holdings, LLC,
(Applicant/ Owner), 242 El Dorado Way, Pismo Beach, CA 93449, (AMND23-0080) to consider
an Amendment to the Master Plan of Development (Resolution 2019-082) to revise the common
community amenity areas; and
WHEREAS, the site has a General Plan Designation of High Density Residential (HDR)
and General Commercial (GC); and
WHEREAS, the site is in the Residential Multi-Family 24 (RMF-24) zoning district and
Commercial Retail (CR) with a Planned Development Overlay Zone (PD27); and
WHEREAS, A Master Plan of Development was approved by the City Council consistent
with the PD overlay standards on November 12, 2019 (Resolution 2019-082); and
WHEREAS, per the conditions of approval for the project, the Planning Commission has
the authority to consider modifications to the Master Plan of Development; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject conditional
use permit application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said use permit; and
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held
on September 5, 2023, studied and considered the proposed amendments; and
WHEREAS, the Planning Commission of the City of Atascadero approved a portion of
the requested amendments, subject to conditions of approval, on a 7-0 vote at the September 5,
2023 hearing; and
Page 71 of 214
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
10/10/23
2
WHEREAS, an appeal was filed for review of the Planning Commission action by the
City Council on September 19, 2023 in accordance with the provisions of Atascadero Municipal
Code Section 9-1.111; and
WHEREAS, the City Council held a duly noticed public hearing to consider the appeal on
October 10, 2023 at 6:00 p.m. in accordance with the provisions of Atascadero Municipal Code
Section 9-1.110 and considered testimony and reports from staff, the applicants, and the public.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, at a duly noticed
public hearing assembled on October 10, 2023, resolved to affirm the Planning Commission’s action
to approve a conditional use permit for amendments to the common amenity area in the Grand oaks
Paseo development, subject to conditions of approval, and as show in Exhibit A, attached hereto and
incorporated herein by this reference.
SECTION 3. Findings. The City Council makes the following findings, determinations
and approvals with respect to the Conditional Use Permit:
1. Findings for Denial of Amendments to the Master Plan of Development (Conditional
Use Permit)
A. FINDING: The proposed project or use is inconsistent with the character of the
immediate neighborhood or contrary to its orderly development
FACT: The proposed amendments are inconsistent with the orderly development of the
Grand Oaks Paseo Development
B. FINDING: The proposed project is not in compliance with a pertinent City policy or
criteria adopted by ordinance or resolution of the City Council.
FACT: The proposed amendments are inconsistent with the City’s Planned
Development policy in the context of the Grand Oaks Paseo Planned development
Overlay project
SECTION 4. CEQA. The proposed amendments are consistent with the previously
environmental analysis and determinations for the project.
SECTION 5. Denial. The City Council of the City of Atascadero, in a regular session
assembled on October 10, 2023, resolved to reverse the Planning Commission’s action and deny
modifications to the master plan of development related to common area amenity space.
Page 72 of 214
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
10/10/23
2
PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of
___, 2023.
On motion by Council Member _____ and seconded by Council Member _____, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO:
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
Page 73 of 214
ITEM NUMBER: B-1
DATE: 10/10/23
ATTACHMENT: 3
Page 74 of 214
1
Lara Christensen
From:Heather Newsom
Sent:Tuesday, September 19, 2023 1:14 PM
To:City Clerk
Subject:Planning Commission Appeal
City Clerk
I am appealing the Planning Commission’s Decision on September 5, 2023 for the following proposal: 4701, 4711, 4721,
4731, 4741 EL CAMINO REAL and 5900 THROUGH 5938 GRAN PASEO WAY (Project is to consider a request for common
area amenity space modifications for the Grand Oaks Paseo Project on APN 029-274-001 through 029- 274-032 for Cal
Coastal Holdings, LLC). (AMND23-0080)
The proposed project or use may or may not be inconsistent with the character of the immediate neighborhood, may or
may not be contrary to its orderly development. I am requesting that it be heard before the City Council.
Sincerely,
Heather Newsom, Atascadero City Council Member
ITEM NUMBER: B-1
DATE: 10/10/23
ATTACHMENT: 4
Page 75 of 214
Arborist Report/Review
Grand Oaks Project
Cal Coast Properties, Inc.
242 El Dorado Wy.
Pismo Beach, CA 93449
805-215-2703 cell
jack@calcoastalslo.com
Ted@calcoastalslo.com
4711 El Camino Real, Atascadero, CA
I met with Jack and Ted on Friday the 18th and they told me about the options for decking or synthetic turf to go on the
root zone of the White Oak. When I began to educate them about the effect that would have on the tree they realized
that they would like to change the plan to treat the root zone as naturally as possible, creating the least disturbance to
as much of the root zone as is possible.
This really will be the only workable plan to be able to save the tree and all of its benefits.
They began to realize it was better to leave the root zone in as natural a state as possible, even repairing the presently
grade-changed area to the natural grade that existed pre-construction. Oak litter and freshly chipped tree chippings will
be used if any additional mulch will be needed to create a 3 inch mulch layer on top of the soil in all exposed areas of the
root zone.
They mentioned a non-machinery compacted base DG walkway through the root zone area which they will show on
their plans.
Synthetic turf anywhere near 40 feet of the trunk of the tree will absolutely stop the root activity underneath said turf
area due to the compacted base that needs to be created for synthetic turf installation. The tree would respond
negatively as a result and then would be at much higher risk of drought stress and eventual death.
Please let me know if you have any other questions or if there is anything I can do.
Prepared by:
David Brown
805-474-8013
ITEM NUMBER: B-1
DATE: 10/10/23
ATTACHMENT: 5
Page 76 of 214
ITEM NUMBER: B-1 DATE: 10/10/23ATTACHMENT: 6 Page 77 of 214
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Atascadero City Council
Staff Report - Community Development Department
Appeal of Conditional Use Permit for RV Storage Facility
6805 Sycamore Road
RECOMMENDATIONS:
Council:
1. Adopt Draft Resolution A, affirming the Planning Commission’s approval of a
conditional use permit to establish an RV storage facility at 6805 Sycamore Road,
subject to findings and conditions of approval (Attachment 8).
OR
2. Adopt Draft Resolution B, reversing the Planning Commission’s action and denying
a conditional use permit to establish an RV storage facility at 6805 Sycamore
Road, subject to findings (Attachment 9).
REPORT-IN-BRIEF:
The owners of VS Marine are proposing to establish an RV storage yard on land owned
by Atascadero Mutual Water Company (AMWC) within the Industrial Zone, adjacent to
the Sycamore Industrial Park at 6805 Sycamore Road. AMWC has agreed to lease the
land to allow this land use. The use requires a conditional use permit within the Industrial
Zoning District.
On July 28, 2022, the Design Review Committee (DRC) reviewed the proposed project
and made recommendations regarding new and existing fencing and landscaping for the
project. The applicant revised the plans in accordance with the DRC’s recommendations.
On November 15, 2022, this item was presented to the Planning Commission (PC). Public
comment focused on potential environmental impacts. In one letter received, staff was
notified from a local Native American tribe that the site may be archeologically sensitive.
The Commission voted to continue the meeting to a date uncertain, with a
recommendation to provide an Archeology Study and a Visibility Study with the applicant
to mark the boundaries of the storage yard.
On June 20, 2023, the item returned to the PC for continued review. Two motions were
made by the PC to deny the conditional use permit application, both of which failed with
a 4:2 vote and 3:3 vote. A third motion was made to approve the conditional use permit
which also failed with a 3:3 vote. A fourth motion was made to continue the item until the
City analyzes appropriate land uses for the property as part of the General Plan update.
The General Plan update is likely to be completed in 2024, however there is no definitive
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completion date to amend the zoning maps, therefore the motion to continue on that basis
was determined to be an invalid action.
On July 18, 2023, the Commission reheard the project. Following substantial public
comment, the commission voted 4-3 to approve the use permit, adding a condition to
provide a nesting bird and special status species survey prior to development of storage
yard.
On July 28, 2023, an appeal was received from David Broadwater, a resident of Atascadero.
The basis of the appeal claims that the environmental impacts of the project were not
adequately addressed and that qualified professionals should be utilized to evaluate the
project (Attachment 1).
On July 31, 2023, a second appeal was received from Michael Jenkins on behalf of
BioDiversity First!, Inc. of Shandon, CA. The basis of this appeal notes that the project’s
adjacency to a flood plain is problematic and an unacceptable risk. The appeal notes that
the City’s compliance with CEQA is incomplete and under an unspecified categorical
exemption (Attachment 2).
DISCUSSION:
Project Logistics
The subject site is located on the north side of Sycamore Avenue, adjacent to the
Sycamore Industrial Park and west of the Salinas River. Historically, the site was graded
and filled with a large quantity of gravel and material and a large berm was constructed
near the eastern boundary of the site adjacent to the river, most likely as a flood
prevention measure. The site is owned by Atascadero Mutual Water Company (AMWC)
and contains an existing fenced construction yard with storage buildings on a portion of
the property.
The proposed project includes a six-acre outdoor storage yard designed to accommodate
up to 262 unoccupied recreational vehicles and boats. The applicant is proposing to
complete the project in two phases. The first phase consists of 138 RV storage spaces,
a new perimeter chain link fence along the Phase 1 area, site grading with Class II base
(in Phase 1 areas only), construction of an entrance gate, and completion of a required
stormwater basin. Phase 2 includes the addition of 124 RV storage spaces, removal of
the fence between the two phases and extension of a chain link fence at the rear of the
site. In phase one, Project development will include a formal entry to the Anza trail and
an improved pathway, split rail fencing, and landscaping along the realigned access path
that will link to the established trail alignment adjacent to the Salinas River.
Land Use Entitlement
The land use proposed, Outdoor Vehicle and Equipment Storage, is a conditionally
allowed use in the Industrial Zoning district. Section 9-6.140 of the City’s Zoning
Regulations provides a set of site design standards for storage yards in addition to the
provisions of the use permit.
Archaeological Assessment
An archaeological consultant, Cultural Resource Management Services, conducted an
archaeological inventory survey (Phase I) within the proposed project area to determine
if any resources might be present and whether further analysis would be warranted. The
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archaeological assessment found that no further investigations are necessary. Historical
records indicate that in 1969 and 1972 the entire parcel of land was flooded and the banks
of the Salinas river changed substantially. Following this time, until the 1990s, the County
of San Luis Obispo and Caltrans utilized this area to dispose of excess materials, such
as asphalt, concrete, fill soil, and rock. According to a source at the Atascadero Mutual
Water Company, this raised the level of the parcel around 10 feet. Evidence of this
previous grading and fill still remains on site. During the field investigation, all materials
were found to be consistent with fill dirt that would have been imported into this site. There
does not appear to be any native grade remaining on this property, therefore
archeological evidence is not present.
Landscaping, Fencing, Lighting, and Security
Landscape
Atascadero Municipal Code (AMC) 9.4-125 requires 5% of a project site in an industrial
zone to be landscaped. The applicant is requesting an exception to this requirement due
to maintenance concerns and visibility into the site. Since the site is screened by fencing
and landscaping along Sycamore Road, landscaping added within the RV lot will not be
visible from the outside. Based on location and this specific land use, staff had
recommended that the Planning Commission allow for a modification to only require
landscaping along Sycamore Road and the Anza Trail along the project frontage.
Fencing
The applicant is proposing new six-foot-tall vinyl-coated chain link fencing around the RV
storage lot. AMC 9-4.128 requires all new vinyl-coated chain link fencing to be screened
with evergreen vegetation. The new fence adjacent to the Anza Trail will be heavily
screened with landscaping. However, new fencing around the rear of the site is not
proposed to have landscape screening as it is adjacent to a tall berm that separates the
site from the Salinas River. The applicant is proposing a powered gate that will be keypad
controlled. There will be no regular onsite workers so the RV storage will be self-service.
Lighting
Lighting is provided by pole lights throughout the site. Five security cameras will be
installed on the proposed light poles. The applicant has a pre-existing contract with a local
security company for their existing VS marine site. They plan to continue using them for
this site for 24-hour security coverage.
Use Permit Entitlement
A use permit to allow an RV storage yard will run with the land, regardless of the business
owner/operator, unless the use permit is revoked or modified by the City, or unless the
uses ceases for a period of six months or more. Project conditions were incorporated into
the project to ensure that storage was only allowed for operable RVs and boats.
Conditions were designed to prevent nuisances from accumulating at the site and to
ensure appropriate quality and maintenance (PC Resolution, Attachment 7).
CEQA determination
The project to establish an outdoor storage yard at this site consists of the installation of
fencing, lighting, road base, and a small drainage basin to ensure that any stormwater on
this site enters the basin without leaving the site. The project does not involve the
construction of buildings, infrastructure, or paved areas. The site was evaluated as part
of the 2002 General Plan for the Industrial Uses within the General Plan EIR and is a
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historically graded, leveled, and filled site void of natural features, drainage courses,
trees, or habitat areas. The site has been historically utilized for construction yard
operations and passive outdoor recreation. Following a phase I archeological evaluation,
along with several site visits by staff, it was determined that the “project” should be exempt
from CEQA as it does not involve substantial grading nor development and the site is not
within a sensitive habitat zone, nor does it have the potential to provide archeological or
historical artifacts. Staff recommended the use of CEQA Guidelines Section 15304 to
provide an exemption to this project. This section states that projects shall be exempt
from CEQA that involve “minor public or private alterations in the condition of land, water
and/or vegetation which do not involve removal of healthy, mature, scenic trees except
for forestry or agricultural purposes”.
Appeal 1
The appeal filed by David Broadwater (Attachment 1) claims that the environmental impacts
of the project were not adequately addressed and that qualified professionals should be
utilized to evaluate the project. The appeal states:
“There is no evidence that the project has been reviewed by qualified professionals
regarding the environmental, recreational, social and aesthetic values of the site and
the river’s watershed, or the potential impacts on beaver habitat which brings the
benefits of water retention, groundwater recharge, and wildlife and riparian
enhancement.”
Mr. Broadwater’s appeal was supplemented by additional information that was submitted on
September 8, 2023. This supplemental information is included in Attachment 1 and details
arguments about the entitlement process along with relevant sections of the existing
General Plan and the potential for this designation to be altered with the ongoing General
Plan update.
A second supplement to Mr. Broadwater’s appeal was received on September 15, 2023
(Attachment 1). This second supplement is a series of statements, evidence, and policy
review from the SLO Beaver Brigade. In summary, the Beaver Brigade opposes the RV
storage project stating that the project is not consistent with the intent of the General Plan,
the project review did not consider mitigation for a Bald Eagle nest that may be located on
the other side of the Salinas River from the proposed storage site, and that the project could
impact the health of the beaver habitat in the Salinas River.
Appeal 2
Appeal two was received on July 31, 2023, and was filed by Michael Jenkins on behalf of
the nonprofit BioDiversity First!, Inc. This appeal claims that the project site is problematic
and risky due to the flood plain adjacency and that the City failed to properly address
CEQA (Attachment 2).
A supplement to appeal two was received on September 19, 2023. The supplement
expands on the potential environmental impacts of the project while focusing on the
potential of climate change and “Channelization” of the Salinas River. The appeal
supplement seems to claim that the installation of a storage facility on this site would
result in reducing the flood plain of the Salinas River, therefore resulting in a
“channelization” of the river system.
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Use Permit Findings
As noted in the Council’s action options below, the Council must make all project findings
to support the project and deny either of the appeals, or only one finding in order to deny
the project and reverse the Planning Commission’s action.
Findings are as follows:
a. The proposed project or use is (or is not) consistent with the General Plan;
and
b. The proposed project or use does (or does not) satisfy all applicable
provisions of this title; and
c. The establishment, and subsequent operation or conduct of the use will not
(or will), because of the circumstances and conditions applied in the particular
case, be detrimental to the health, safety or welfare of the general public or
persons residing or working in the neighborhood of the use, or be detrimental
or injurious to property or improvements in the vicinity of the use; and
d. The proposed project or use will not (or will) be inconsistent with the character
of the immediate neighborhood or contrary to its orderly development; and
e. The proposed use or project will not (or will) generate a volume of traffic
beyond the safe capacity of all roads providing access to the project, either
existing or to be improved in conjunction with the project, or beyond the
normal traffic volume of the surrounding neighborhood that would result from
full development in accordance with the land use element; and
f. The proposed project is (or is not) in compliance with any pertinent City policy
or criteria adopted by ordinance or resolution of the City Council;
Conclusion
Since the AMWC owns the site, permanent development of the property with buildings
and other improvements that are suitable within the industrial zone may not be an option
at this time. This land constitutes a significant portion of rare industrial land in the City
and has the benefit of not being within close proximity to residential neighborhoods, nor
along a significant view corridor such as Highway 101 or El Camino Real. The 2002
General Plan evaluated this site for industrial land uses and adopted an Environmental
Impact Report accordingly. Although the EIR does not evaluate property on a project
specific basis, it does assume that these sites will be developed with industrial land uses.
The far eastern portion of the property nearest the Salinas River is within an open space
designation, which creates a suitable setback for commercial development. Although a
storage land use is not the highest and best use of any property within the City, this site
is suited for this land use due to its isolated location, level topography, adequate
separation from the habitat area associated with the river, and its limited visibility from
view corridors or other properties. The General Plan update will continue to evaluate
these sites for commercial viability and the future land use plan can be modified to take
into account a land use list that best suits the City.
The use of the site for a storage yard does not involve substantial changes to this site nor
does it alter the habitat adjacent to, or within, the floodplain. No beaver dams, bird nests,
nor drainage courses exist on the project site. No buildings, substantial paving, or
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substantial construction is proposed to take place with the proposed project. All
stormwater on the project site would be required to remain on site and drain to a proposed
basin, which would allow for on-site groundwater infiltration. The project does not result
in any changes to the Salinas River basin, its banks, or any other land that has not been
previously graded or leveled.
• If Council takes action to uphold the Planning Commission’s approval of the
project, all findings must be made to support the Use Permit, as detailed in Draft
Resolution A. As noted above, conditions may be added to enhance the project’s
compatibility with the General Plan and with the compatibility with the site and
surroundings.
• If Council takes action to overturn the Planning Commission’s approval of the
project, they must determine that the project does not meet at least one of the
findings as detailed in Draft Resolution B. If Council overturns the Planning
Commission’s approval and denies the project, Council will need to state the
finding that cannot be made and reason(s) for denial which will then be included in
Draft Resolution B.
ALTERNATIVE:
Council may continue the item for further discussion and direction. Council should provide
clear direction to staff or the project applicant on specific information needed to return for
review. As an option, Council may choose to allow a phased project or only a portion of
the proposed six acres to be used for RV storage with the other portion to remain vacant
until further review.
FISCAL IMPACT:
There is no significant fiscal impact expected.
ATTACHMENTS:
1. Appeal Letter and Supplements (Appeal 1, David Broadwater)
2. Appeal Letter and Supplements (Appeal 2, Friends of the Beaver)
3. Planning Commission Meeting Minutes- June 20, 2023
4. Planning Commission Meeting Minutes- July 18, 2023
5. Planning Commission Resolution
6. Draft Resolution A
7. Draft Resolution B
8. Public Comments (prior to agenda posting)
9. Supplemental Information Packet (prior hearing materials) available online at:
http://records.atascadero.org/WebLink/ElectronicFile.aspx?docid=120999&dbid=0
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6
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, AFFIRMING THE PLANNING
COMMISSION’S APPROVAL OF A CONDITIONAL USE PERMIT TO
ESTABLISH AN RV STORAGE FACILITY LOCATED AT
6805 SYCAMORE ROAD
SYCAMORE RV STORAGE
(USE 21-0107)
WHEREAS, an application has been received from VSM Leasing & Rentals LLC, to
consider Planning Application USE 21-0107, for a Conditional Use Permit for an outdoor RV
storage use on a 6=acre site at 6805 Sycamore Road, Atascadero, CA 93422 (APN 028-121-001);
and
WHEREAS, the site’s current General Plan Land Use Designation is Industrial; and
WHEREAS, the site’s current Zoning District is Industrial; and
WHEREAS, outdoor storage of RV’s is a conditionally allowed use in the industrial zoning
district; and
WHEREAS, the project was reviewed by the Design Review Committee at their regularly
scheduled meeting on July 28, 2022; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject conditional
use permit application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said use permit; and
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held
on November 15 and continued on June 20, 2023, studied and considered the proposed use permit
for an RV storage development and failed to pass a motion to approve nor deny the use permit
based on tied votes; and
WHEREAS, the Planning Commission of the City of Atascadero re-heard the project on
July 18, 2023, and approved the Use Permit on a 4-3 vote; and
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WHEREAS, on July 28, 2023, David Broadwater filed an appeal for review of the
Planning Commission’s action by the City Council, in accordance with the provisions of
Atascadero Municipal Code Section 9-1.111; and
WHEREAS, on July 31, 2023, Michael Jenkins on behalf of BioDiversity, First!, Inc.,
filed an additional appeal for review of the Planning Commission’s action by the City Council, in
accordance with the provisions of Atascadero Municipal Code Section 9-1.111; and
WHEREAS, the City Council held a duly noticed public hearing to consider the appeals
on October 10, 2023, at 6:00 p.m., in accordance with the provisions of Atascadero Municipal
Code Section 9-1.110, and considered testimony and reports from staff, the applicants, and the
public.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
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
hearing assembled on October 10, 2023, resolved to affirm the Planning Commission’s action to
approve a conditional use permit for an outdoor RV storage yard subject to conditions of approval
and mitigation monitoring as show in Exhibits A through D, attached hereto and incorporated herein
by this reference.
SECTION 3. Facts and Findings. The City Council makes the following findings,
determinations, and approvals with respect to the Conditional Use Permit:
1. Findings for Affirming the Planning Commission’s Approval of a Conditional Use
Permit
A. FINDING: The proposed project or use is consistent with the General Plan.
FACT: The use is consistent with the General Plan. Specifically, it relates to intended uses
in the Industrial Park zone. The General Plan states that one of the intended uses of this
zone is for outdoor storage facilities. General Plan Policy 14.2 aims to identify locations
with adequate land to accommodate industrial uses to retain and expand existing
businesses. The municipal code allows outdoor vehicle storage operations with a
Conditional Use Permit.
B. FINDING: The proposed project or use satisfies all applicable provisions of the Zoning
Ordinance.
FACT: The proposed outdoor vehicle storage operation can be permitted though the
Conditional Use Permit process as identified in the Municipal Code. The proposed site
plan is consistent with the applicable provisions of the Atascadero Municipal Code as
conditioned.
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C. FINDING: The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be detrimental
to the health, safety or welfare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental or injurious to property or improvements in the
vicinity of the use.
FACT: The proposed recreational vehicle storage facility will not be detrimental to the
general public or working person’s health, safety, or welfare.
D. FINDING: The proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development.
FACT: The proposed project is on a property that is zoned Industrial Park with a contract
construction yard on it. The property is at the edge of the city in an area that has been
designated for industrial uses.
E. FINDING: The proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the surrounding
neighborhood that would result from full development in accordance with the land use
element.
FACT: The proposed project and use is consistent with the traffic projections and road
improvements anticipated within the General Plan. The project site is an existing site on
Sycamore Road.
F. FINDING: The proposed project is in compliance with any pertinent City policy or criteria
adopted by ordinance or resolution of the City Council.
FACT: The project is consistent with the General Plan and Municipal Code, as conditioned.
2. Findings for Approval of Landscape Requirement Exception
G. FINDING: Since the site is screened by fencing and landscaping along Sycamore Road,
landscaping added within the RV lot will not be visible from the outside. Additionally,
maintaining this landscape would be difficult as it would need to be irrigated and
protected from vehicles driving over it. Additionally, evergreen landscaping along the
Salina River will not provide useful screening. The chain-link fence requiring screening
is located against a berm and landscaping will be difficult to maintain.
FACT: Existing vegetation topography or structural arrangement preclude the need for
landscaping.
Page 176 of 214
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
10/10/23
6
SECTION 4. CEQA. The project is exempt from the California Environmental Quality
Act (CEQA), under Categorical Exemption § 15304, Class 4; Minor Land Alterations.
SECTION 5. Approval. The City Council of the City of Atascadero, in a regular hearing
on October 10, 2023, resolved to affirm the Planning Commission’s action to approve a
Conditional Use Permit to allow for an outdoor RV storage facility subject to the following:
1. EXHIBIT A: Conditions of Approval
2. EXHIBIT B: Site Pan
3. EXHIBIT C: Preliminary Grading and Drainage Plan
4. EXHIBIT D: Landscape Plan (as modified)
PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day
of ___, 2023.
On motion by Council Member _____ and seconded by Council Member _____, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO:
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
Page 177 of 214
EXHIBIT A:Conditions of Approval
USE21-0107
Conditions of Approval
Conditional Use Permit
Outdoor Recreational Vehicle Storage
6805 Sycamore Road
Timing
BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy
Responsibility
/Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney
1.This Conditional Use Permit shall be for an outdoor recreational vehicle storageyardasdescribedinattachedExhibits,located at 6805 Sycamore Road (APN028-121-001),regardless of owner.
Ongoing PS
2.The approval of this use permit shall become final and effective the date of thehearing.Issuance of building permits may not occur prior to the appeal period offourteen(14)daysfollowing the Planning Commission approval.
Ongoing PS
3.The Community Development Department shall have the authority to approve thefollowingminorchangestotheprojectthat(1)modify the site plan project by lessthan10%,(2)result in a superior site design or appearance,and/or (3)address aconstructiondesignissuethatisnotsubstantivetotheConditionalUsePermit.
Ongoing PS,CE
4.Approval of this Conditional Use Permit shall be valid for twenty-four (24)monthsafteritseffectivedate.At the end of this time period,the approval shall expireandbecomenullandvoidunlesstheprojecthasreceivedabuildingpermitoratimeextension.
BP PS
5.This use permit shall be valid for this site regardless of owner.If the storage landuseceasesformorethan6monthsfollowinginitialoccupancyoriftheCityverifiesthattheuseisnotincompliancewithUsePermitconditions,the usepermitshallberevokedandshallbesubjecttothereviewandapprovalofanewusepermit,subject to zoning and General Plan compliance at the time ofrevocation.
Ongoing PS
6.The owner and applicant shall defend,indemnify,and hold harmless the City ofAtascaderooritsagents,officers,and employees against any claim or actionbroughttochallengeanapprovalbytheCity,or any of its entities,concerning thisconditionalusepermit.
Ongoing CA
Planning Services
7.The Conditional Use Permit shall allow an outdoor recreational vehicle storageyardasshowninExhibitB.Ongoing PS
8.All landscaping,fencing and site improvements shallbemaintained in good order.Any dead or non-performing landscape items shall be replaced within 30 days.Any damaged fencing,lighting,or site improvements shall be replacedimmediately.
Ongoing PS
9.No changes to fencing,landscaping,or site improvements may be installedwithoutpriorapprovalbytheCity.
Ongoing PS
10.No cargo containers, inoperable vehicles, inoperable boats or inoperable RV’s shall be stored on-site. Only currently registered, operable vehicles or RV’s may be stored on-site.
Ongoing PS
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 6A
Page 178 of 214
11.No storage of vehicles in any location other than in the designated on-site parkingareasasidentifiedinthesiteplanapprovedbyPlanningCommissionmaybestoredonanyportionofthesite.
Ongoing PS
12.No other land use shall be allowed in conjunction with the RV storage unlessspecificallyapprovedbytheCity.
Ongoing PS
13.No washing of vehicles, RV’s or Boats or other equipment may occur on-site.Ongoing PS
14.No dumping of RV waste or water tanks may occur on site at any time.Ongoing PS
15.No storage,paving,stockpiling,grading,or use of the site shall be allowed within30feetofthetopofthebankoftheSalinasRiver.
Ongoing PS /BS
16.The realignment of the Anza Trail shall be consistent with what is shown in ExhibitB.The trail shall be completed and fully landscaped per the approved landscapeplan.Any modifications must be approved by the Community DevelopmentDirector.Generally,taller vegetation shall be focused between the RV storage lotandtherealignedAnzaTrail.Shorter species shall be planted between the AnzaTrailandSycamoreRoadtoavoidthetrailfrombecomingahiddencorridor
BP/FI PS
17.The existing chain link fence adjacent to Sycamore Road and the realigned AnzaTrailshallbereplacedwithasplitrailorpiperailfencewithamaximumheightof4feettall.Fence shall be installed prior to requesting a Planning Final.
FI PS
18.All new fencing chain link fencing,other than fencing along the Salina River,shallbevinylcoatedwithadarkneutralcolor.The maximum fence height shall notexceed6feet.However,the addition of barbed wire (NOT Constantine wire)maybeaddedtothetopofinteriorfencesalongtheRVstoragelot.Fencing shall beinstalledpriortorequestingaFinalPlanningInspection.
FI PS
19.Existing chain link fencing along Sycamore Road may be repurposed to be usedasfencingadjacenttotheSalinasRiver.
FI PS
20.The applicant shall submit a landscape and irrigation plan,completed by aqualifiedprofessional,with their construction documents.The landscape planshallbeconsistentwithwhatisshowninfExhibitDwithadditionallandscapingfocusedonthefollowingareas:_Along the Anza Trail realignment_In front of the existing construction yard,adjacent to Sycamore RoadLandscapingandirrigationshallbeinstalledpriortorequestingaPlanning FinalInspection.
BP/FI PS
21.Ensure that the Anza Trail realignment is built out to meet equestrian trailstandards.
FI PS
22.Maximum height of new light poles shall not be taller than 16 feet for each lightpole.The lights shall be set to dim low level light until motion is detected.
BP/FI PS
23.A photometric light study shall be submitted with the building permits for thePhase2additionandshallconsiderallnewlightsproposedandallexistinglightsproposedtoberetained.The lighting plan shall not include any lights thatcausealightinexcessof.01 footcandles on adjacent properties.Planning
Services staff shall conduct a night-time inspection of lights before the buildingpermitsmaybefinaled.
BP/FI
24.The Use Permit shall be subject to additional review upon receipt of operationalcomplaints.Additional mitigation may be warranted upon verification of recurringnoiseoroperationaldisturbancesthatimpactresidentialproperties.
Ongoing PS
25.Archaeological monitoring is required with all ground disturbing activities.Theapplicantwillberequiredtoprovideasignedcontractwithacertifiedarchaeologistpriortobuildingpermitissuance.The archaeologist is required toprovidealettertotheCitypriortoPlanningDepartmentFinalstatingthatallrecommendedprocedureswerecompleted.
BP/FI PS
Public Works
26.At Building permit submittal,provide updated Stormwater Control Plan (andreflectonGradingPlans)indicating the areas outside of the drive aisles will not
BP PW
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 6A
Page 179 of 214
be compacted >85%compaction to allow infiltration to meet Post Constructionrequirement#1 to reduce impervious surface as far as practicable.
27.Parking spaces are noted to be native material and are susceptible to pollutantdischargefromvehicles.At time of building permit submittal,on the plans andwithsupplementaldocuments,provide drip pans and spill kits for leaks or otherspills,similar to what would be found in a municipal yard.(Reference industrial ormunicipalstormwaterrequirementsforconstructionorcorporationyardspillprevention.)
A disposal station with spill kit supplies and covered cans forsoiled materials shallbelocatedonthesiteforindividualsusingthefacilityandmaintainedbythecompanywholeasesthelandandrunsthebusiness.
A contact phone number shall be made available to call if a facility user/customerhasaspill.Provide copy of a Spill Response Plan to City for review and approval.This plan must be in place to provide a procedure for cleaning up major spills,including sewage or gray water leaks,in a timely manner with contact informationforthosewhowouldberesponsibleparties.
BP/Ongoing PW
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 6A
Page 180 of 214
EXHIBITB:SitePlanUSE21-0107LightPoleSecurityCamera(N) 6’ vinyl coated chain link fence(E)ChainlinkfenceAnzaTrail(N)Splitrailfence(asconditioned)(N) 6’ vinyl coated chain link fenceRepurposed 6’ chain link fenceITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 6A
Page 181 of 214
ITEM|11/15/2022SycamoreRVStorageUSE21-0107/VSMLeasingandRentalsLLCEXHIBITC:PreliminaryGradingandDrainagePlanUSE21-0107ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 6A
Page 182 of 214
ITEM|11/15/2022SycamoreRVStorageUSE21-0107/VSMLeasingandRentalsLLCEXHIBITD:LandscapePlan(asmodified)USE21-0107ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 6A
Page 183 of 214
X
X
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 6A
Page 184 of 214
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
10/10/23
7
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, REVERSING THE PLANNING
COMMISSION’S ACTION AND DENYING A CONDITIONAL USE
PERMIT TO ESTABLISH AN RV STORAGE FACILITY LOCATED AT
6805 SYCAMORE ROAD
SYCAMORE RV STORAGE
(USE 21-0107)
WHEREAS, an application has been received from VSM Leasing & Rentals LLC, to
consider Planning Application USE 21-0107, for a Conditional Use Permit for an outdoor RV
storage use on a 6-acre site at 6805 Sycamore Road, Atascadero, CA 93422 (APN 028-121-001);
and
WHEREAS, the site’s current General Plan Land Use Designation is Industrial; and
WHEREAS, the site’s current Zoning District is Industrial; and
WHEREAS, outdoor storage of RVs is a conditionally allowed use in the Industrial zoning
district; and
WHEREAS, the project was reviewed by the Design Review Committee at their regularly
scheduled meeting on July 28, 2022; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA), have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject conditional
use permit application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said use permit; and
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held
on November 15, 2022, and continued on June 20, 2023, studied and considered the proposed use
permit for an RV storage development and failed to pass a motion to approve nor deny the use
permit based on tied votes; and
WHEREAS, the Planning Commission of the City of Atascadero re-heard the project on
July 18, 2023, and approved the Use Permit on a 4-3 vote; and
WHEREAS, on July 28, 2023, David Broadwater filed an appeal for review of the
Planning Commission’s action by the City Council, in accordance with the provisions of
Atascadero Municipal Code Section 9-1.111; and
Page 185 of 214
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
10/10/23
7
WHEREAS, on July 31, 2023, BioDiversity, First!, Inc., filed an additional appeal for
review of the Planning Commission’s action by the City Council, in accordance with the provisions
of Atascadero Municipal Code Section 9-1.111; and
WHEREAS, the City Council held a duly noticed public hearing to consider the appeals
on October 10, 2023, at 6:00 p.m., in accordance with the provisions of Atascadero Municipal
Code Section 9-1.110 and considered testimony and reports from staff, the applicants, and the
public.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
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
hearing on October 10, 2023, resolved to reverse the Planning Commission’s action to approve a
conditional use permit for an outdoor RV storage use.
SECTION 3. Facts and Findings. The City Council makes the following findings,
determinations, and approvals with respect to the Conditional Use Permit:
1. Finding for Reversing the Planning Commission’s Action and Denying a Conditional
Use Permit for RV Storage at 6805 Sycamore Road:
A. FINDING: The proposed project or use is inconsistent with the character of the immediate
neighborhood or contrary to its orderly development.
FACT: The proposed project is on a property that is adjacent to the Salinas River open
space and adjacent to an industrial park that hosts a variety of businesses, commerce, and
activities. Storage of Recreational Vehicles is contrary to the orderly development of an
Industrial Zoned property, while potentially contributing to aesthetic impacts.
SECTION 4. CEQA. The project is exempt from the California Environmental Quality
Act (CEQA), under Categorical Exemption § 15304, Class 4; Minor Land Alterations.
SECTION 5. Denial. The City Council of the City of Atascadero, in a regular session on
October 10, 2023, resolved to reverse the Planning Commission’s action and deny a Conditional
Use Permit for an outdoor RV storage facility at 6805 Sycamore Road, subject to the following:
PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of
___, 2023.
Page 186 of 214
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
10/10/23
7
On motion by Council Member _____ and seconded by Council Member _____, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO:
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
Page 187 of 214
From:Kathy Reid <>
Sent:Thursday, August 24, 2023 10:07 AM
To:City Council; City Clerk; Susan Funk
Subject:CONDITIONAL USE PERMIT FOR 6805 SYCAMORE ROAD
Dear City Council members:
I am opposed to the proposal to park 262 RVs on 6 acres in the Salinas River flood plain in Atascadero. We use
the historic De Anza trial along the river regularly for hiking and biking, it is critical as a flood plain, and to preserve this
space in its natural state to protect our environment. There are no conditioned controls regarding potential toxic runoff from
the routine use of the proposed project. I support the appeals of the SLO Beaver Brigade and BioDiversity First! working to
stop this destructive plan.
Sincerely,
Kathy Reid
Atascadero, CA 93422
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 188 of 214
From:Sean Whitlock <>
Sent:Saturday, September 16, 2023 5:11 PM
To:City Clerk
Cc:Autumn Hentzen; Diego Dominguez; Lynn Whitlock; Ryan Whitlock
Subject:RV Storage at 6805 Sycamore Rd
Hello,
As a north SLO county resident, I would like to express grave opposition to this proposal. This proposal is frankly appalling, and is
reflective of the failure of the City of Atascadero to recognize the ecological significance and value of protecting riparian habitat.
Please please please PROTECT THE SALINAS RIVER AND DO NOT APPROVE THIS PROPOSAL.
Thank you,
Sean Whitlock
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 189 of 214
From:Michael R. Jencks <>
Sent:Tuesday, September 19, 2023 11:39 AM
To:City Clerk
Subject:Fwd: RV
Attachments:Microsoft Word - BDF Atas RV Supp.docx.pdf
Re RV Storage Project set for Council on Ovtober 10
---------- Forwarded message ---------
From: Michael R. Jencks >
Date: Tue, Sep 19, 2023 at 11:25 AM
Subject: RV
To: Michael R. Jencks <>
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 190 of 214
BEFORE THE HONORABLE MAYOR MORENO AND CITY COUNCIL
OF THE CITY OF ATASCADERO, STATE OF CALIFORNIA
BIODIVERSITY FIRST!, INC., |
A California Non-Profit Corporation, |
Appellant, |
|
- versus - |
|
CITY OF ATASCADERO |
PLANNING COMMISSION, |
Respondent; VSM RENTALS and |
LEASING, LLC, Project Applicant; |
ATASCADERO MUTUAL WATER |
COMPANY, Real Party in Interest; and |
DOES 1 through 10, |
Respondents. |
____________________________________|
SUPPLEMENT TO APPEAL BY BIODIVERSITY FIRST!, INC. OF
JULY 18, 2023 DECISION OF THE ATASCADERO PLANNING
COMMISSION APPROVING A SIX (6) ACRE RECREATIONAL
VEHICLE STORAGE LOT FOR TWO-HUNDRED SIXTY-TWO (262)
VEHICLES AT 6805 SYCAMORE ROAD, ATASCADERO
APPEAL HEARING DATE: OCTOBER 10, 2023
CIITY COUNCIL CHAMBERS
6500 PALMA AVENUE
ATASCADERO, CALIFORNIA 93422
Submitted by Appellant
BIODIVERSITY FIRST!, INC.
3650 GILLIS CANYON
SHANDON, CALIFORNIA 93461
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 191 of 214
TABLE OF CONTENTS
Table of Contents 2
Supplement to BDF Appeal 3
Appellant BDF Supports and Endorses Arguments of Its Co-Appellants;
(Broadwater/Beaver Brigade) 3
Categorical Exemptions to CEQA are Subject to
Express Exceptions 4
The Planning Commission’s Narrow Majority’s Reliance
on a Categorical Exemption From CEQA is Misplaced 5
An Invitation to Mayhem: What Could They Have Been Thinking? 8
Project is Inconsistent With Policies of the Current General Plan 9
BDF Standing 12
Other Issues And Investigations 13
Project Applicant and Absent Real Party in Interest 14
Bald Eagles, Canaries and Coal Mines, 14
“Optional”: The City of Atascadero is Effectively a Constructive
Trustee of Salinas River Water Within City Boundaries; Zero
Discharge of Contaminants Into Environment Must be Strategic Goal 15
Conclusion/Prayer/Relief 16
Exhibit Map of Project Site <FloodMap-RVstorage 1up web.pdf> 17
Declaration of Service by United States & Electronic Mail
///
///
///
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 192 of 214
SUPPLEMENT TO BDF APPEAL1
Appellant Biodiversity First!, Inc. (BDF) respectfully supplements its previously
filed and served Appeal of July 18, 2023 Decision of the Atascadero Planning Commission
Approving a Six (6) Acre Recreational Vehicle Storage Lot for Two-hundred Sixty-two
(262) Vehicles at 6805 Sycamore Road, Atascadero be added to existing site APN 028-121-
001,.2 The purpose of this supplement is to provide additional detail to the Mayor and
City Council and to respond to questions raised by City staff, co-appellants, media, and
citizens.
_________________________
Appellant BDF Supports and Endorses
the Respective Supplements of Co-Appellants
Let me quickly put to rest any confusion about one-or-two appeals and the “joint
hearing”. BDF supports and endorses the arguments advanced by our co-appellants
(“Broadwater et al.”) in their respective supplemental submissions, particularly those based
on General Plan law and precedent, and will not in this supplement reiterate the
importance and primacy of their work. At BDF we have a distinctive perspective given our
experience in this watershed and our nonprofit corporate purposes but find ourselves
largely in step with many of the positions of Mr. Broadwater, local residents, and
Atascadero’s home=grown Beaver Brigade and do not intend in this supplement in support
of our appeal to merely reiterate others’ good works some of which have been
incorporated by prior reference in BDF’s own appeal papers. That being said, and despite
///
1 Two separate and independent appeals were filed after the Planning Commission 4-3 vote on July
18, 2023 approving the six-acre recreational vehicle lot on Sycamore Road property belonging to
Real Party in Interest Atascadero Mutual Water Company lot, APN 028-121-001. The first appeal
was filed by long-time Atascadero resident David Broadwater and the second by California nonp
profit 501c3 corporation Biodiversity First!, Inc. Each had timely filed opposition to the planning
commission matter on the proposed RV Storage on the floodplain and each timely filed a notice of
appeal. Each appeal was required to pay – and paid - the filing fee. City planning director Phil
Dunsmore proposed a “joint hearing” of the two appeals be set and heard by the Mayor and City
Council on October 10, 2023. It is our understanding that the Joint Hearing Transcript will
constitute the hearing transcript for any further proceedings, whether by City, Mr. Broadwater, or
BDF.
///
///
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 193 of 214
///
our agreement to enter into this joint hearing for the sake of efficiency and on account of
relatedness on some issues, BDF’s appeal and relief it seeks are entirely independent
and warrant the need for a separate appeal (even if doubling the appeal fees paid to the
City!).
_________________________
Categorical Exemptions to CEQA are Subject to Express Exceptions
As noted and cited in BDF’s opening appeal brief ”the categorical exemptions are
not absolute” Although a project might otherwise be eligible for a categorical exemption,
an exemption must be denied if ”there is a reasonable possibility of a
significant effect on the environment due to unusual circumstances” 14
Cal.Code Regs §15300.2(c)”, significant cumulative impacts from projects of the
same type will result 14 Cal.Code Regs §15300.2(b), and the project will have
impacts on a uniquely sensitive environment” 14 Cal.Code Regs §15300.2(a).
The Planning Commission’s narrow-majority’s reliance on a Categorical Exemption
from CEQA is Misplaced. Although a project might otherwise be eligible for a
categorical exemption, an exemption must be denied if there is a
reasonable possibility of a significant effect on the environment due to
unusual circumstances or if significant cumulative impacts from projects of the
same type will result.
Unusual Circumstances. If there is a reasonable possibility that an activity or project
will have a significant effect – just one - on the environment due to unusual circumstances
or “significant cumulative impacts”, an agency may not find the activity or project to be
categorically exempt from CEQA. 14 Cal.Code Regs§15300.2(c)3
“Unusual Circumstances” and “”Significant Cumulative Impacts” are present in
number and require this Council’s exception of project from Categorical Exemptions
under CEQA4 If even just one of these is present, the claimed exemption must be
disallowed and CEQA must be followed and implemented.
3 Please note this exception applies only when both unusual circumstances and a significant impact
as a result of thee unusual circumstance are shown. Berkeley Hillside Preservation v. City of
Berkeley 2015 60C4th1086, 1104
4 In evaluating whether a categorical exemption may apply, the agency may not rely on mitigation
measures as a basis for concluding that a project is categorically exempt, or as a basis for
determining that one of the significant effects exemptions does not apply. See, e.g. Salmon
Protection & Watershed Network County of Marin 2004 125 CA4th 1098, 1102
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 194 of 214
o Contemporaneous development and processing of major General Plan
Update with approval of putative storage facility extending across floodplain
to River’s edge is itself an unusual, even inconsistent, circumstance with
public discussions of changes in the GP, with many echoes of Monterey
County experience that resulted in a very channelized river and the
consequent floods and meanders of the river. We must be cautious about
imputing bad motive to anyone so best to leave it that the optics – the rush
to get this facility in ahead of the general plan update -are not good;
o The project will have an unusual and significant effect on the use and
function of the River and associated floodplain as a wildlife corridor;
o The project poses an unusual and significant – and potentially expensive
to the applicant and City – circumstance should it disturb, harass, or
interfere with, much less drive the avian inhabitants away, from the active
Bald Eagle nest in proximity to the project. The Bald Eagle is protected by
an eighty-three year old federal statute which imposes up to a $100,000 fine
on individuals and up to$200,000 on organizations/businesses that so
disturb, harass, interfere with, or evict the Eagle pair;
o The project is proposed to be situated on APN 028-121-00 portions of
which h have been historically, at least until very recently, used to dump
asphalt, construction dirt and aggregate, serving sometimes as a borrow pit,
and other contaminated material and substances. It is not proposed that any
removal or mitigation of the residue of the site’s past use need occur
although the location of the residue appear to be close and sometimes
overlie river aggregate sedimentary deposits and underflow. This is an
unusual and significant environmental effect;
o Atascadero is the first incorporated city on the River below its headwaters
and a number of cities and communities and more than an estimated
300,000 persons, including 30,000+ Atascadero residents, live within five
miles of the River over the approximately 170 miles the River travels before
it discharges into the Pacific Ocean. Any discharge or release of waste,
pollutants, solvents, PPSMs will be carried downstream and give rise to
potential liability of Atascadero under the federal Clean Water Act and
various state laws. This is an unusual and significant environmental effect.
o Two dams are immediately upriver from Atascadero, the War
Department’s pre-World Was II “Salinas Dam” holding over 25,000 acre
feet of River water, and rated and assessed as High Risk, and a few miles
below the Salinas Dam an unnamed rogue, unlicensed, uninspected dam
estimated at less than one-fifth the volume of water of the Salinas Dam.
Both dams were built before good seismic mapping had been done and
before fortifications to guard against sabotage but in the interest of security
more detailed assessments of the hazard from the Salinas Dam are no
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 195 of 214
longer available to the public.5 Atascadero sits at the bottom of the hills with
both dams perched above it; both dams have accumulated large amounts of
sediment trapped behind them. The existence of the dams and their hazard
potential, both to humans and Atascadero’s environment and to the upriver
environment, are unusual and pose significant and substantial
environmental threats. The very inadequacy and unavailability of more
detailed hazard assessment information concerning upriver dams6 require
early CEQA Review
o Climate change projections for increased rainfall on the Central Coast have
not yet been incorporated into FEMA flood and floodplain projections but
the recent hurricane, Hillary, brought serious flooding to areas just East of
our Coast Range. This is yet another unusual and while significant still not
fully quantified environmental effect.
o Channelization from moving fencing and improvements to the River’s water
edge, the planned density of the siting of the 262 RV spaces shown on the
project map (see exhibit attached to this supplement), and relocation of the
De Anza trail away from the River will have significant environmental effects
on the function of the floodplain to deal with disparity of river flows, use
and function of the river and floodplain to serve as connecting corridor for
wildlife. This is an unusual circumstance and has a significant environmental
effect.
o One of the most important issues raised by this project as proposed falls
under the general category of “channelization”. On our part of the river
(as opposed to down river, particularly north of Salinas) channelization is
rarely talked about at least out loud and so is “unusual” and it has
potentially devastating impacts on the environment and on the character of
our community. The proposed project, nominally an RV Storage Yard7, is
an example of intentional and strategic channelization, the intentional
reduction in the lateral dimension of rivers for, most commonly, purposes
of flood control and navigation (increasing water depth) but here is to
convert floodplain land into more productive and economically
remunerative use (imagine two story condos lining the river). To channelize
is exactly what it sounds like, the human process of straightening and
deepening channels in rivers. Most often it is done to make the river easier
and safer for larger boats to pass through, to provide a channel that is stable
and unchanging, and to protect developed cities and towns from river
5
6 Salinas Dam is one of a number of dams for which the downstream hazard potential is “not
available” to the public and is “restricted to approved government users” only.
7 As described in our opening submission on appeal and since confirmed in conversations with
insurance company executives, the likelihood of an RV owner or the “storage” facility owner even
being able to procure a policy covering flood damage to a vehicle stored on a FEMA-mapped
floodplain, much less an affordable policy, is almost nil.
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 196 of 214
meander, but here the only obvious function is to add to the real estate
value of the land reclaimed from floodplain use.
§ Before a river like the Salinas River receives a channelized
makeover, it typically is long and meandering, lined with tree snags
and islands, a swath and corridor of natural habitat in a flood plain
able to absorb and buffer the seasonal fluctuations in flow and
manmade emergencies of flooding whether it be the result of a fifty
year storm, enhanced precipitation linked to climate change, or dam
emergency. For agriculture, channelizing on and bank stabilizing on
makes land that is closer to rivers more stable and thus easier to
farm. This has been the case down river, particularly north of
Salinas.
§ However, with such major changes, in the case before us, to
augment development and profitable enterprise, come serious
environmental consequences. Some of the greatest effects include
loss of wetland habitats, reduced woody debris being washed into
the River, erosion, channel incision and a decrease in species
diversity. Erosion and channel incision can be a serious threat to
infrastructure, especially in developed areas. Erosion is increased
particularly by the straightening aspect of channelization. By
removing the natural bends from rivers, the water has a longer me to
build up speed, and this means the water pulls much more of the
surrounding soil with it.
§ That channelization has been deliberatively kept below the public’s
radar, is unusual, and poses dramatic impacts on the
environment. The remedy is to reverse the planning commission
decision - without prejudice - to renewal either following adoption of
the updated and revised City General Plan or upon full compliance
with CEQA after striking the categorical exemption.
o Cumulative impacts from projects of the same type will result in more River
channelization, elimination of floodplain, and a River system much less
tolerant and able to handle fluctuations in River volume due to storms,
climate change enhanced storms, dam releases and failures, displacement
and/or termination of floodplain corridor and trail benefits, and violation of
the laws and regulations governing navigable rivers requiring court and/or
legislative intervention.
It will take only one (1) of the above ten (10) itemized exceptions to operate to extinguish
the categorical exemption asserted by City staff and return this project to normal CEQA
processing.
///
///
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 197 of 214
__________________________
An Invitation to Mayhem
What Could They Have Been Thinking?
The textbook definition of a “floodplain” is an “area of low-lying ground adjacent
to a river, formed mainly of alluvial river=borne sediments and prone to flooding.”
We’ve already addressed the fact that property – structures and RVs for example – on the
floodplain probably will not even be eligible for flood damage insurance coverages and the
proximity of the stored property to the main river channel means that property is unlikely
to fare well when a fifty-year storm arrives, or the next hurricane Hillary wanna-be’s path is
a degree or two west of the recent storm, or the rogue, unlicensed, unengineered dam gets
blown out and thousands of acre feet of water and tons of alluvial deposits are launched
down the river at Atascadero. What if the eighty-three year old, hurriedly designed and
built on the eve of World War II Salinas Dam fails and launches over 25,000 acre-feet of
River water and sediment at Atascadero? Some people have suggested that the “RV Park”
may just be a ruse to justify deliberate channelization (maybe an EIR will help us
understand) but one must ask what was the four=person majority of the Planning
Commission thinking? They admit the RV Park sits on designated floodplain! Please look
at the RV Park map that appears as Exhibit A to this Supplement to see not just the
obvious vulnerability of property so close to the main River channel but to see how
dramatic the Commission’s departure from the current General Plan’s policies, guidelines,
and principles is (see next section). And with 262 recreational vehicles, what kind of
emergency evacuation is possible on Sycamore Road? Tropical storm or hurricane?
Upstream dam blow out? An invitation to mayhem indeed. Imagine attempts by some
local owners to remove their recreational vehicles in emergency and likely to be poor
conditions to begin with and the likelihood that not only is getting them out of the RV
storage problematic but the congestion they are likely to cause on evacuation routes needed
by residents in direct danger?
____________________
The Project is Inconsistent With Existing Policies of the
Current General Plan
The first filed appeal, brought by Mr. Broadwater, has done a detailed
“consistency” review of the Open Space Policies of the Land Use, Open Space &
Conservation Element of the current General Plan. That review points to evidence that the
RV storage CUP is, in fact, inconsistent with the current General Plan and contradicts key
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 198 of 214
findings that it is, e.g., findings that it will not be detrimental to the health, safety or welfare
of the general public, findings that it will not be inconsistent with the character of the
immediate neighborhood, and findings that, simply because the property is currently zoned
as Industrial Park, other factors that must be included in decision- making may be
neglected or overridden.
The Open Space Policy cites the need for protection of the Salinas River corridor
from detrimental developments. This RV storage project is plainly inconsistent with the
current General Plan’s Open Space Policies and we join Mr. Broadwater in urging the
Council find that the project is inconsistent with them. Selected text in Open Space Policies
is highlighted in BOLD to indicate those with which this CUP may be deemed by the City
Council to be inconsistent, and to support findings that it should be denied or delayed.
Land Use, Open Space & Conservation Element
June 25, 2002 ...
E. Land Use, Open Space, and Conservation Goals, Policies and Programs [page II-13]
...
2. Open Space Policies [page II-27] ...
Goal LOC 6. Preserve natural flora and fauna and protect scenic lands, sensitive natural areas...
Policy 6.1: Ensure that development does not degrade scenic and sensitive areas, including
historic sites, creeks, riparian corridors, wetlands, woodlands, hillsides and other valuable
habitats.
Programs: ...
4. Scenic and sensitive lands including creeks, riparian corridors, wetlands and other areas of
significant habitat value shall be protected from destruction, overuse, and misuse by the
use of zoning, tax incentives, easements, or fee acquisition.
5. Public and private development in close proximity to scenic and sensitive lands, including
creek reservations, wooded areas, flood plains, prominent view sheds and historic sites shall
be designed to minimize impacts.
6. Scenic and open space easements, parklands and open space dedications shall be
required as mitigation for subdivisions and development projects that impact, floodplains,
creek reservations, wooded areas, scenic backdrops, sensitive areas, historic sites, cultural sites,
and similar areas.
7. The City shall carefully evaluate both public and private projects to require the
preservation of trees, watersheds, natural slopes, and other natural features.
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 199 of 214
...
Goal LOC 8. Watershed areas of Atascadero shall be protected.
Policy 8.1: Ensure that development along Atascadero Creek, Graves Creeks, the Salinas
River, blue line creeks, and natural springs, lakes, or other riparian areas does not interrupt
natural flows or adversely impact riparian ecosystems and water quality.
Programs:
1. Work with other agencies to implement the Erosion
Control Assistance Program for review of development proposals to minimize sedimentation
of creeks and the Salinas River.
2. Update the Appearance Review Manual to include provisions for preserving, reclaiming
and incorporating riparian features in conjunction with new development.
3. The waterways in the City shall be maintained in a natural state...
...
6. Prohibit new structures or disturbance of riparian habitat along creek banks except for
restoration purposes.
...
8. Prior to permit approval, refer projects along blue-line creeks to the Corps of Engineers,
Department of Fish and Game, Regional Water Quality Control, and Upper Salinas-Las Tablas
Resource Conservation District.
9. Creek reservations and the Salinas River shall be preserved for open space and
recreational use, with appropriate areas left in their natural state for public enjoyment and
habitat purposes. Any recreational use of the River and creeks shall minimize its impact on the
habitat value and open space qualities of the creeks.
10. Land disturbance shall be minimized in proximity to watercourses including
necessary flood protection measures, such as selective brush clearing, and low-impact trail
development.
11. Areas subject to flooding, as identified through flood hazard overlay zoning and flood
maps, shall be protected from unsound development consistent with the City's flood hazard
ordinance requirements.
...
13. Support the establishment and protection of floodable terraces, wetlands, and
revegetation along creeks and streams.
Policy 8.2: Establish and maintain setbacks and development standards for creek side
development.
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 200 of 214
Program:
1. Adopt and maintain a creek setback ordinance that will establish building setbacks and
development standards along the banks of Atascadero Creek, Graves Creek, blue line creeks
and the Salinas River to ensure the uninterrupted natural flow of the streams and protection of
the riparian ecosystem...
...
Programs:
1. Develop park, trail, and recreational amenities where
appropriate in public creek reserves.
2. Require the dedication of trail easements and access
points as part of subdivision maps or development permits
consistent with the Circulation Element.
_______________________
BDF Standing
This section is more informational than argument – no one has
asserted or alleged Biodiversity First! (BDF!) lacks standing to appear before
the Planning Commission or to appeal the Planning Commission’s narrow 4-3
vote to the Council. BDF timely filed written opposition to the application of
VSM/AMWC before the Planning Commission, and timely filed a brief and
paid the appeal fee in full in support of its appeal of the Planning Commission
4-3 vote approving the application.
BDF is an nine year old California not-for-profit corporation in good
standing and certified and recognized as an IRC §501(c)3 tax exempt
organization. As stated on its popular website, “Biodiversity First!’s purpose is
the protection and recovery of, and securing a future for, all species of wild
animals and plants by protecting and conserving the lands, waters, watersheds,
and connectivity that support a symbiotic community that enables climate
change resilience”.
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 201 of 214
BDF supports the now more than ten-year-old initiative of Ecologistics
Inc. known as “Dreaming the Salinas” and BDF’s board members, staff, and
volunteers have experience with many Salinas River watershed issues,
including legal representation of other Salinas watershed cities. Our board
members and staff members have been involved with early efforts to mitigate
the flood danger of the unpermitted dam a few miles below the Salinas Dam
and up-river from Atascadero. We believe in letting our funded projects and
litigation speak for us. 8
And that is the case with our projects inside the City boundaries of
Atascadero, two of the most recent ones being the two research grants, totaling
more than $50,000 with faculty, researchers and students at California State
University Channel Island, under the guidance and leadership of Dr. Emily
Fairfax, currently Assistant Professor of Physical Geography , Department of
Geography, Environment, and Society University of Minnesota, Twin Cities.
Through these research grants, BDF hopes to contribute to establishing
a new language for this keystone species in our region that will assist land and
water management decisions to shift toward embracing the benefits that
beavers offer to wild animals, local and migratory birds, frogs, amphibians,
insects, and aquatic plants as they help restore the ecosystem in the Salinas
River watershed. The first grant, made in 2020, was titled “2020
Biodiversity First! Research Grant: Beavers, Climate Change, and
Ecosystem Resilience”, and the second grant followed two years later. In
addition to these Atascadero-specific grants, BDF has also funded technical
training of employee(s) and volunteer(s ) to staff and provide technical
assistance to groups working with or in collaboration with the Beaver Brigade.9
8 BDF’s board of directors, staff, members (many residents of Atascadero), and volunteers are
comprised of a diverse group of caring and committed citizens, and include persons who have been
employed by or worked for the Governor’s Office of Planning and Research, served as staff to the
California Coastal Commission, represented the State Energy Commission in federal court
litigation, were among founders of the SLO County-based Municipal Advocates Group, and have
argued cases before many of the highest courts in the State and country.
9 We are impressed by and grateful for the remarkable cooperation and knowledge of City of
Atascadero staff but we’ve also appreciated the candidly offered opinions of a couple of persons to
the effect that “you don’t understand how things are done here” . We listen but we are concerned
that for too long the default may have trended to place dirty or otherwise problematic uses next to
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 202 of 214
BDF has also organized and sponsored several well-attended programs
venued in Atascadero.
__________________
Other Issues And Investigation
Preparation of an EIR will address many of the issues addressed in this
brief. Should the applicant and/or Real Party withdraw the project application,
or should one or both of the appeals not be sustained by Council and
proceedings in appellate courts ensue, it still appears advisable that the City
Council consider directing City staff to investigate and if they deem it
advisable meet with regulators of Salinas Dam and with the owner(s) of the
unlicensed dam to produce a risk assessment of the partial or total failure of
said dams and the impacts of such failure(s) on City property; that staff
consider and recommend to Council whether to incorporate the goal and
waste standard of net zero degradation of River including underflow.; that
Staff consult and retain the assistance of an avian species expert to identify
what activities should be regulated and at what proximity to the extant Bald
Eagle nest.
_______________________
Bald Eagle Protection: Our Canaries in the Coal Mine
I have included the Bald Eagle issue also as one of the “unusual circumstances”
operating to discharge the CEQA exemption and it is discussed in that context above. But
the eagles in a sense are the canaries in our coal mine, they don’t depend on CEQA being
triggered to have some hope of surviving the threat of the RV project.
The Act defines "take" as to "pursue, shoot, shoot at, poison, wound, kill, capture,
trap, collect, molest or disturb." Regulations further define "disturb" as “to agitate or bother
a bald or golden eagle to a degree that causes, or is likely to cause, based on the best
scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by
substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest
the River (sort of upside down zoning, placing your dirtiest and most toxic uses closest to your most
pristine and sensitive habitats) and floodplain and not to be fully accountable for any harmful or
noxious impacts or environmental degradation.
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 203 of 214
abandonment, by substantially interfering with normal breeding, feeding, or sheltering
behavior" (50 CFR 22.6).
We don’t think we should have to belabor the point but is the unanticipated
discovery in the project vicinity of an active nest of a bird of prey protected by not just any
federal law but one named after the avian species that is our national symbol and enacted
not in the flurry of environmental laws enacted in 1969-1974, but eighty-three years prior in
1940, and carrying penalties of $100,000 to $200,000 for disturbing or dislocating the nest
or its inhabitants“; is that an “unusual circumstance”? Is it made more unusual if the
federal law protects the avian species from any disturbance or dislocation? Or do the six
figure penalties for violation of the law by the applicant of by the City as the permitting
agency render it unusual? Similarly, does the fact that there is a rogue, unpermitted dam on
the Salinas River upstream from the project site for which the owner has restricted access to
all files including by the University and state agencies that had been working on mitigation
to be implemented to prevent catastrophic dam failure launching hundreds of acre feet of
water and tons of accumulated settlement down the Atascadero floodplain? Is is unusual
that an 83 year old dam upstream holding upwards of 25,000 acre feet of water is rated
“High Risk” but all other risk assessment data is impounded and unavailable to the
public? Is it unusual that the project site is on top of a flood plain consisting of yards-deep
cover of alluvial aggregate? and is it unusual that recent storms have shown that the need to
enlarge protection and operation of the floodplain to both deal with bigger storms and to
protect the City from up river dam failures? Most of the foregoing are situations where
there is reasonable possibility of a significant effect on the environment due to unusual
circumstances but cumulative impacts from projects of the same type are also possible
adding another independent ground for sustaining an exception to an exemption. Does the
City’s approval of this project, rejecting consideration of significant environmental impacts,
not operate as an invitation to other projects of the same or similar type and ilk to locate on
the river, overlying its underflow and deposits of aggregate matter forming the floodplain,
without having to account for the cumulative impact of such projects? Really?
But the rigid enforcement of the categorical exemption choice, before an initial
study and attributing absolute cut-off to the choice, barring introduction and consideration
of both statutory and general exceptions, is directly contrary to state statutory and decisional
law, and constitutes prejudicial error.\
The planning commission’s decision should be reversed and vacated and the
matter referred and returned to the Community Development Department for further
proceedings consistent with this opinion.
///
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 204 of 214
///
///
_____________________
Applicant and Non-Appearance By Real Party In Interest
A brief note on the parties before the Council may be appropriate here. The
project applicant, VSM Leasing & Rentals LLC, is appearing before this Council as the
presumed lessee of land from the property owner of record and real party in interest
Atascadero Mutual Water Company. AMWC advertises that it serves 30,000 customers
through more than 10,000 connections., presumed because AMWC has not itself
appeared in this action and the lease – or at least proof of AMWC’s consent to the lease-
does not appear in the record provided to and reviewed by appellant, perhaps to try to
avoid any real or perceived voting conflicts of interest by Council members should they
hold shares or other beneficial interests in AMWC. This may be relevant because the
recent trend, including at the north end of this watershed, is for the owners of record of
mapped floodplain lands to favor channelization, buttressing of river banks, and then
development of the floodplain properties. Appellant believes the lease itself and real party’s
consent to that lease should be part of the public record in this proceeding as are the
Council’s individual conflict filings.
____________________
The City of Atascadero Is Effectively the Constructive Trustee of Salinas
River Water When It’s Within City Boundaries; Zero Discharge of
Contaminants Must Be Atascadero’s Strategic Goal
The City of Atascadero’s position as a subordinate entity of the State of California
can be best thought of as being in the position of a constructive trustee10 of the Salinas River
flow and underflow passing through the city and within its municipal boundaries. Most of
Atascadero’s population reside and/or work within five miles of the River, a number
currently estimated at approximately 34,000 persons, but the River passes through two
counties and a number of cities and using the same five mile delimitation, and after it
leaves Atascadero it is estimated another 275,000 persons live within five miles of the River
before it reaches the Pacific Ocean.
10 A constructive trust is a form of equitable remedy, often imposed by a court, to benefit a party
that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal
property.
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 205 of 214
The City receives both benefits and liabilities from “hosting” the River for a few miles and
inherits obligations from its status as the municipal entity through which the River passes
through to send the water downstream to other communities in the same condition as it
received it. It is the closest municipal entity to the river and floodplain and receives the
cleanest, freshest water but it also bears the largest municiple burden of river floods and
dam failures and to so oversee and police river and floodplain use so as to protect and not
degrade the natural resource . The day is close at hand if not already passed when
Atascadero water will be tested entering your city and leaving your city. In your use and
zoning the City must understand it may be held liable for degradation under various
provisions of state and federal law, including the federal clean water act. We cannot
continue to use the river as our waste discharge utility. To place a recreational vehicle
parking lot on a permeable and porous collection of river deposited aggregates and human
detritus from hydrocarbons, to PFAS’s11, lithium, to human waste and the migration of
those substances to and by river transport is actionable – it is purporting to license and
permit the fouling of a public water supply.
The optics are not good should it appear the planning commission majority handed
the water district a favor in the tenancy of VSM and effectively gave the tenant a license to
pollute.
___________________
CONCLUSION
BDF respectfully asks and urges the Mayor and Council Members, on the factual
and legal record before them, to REVERSE and VACATE the Planning Commission’s
July 18, 2023 4-3 decision in this matter; and GRANT the appeal of BIODIVERSITY
FIRST!, Inc.12
Respectfully submitted, with thanks to our many
Atascadero-based members, friends, and colleagues,
BIODIVERSITY FIRST!, INC.
s/ Michael R. Jencks
11 AMWC officials have indicated Real Party in Interest AMWC has already done definitive
testing for PFAS contamination of Salinas River water and that laboratory reports of the testing
AMWC confirms it is occurring.
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 206 of 214
From:Marty Brown <>
Sent:Sunday, September 24, 2023 8:50 AM
To:City Clerk
Subject:RV Storage at 805 Sycamore Road
To: The City Council of Atascadero
As a 55-year resident, property and business owner here in Atascadero, I have great concern
about the protection of our water and wildlife. On the website for Atascadero Mutual Water Company it
says the following:
"AMWC and the City of Atascadero allow public use of their properties that front the Salinas River.
Allowable uses include horseback riding, hiking and bicycling. Motorized vehicles, fires and firearms
(including paintball guns) are prohibited. Many enjoy daily walks along the Juan Bautista de Anza
Trail. It is AMWC and the City's desire to maintain the precious riparian corridors so we can all enjoy
them for many years to come."
I feel the same. As long as I have lived here it has been my habit and pleasure of horseback riding,
hiking with my children and just visiting our Salinas River habitat to experience and learn about
the fish, birds, beavers and the wide variety of wildlife that are such an important part of our
environment here. Important? They are VITAL!
This proposed 262 RV parking lot is a misplaced development in our watershed. It would
be such a shame to have high fencing, night lighting, extra traffic along winding Sycamore Road,
people in and out at all hours, and no one checking on security. Would Atascadero Police
be required to add this to their patrol duties? Also, the distinct reality of pollution from oil dripping,
engine exhaust, and dumping should not be tolerated in the Salinas floodplain.
The required posting of a planned development of this size has not posted notice to the public.
The one sign on the fence at the entry designates the De Anza Trail and that has been defaced,
spray painted with an x-rated word. Regarding the De Anza Trail, that will be redirected along
the road making it unsafe for people walking, riding horses or bicycles.
This 262 RV parking lot would be against our vision of Atascadero's rural and Tree City heartbeat.
Our town is growing in commerce, as it should, but our watershed is not the place for a six acre
parking lot. Blight is not right.
Respectfully submitted,
Ms. Marty Brown
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 207 of 214
From:Marty Brown <>
Sent:Sunday, September 24, 2023 12:20 PM
To:City Clerk
Subject:Correction on a letter I just sent
Hello,
I just realized the Subject of the letter I just sent should have been
6805 Sycamore Road not 805 --
Please make a note or correct it please.
Thank you very much,
Marty Brown
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 208 of 214
From:Everett Kinkade Smet <>
Sent:Tuesday, September 26, 2023 1:57 PM
To:City Clerk
Subject:RV Storage at 6805 Sycamore Road
Hi,
I am a homeowner and resident who lives on Mercedes Ave near Pine Mountain and the De Anza Trail. I enjoy both regularly
and get enjoyment from the beauty of our wild spaces and access to nature. I am concerned this area will get developed,
destroying the sweeping open floodplain of the Salinas River. I enjoy the wildlife there, from birds, to fish, to beavers.
I am so disappointed with the proposal to fill this space with RV storage. Please do not approve it.
Also, I am concerned with the potential pollution of the river this could cause, especially in the event of the river flooding as it
did this year, with RV parts getting swept down the river.
Please do not approve this proposal.
Everett Kinkade Smet - resident, homeowner, nature lover, human who uses these spaces regularly for recreation
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 209 of 214
From:Jacqueline Knowlton <>
Sent:Thursday, September 28, 2023 2:02 PM
To:City Clerk
Subject:Appeal of Planning Commission Approval of 6805 Sycamore Road RV Storage
TO: Atascadero City Clerk
RE: Appeal of Planning Commission Approval of 6805 Sycamore Road RV
Storage
DATE: September 26, 2023
We urge the Commission to reject the permit to allow six acres of RV storage in the floodplain of the Salinas River.
This project lacks the correct and professional analyses of this biologically and hydrologically sensitive area. To
laypersons such as ourselves, this project of building in the floodplain at a time when we are getting more and more
atmospheric river events seem certainly headed for disaster, and the taxpayers will likely have to foot the bill when it
happens. Also, it seems obvious that the pollutant runoff from these 262 vehicles will be extremely detrimental to the
Salinas River. The proper studies must be conducted by qualified professionals.
Additionally, there is a very apparent environmental disaster looming in terms of the destruction of an ecosystem
which provides hydrologic, geologic, air quality and biodiversity services to our local area. We must conserve these
remaining ecologically-sensitive areas if we are to survive long-term as a species ourselves. We can’t continue to saw
off the limb of the tree on which we are sitting. Again, professionally qualified ecologists and biologists must be hired
to study the ramifications of this project. Until studies have been done and results have been carefully examined and
weighed, this permit should be denied.
Respectfully,
Jacqueline and Bill Knowlton
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 210 of 214
From:Chris Smith <>
Sent:Saturday, September 30, 2023 11:37 AM
To:City Clerk
Subject:Re: RV storage at 6805 Sycamore Rd.
Dear City Clerk:
Please pass this email along to all city council members. As a 45 year Atascadero resident, I am writing in opposition to the above
referenced development project. This is a mis-use of the land for numerous reasons including:
1) Flood Plain issues – development in a flood plain should not be encouraged
2) Traffic issues – mostly non-city residents will benefit while adding noise and associated vehicle related pollution that
affects city residents
3) Impact on historic resources – De Anza Trail
4) Risk for environmental degradation from run-off which could also impact the city’s drinking water supplies
5) The mutual water company will receive rental payments for this use with no guarantees for pass-thru benefits to the
public; this presents to me as a “gift” of a public resource without compensation for negative public impacts
6) Our City is improving its image to attract tourism. An RV storage project will
a) not generate local jobs,
b) benefits non-city residents for recreation that will not even take place in the community and,
c) will degrade the community’s ability to exploit our valuable environmental resources in a manner that could generate
eco-tourism (and local jobs) for Atascadero
I urge the City Council to deny this project or at the very least, delay the decision until a full array of economic and
environmental studies are conducted and evaluated by impartial, qualified organizations.
Chris Smith
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 211 of 214
From:Kelly O <>
Sent:Monday, October 2, 2023 11:21 AM
To:City Clerk
Subject:RV Storage at 6805 Sycamore Road
To whom it may concern,
I am voicing my strong opposition to the proposed RV Storage at 6805 Sycamore Road.
This location provides access to trails and open space for recreational use in the City of Atascadero which has somewhat limited
open space venues. Storage of RV's for the purposes of storage only should occur on private and potentially rural land. The
eyesore of parking 200+ RV's on a major thorough fare (highway 41 above) is only a minor issue. The parking of 200+ RV's will
only further deteriorate an area that already needs attention. The last time I walked along that area to gain access to the salinas
river I was saddened to see the industrial waste that has collected. This area needs attention and not in the form of RV Storage.
Thank you for your consideration,
Kelly Oringer
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 212 of 214
From:Santa Lucia Sierra Club <>
Sent:Monday, October 2, 2023 3:08 PM
To:City Clerk
Subject:Sierra Club comment on RV Storage at 6805 Sycamore Rd
Dear Councilmembers,
We support the appeal of the decision of the Atascadero Planning Commission approving a six acre recreational vehicle storage
lot for 262 vehicles at 6805 Sycamore Road, Atascadero.
This project has been deemed categorically exempt from CEQA (Title 19, 15304 Minor Alterations to Land).
We find this to be an extraordinary claim for three reasons.
First, in a study of Salinas River beaver complexes in Atascadero, Fairfax Lab has observed and classified multiple bird, mammal
and reptile species, three of which (Lawrence’s Goldfinch, Black-crowned Night Heron and Snowy Egret) are on the California
Dept. of Fish and Wildlife's list of Special Status Species.
Second, this project proposes a mitigation measure for potential impacts on nesting bald eagles adjacent to the site. If
mitigations are found to be necessary due to a project’s potential environmental impacts, the project cannot be exempt from
CEQA. If a project is categorically exempt, it cannot impose mitigation measures. Whether the bald eagle monitoring
requirement could be considered a mitigation measure or an avoidance measure -- utilized to avoid potential adverse
environmental effects which are otherwise not significant – that determination of significance must be made based on an
environmental review, which has not occurred.
Third, the discussion of Categorical Exemptions in the CA Code of Regulations (15300.2), notes the following:
“In McQueen v. Mid-Peninsula Regional Open Space (1988) 202 Cal. App. 3d 1136, the court reiterated that categorical
exemptions are construed strictly, shall not be unreasonably expanded beyond their terms, and may not be used where there is
substantial evidence that there are unusual circumstances (including future activities) resulting in (or which might reasonably
result in) significant impacts which threaten the environment.”
The proposed project is in a flood plain. Appellants have noted the likelihood that the project will reduce the ability of the
floodplain, beaver habitat, and wetland to provide groundwater recharge, flood control, wildfire buffers and a wildfire
break. (Dr. Emily Fairfax, noting “the magnitude of flood events that activated the entire floodplain this past winter,” has
observed that “it is in no one’s best interest if infrastructure is built, then immediately washed away.”) In addition to the
“unusual circumstances…resulting in (or which might reasonably result in) significant impacts which threaten the environment,”
the project presents a violation of the General Plan in that such impacts would be detrimental to the “welfare of the general
public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use.” It also fails to conform to the Open Space Policy requiring that “the City shall carefully
evaluate both public and private projects to require the preservation of trees, watersheds, natural slopes, and other natural
features.”
Your planning commission voted to “continue the Conditional Use Permit (CUP) USE21-0107 until staff reviews the General Plan
analysis where the City Council feels comfortable with the future land use designation on this site.”
We urge you to uphold the appeal of this permit and direct staff to conduct that review, and to require a CEQA analysis if the
applicant should reapply for a project permit in this location.
Thank you for this opportunity to comment,
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 213 of 214
Sue Harvey, Conservation Chair
Sierra Club Santa Lucia Chapter
ITEM NUMBER: B-2
DATE: 10/10/23
ATTACHMENT: 8
Page 214 of 214