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HomeMy WebLinkAboutCC_2023_10_24_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA HYBRID MEETING INFORMATION: The City Council meeting will be available via teleconference for those who wish to participate remotely. The City Council meeting will also be held in the City Council Chambers and in-person attendance will be available at that location. HOW TO OBSERVE THE MEETING REMOTELY: To participate remotely, residents can livestream the meeting on Zoom, SLO-SPAN.org, on Spectrum cable Channel 20 in Atascadero, and listen live on KPRL Radio 1230AM and 99.3FM. The video recording of the meeting will repeat daily on Channel 20 at 1:00 am, 9:00 am, and 6:00 pm and will be available through the City’s website and on the City’s YouTube Channel. To participate remotely using the Zoom platform please visit: https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA HOW TO SUBMIT PUBLIC COMMENT: Public comment may be provided in-person or remotely. Call (669) 900-6833 (Meeting ID: 889 2347 9018) to listen and provide public comment via phone or via the Zoom platform using the link above. Written public comments are accepted at cityclerk@atascadero.org. Comments should identify the Agenda Item Number in the subject line of the email. Such comments will be forwarded to the City Council and made a part of the administrative record. To ensure distribution to the City Council before consideration of an item, please submit comments not later than 12:00 p.m. the day of the meeting. All correspondence will be distributed to the City Council, posted on the City’s website, and be made part of the official public record of the meeting. Please note, comments will not be read into the record. Please be aware that communications sent to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under applicable law. Communications will not be edited for redactions and will be printed/posted as submitted. AMERICAN DISABILITY ACT ACCOMMODATIONS: Any member of the public who needs accommodations should contact the City Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when services are needed. The City will use their best efforts to provide reasonable accommodations to afford as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. DISCLOSURE OF CAMPAIGN CONTRIBUTIONS: Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration. City Council agendas and minutes may be viewed on the City's website: www.atascadero.org/agendas Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The Minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are made a part of the record or referred to in their statement will be noted in the Minutes and available for review by contacting the City Clerk's office. All documents will be available for public inspection by appointment during City Hall business hours. CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, October 24, 2023 City Hall Council Chambers, Fourth Floor 6500 Palma Avenue, Atascadero, California REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Moreno ROLL CALL: Mayor Moreno Mayor Pro Tem Funk Council Member Bourbeau Council Member Dariz Council Member Newsom ADDITIONS, DELETIONS, AND APPROVAL OF AGENDA: Roll Call Recommendation: Council: 1. Add or remove items, and then approve this agenda. 2. Waive the reading in full of all ordinances appearing on this agenda; 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. PRESENTATIONS: 1. US 101 North San Luis Obispo County Comprehensive Multimodal Corridor Plan A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the Consent Calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Draft Minutes – October 10, 2023 ▪ Recommendation: Council approve the October 10, 2023, Draft City Council Regular Meeting Minutes. [City Clerk] City Council Regular Session: 6:00 P.M. Page 1 of 50 2. September 2023 Accounts Payable and Payroll ▪ Fiscal Impact: $4,341,192.99. ▪ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for September 2023. [Administrative Services] 3. 2023 & 2024 Measure F-14 Pavement Rehabilitation Projects ▪ Fiscal Impact: Approving staff’s recommendations in this report will result in estimated expenditures of $385,780 from Sales Tax Measure F-14 Funds for the design phase of the 2024 F-14 Project, and $150,000 in Sales Tax Measure F-14 Funds to the 2023 F-14 Project for road work on Via Avenue and Ensenada Avenue. ▪ CEQA Determination: The recommended action would not result in a potential direct or reasonably indirect physical change in the environment and, accordingly, does not qualify as a “project” under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) or CEQA Guidelines (14 Cal. Code Regs. §§ 15000, et seq.; see 14 Cal. Code Regs. §§ 15061(b)(3) and 15378). Even if the award of contract were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use; or a minor alteration in land use limitations (see CEQA Guidelines §§ 15301, 15305). ▪ Recommendation: Council: 1. Award a professional services agreement with Rick Engineering Company for $385,780 to provide design engineering and prepare bidding documents for the 2024 Measure F-14 Pavement Rehabilitation Project (Project No. C2023R01). 2. Adopt Draft Resolution approving a Change Order to the 2023 Measure F- 14 Pavement Rehabilitation Project with Souza Construction to include pavement rehabilitation construction for Via Avenue (from Traffic Way to Ensenada Avenue/Via Avenue Bridge) and Ensenada Avenue (from Via Avenue Bridge to Capistrano Avenue). 3. Authorize the Administrative Services Director to reallocate $150,000 in fiscal year 2023-2024 Sales Tax Measure F-14 Funds from the 2024 Measure F-14 Pavement Rehabilitation Project to the 2023 Measure F-14 Pavement Rehabilitation Project for road work on Via Avenue and Ensenada Avenue. 4. Take such additional, related, action that may be desirable. [Public Works] 4. Annual Military Equipment Report Pursuant to Assembly Bill 481 ▪ Fiscal Impact: None. ▪ Recommendation: Council receive and file the annual Military Equipment Report pursuant to the requirements of Assembly Bill 481; and take such additional, related, action that may be desirable. [Police Department] 5. Professional Services Agreement for Wastewater Collection System Master Plan Update ▪ Fiscal Impact: $185,400. ▪ Recommendation: Council award a professional services agreement with Carollo Engineers, Inc. for $185,400 to provide engineering services and prepare the 2024 Wastewater Collection System Master Plan Update (Project No. C2023W01); and take such additional, related, action that may be desirable. [Public Works] Page 2 of 50 6. Authorization to Repair Various Roads Damaged in the 2023 Winter Storms ▪ Fiscal Impact: $250,000. ▪ CEQA Determination: The recommended action would not result in a potential direct or reasonably indirect physical change in the environment and, accordingly, does not qualify as a “project” under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) or CEQA Guidelines (14 Cal. Code Regs. §§ 15000, et seq.; see 14 Cal. Code Regs. §§ 15061(b)(3) and 15378). Even if the award of contract were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use; or a minor alteration in land use limitations (see CEQA Guidelines §§ 15301, 15305). ▪ Recommendation: Council authorize the Administrative Services Director to allocate $250,000 in Local Transportation Funds to repair various roads that were damaged during the 2023 winter storms; and take such additional, related, action that may be desirable. [Public Works] 7. Police Patrol Vehicles Purchase ▪ Fiscal Impact: $421,500. ▪ Recommendation: Council: 1. Ratify the purchase of six Dodge Durango replacement patrol vehicles from John Jones Auto Group in the amount of $297,720. 2. Authorize the expenditure of $123,660 for the associated upfitting of these patrol vehicles from Northern California Emergency Vehicle Installations. 3. Take such additional, related, action that may be desirable. [Police Department] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Comments will be allowed for the entire 30-minute period so if the final speaker has finished before the 30 minute period has ended and a member of the public wishes to make a comment after the Council has commenced another item, the member should alert the Clerk within the 30 minute period of their desire to make a comment and the Council will take up that comment upon completion of the item which was commenced. Any members of the public who have questions or need information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00 p.m. at (805) 470- 3400, or cityclerk@atascadero.org.) B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: None. Page 3 of 50 D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Moreno 1. City Selection Committee 2. County Mayors Round Table 3. Regional Economic Action Coalition (REACH) 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (RTA) Mayor Pro Tem Funk 1. Atascadero Basin Ground Water Sustainability Agency (GSA) 2. Design Review Committee 3. Homeless Services Oversight Council Council Member Bourbeau 1. City of Atascadero Finance Committee 2. City / Schools Committee 3. Integrated Waste Management Authority (IWMA) 4. SLO County Water Resources Advisory Committee (WRAC) Council Member Dariz 1. Air Pollution Control District 2. California Joint Powers Insurance Authority (CJPIA) Board 3. Community Action Partnership of San Luis Obispo (CAPSLO) 4. Design Review Committee 5. Visit SLO CAL Advisory Committee Council Member Newsom 1. City of Atascadero Finance Committee 2. City / Schools Committee 3. League of California Cities – Council Liaison E. INDIVIDUAL DETERMINATION AND / OR ACTION: (Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) 1. City Council a. Mayor Moreno will request Council to direct staff to draft, and authorize the Mayor and City Manager to sign, a letter supporting the El Camino Homeless Organization’s (ECHO) funding request, from the County of San Luis Obispo, for the expansion of operations at their Paso Robles facility. 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager ADJOURNMENT Page 4 of 50 ITEM NUMBER: A-1 DATE: 10/24/23 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, October 10, 2023 City Hall Council Chambers, Fourth Floor 6500 Palma Avenue, Atascadero, California REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor Moreno called the meeting to order at 6:01 p.m. and Council Member Newsom 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, Community Development Director Phil Dunsmore, Fire Chief Casey Bryson, Interim Police Chief Joe Allen, Public Works Director Nick DeBar, Interim City Attorney Karl Berger, Deputy City Manager/City Clerk Lara Christensen, Deputy City Manager – IT Luke Knight, Deputy Administrative Services Director Cindy Chavez, and Senior Planner Kelly Gleason. 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. CLOSED SESSION REPORT: a. September 26, 2023 City Council Regular Session: 6:00 P.M. Page 5 of 50 ITEM NUMBER: A-1 DATE: 10/24/23 City Attorney Berger noted that there was no reportable action. PRESENTATIONS: 1. Employee Recognition City Manager Lewis presented the following employees with Service Awards: • 5 Years: Kyle Nakazawa, Fire Engineer/Paramedic Adam Medina, Public Safety Dispatcher Jessica Applegate, Permit Technician Marc Nobriega, Police Corporal • 10 Years: Patti Deirmenjian, Recreation Coordinator • 15 Years: Chris Hester, Police Corporal • 20 Years: Scott Pipan, Police Corporal Jason Carr, Police Commander • 25 Years: Jeff Wilshusen, Police Sergeant 2. Proclamation declaring October 8-14, 2023 as Fire Prevention Week The City Council presented a Proclamation to Chief Bryson and members of the Atascadero Fire & Emergency Services Department, declaring October 8-14, 2023, as Fire Prevention Week. A. CONSENT CALENDAR: 1. City Council Draft Minutes – September 26, 2023 ▪ Recommendation: Council approve the September 26, 2023 Draft City Council Regular Meeting Minutes. [City Clerk] 4. Revegetation Contract Award for the Santa Lucia Road Bridge Replacement Project ▪ Fiscal Impact: $628,027. ▪ 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] Page 6 of 50 ITEM NUMBER: A-1 DATE: 10/24/23 Items #A-2 and #A-3 were removed from the Consent Calendar by a member of the public for separate discussion and vote. Council Member Bourbeau and Mayor Pro Tem Funk asked questions of and made comments regarding the costs associated with the revegetation contract awards. MOTION: By Council Member Bourbeau and seconded by Council Member Newsom to approve Consent Calendar Items #A-1, #A-4, #A-5, and #A-6. (#A-5: Contract No. 2023-033) (#A-6: Contract No. 2023-034) Motion passed 5:0 by a roll-call vote. 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] This item was pulled by a member of the public for separate discussion and vote. PUBLIC COMMENT: The following persons spoke on this item: Geoff Auslen Mayor Moreno closed the Public Comment period. MOTION: By Council Member Dariz and seconded by Council Member Bourbeau to adopt, on second reading, Ordinance No. 668 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. Motion passed 5:0 by a roll-call vote. 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: Page 7 of 50 ITEM NUMBER: A-1 DATE: 10/24/23 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] This item was pulled by a member of the public for separate discussion and vote. Mayor Moreno noted that due to a potential conflict of interest resulting from a client being an employee covered by the action on this item, she would need to recuse herself from voting on this item. Mayor Moreno then stepped down from the dais and left the room. PUBLIC COMMENT: The following persons spoke on this item: Geoff Auslen Mayor Pro Tem Funk closed the Public Comment period. MOTION: By Council Member Dariz and seconded by Council Member Bourbeau to: 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 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 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 8 of 50 ITEM NUMBER: A-1 DATE: 10/24/23 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. Motion passed 4:0 by a roll-call vote. Mayor Moreno recused. Mayor Moreno returned to the dais. UPDATES FROM THE CITY MANAGER: City Manager Lewis gave an update on projects and events within the City. COMMUNITY FORUM: The following persons spoke in-person by telephone or through the webinar: Gary Kirkland, Toni Locicero, Alejandra Prendergast, Geoff Auslen, and Carissa Saragosa 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 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] Ex Parte: Council Member Bourbeau reported visiting the site and speaking with Megan Kane and Kelly Wills. Mayor Pro Tem Funk reported visiting the site and speaking with Ted Lawton, residents of the development, and the Chair and Vice Chair of the Planning Commission. Council Member Newsom reported speaking to homeowners in the development and serving on the DRC when the project was going through entitlement. Mayor Moreno and Council Member Dariz reported receiving and reviewing the written public comments received by all Council Members ahead of the meeting. Page 9 of 50 ITEM NUMBER: A-1 DATE: 10/24/23 Senior Planner Gleason gave the report and answered questions from the Council. An updated site plan for the community building lot (Exhibit A), submitted by the applicant to Community Development staff prior to the meeting, was distributed to the City Council at the dais and made available in the public review binder. Mayor Moreno recessed the Meeting at 7:38 p.m. Mayor Moreno reconvened the Meeting with all present at 7:45 p.m. Ted Lawton, representing the applicant team, made a presentation and answered questions from the Council. PUBLIC COMMENT: The following persons spoke on this item: Cory Jones, Marco Caracas, Aaron & Leanne Alduenda, Kelly Wills, and Luke Wills Mayor Moreno closed the Public Comment period. MOTION: By Council Member Bourbeau and seconded by Council Member Newsom to adopt Resolution 2023-070, 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. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Bourbeau and seconded by Council Member Dariz to authorize the City Manager to release the certificates of occupancy for lots 17-20 in exchange for a security or bond for the improvements to the central common area. Motion passed Mr. Lawton, on behalf of the applicant team, acknowledged agreement with the motion and the posting of a surety for the improvements to the central common area within the next week. Motion passed 5:0 by a roll-call vote. Mayor Moreno recessed the Meeting at 8:59 p.m. Mayor Moreno reconvened the Meeting with all present at 9:11 p.m. 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. Page 10 of 50 ITEM NUMBER: A-1 DATE: 10/24/23 Ex Parte: Mayor Pro Tem Funk reported making a site visit and an additional site visit with the Beaver Brigade. Council Member Newsom reported making a site visit. Mayor Moreno reported speaking with John Neil, David Broadwater, the Beaver Brigade and making a site visit. Council Member Bourbeau reported speaking with John Neil, Kris Gustafson, the Beaver Brigade and David Broadwater as well as visiting the site. All Council Members reported receiving and reviewing the written public comments received for this item. Community Development Director Dunsmore gave the report and answered questions from the Council. Mayor Moreno recessed the Meeting at 10:35 p.m. Mayor Moreno reconvened the Meeting with all present at 10:41 p.m. As it was nearing 11:00 p.m., Mayor Moreno asked for a motion to extend the meeting past 11:00 p.m. MOTION: By Council Member Bourbeau and seconded by Council Member Dariz to extend the City Council Meeting past 11:00 p.m. Motion passed 5:0 by a roll-call vote. David Broadwater, appellant, made a presentation to the Council. Michael Jencks, for appellant BioDiversity First!, made a presentation to the Council. Amber Davis and Don McAdam, representing the applicant team, gave a presentation and answered questions from the Council. PUBLIC COMMENT: The following persons spoke on this item: Susan Harvey, Doug Chisholm, Alejandra Prendergast, Marty Brown, Laura Afana, Toni Locicero, Hazel Taub-Finlayson, Audrey Taub, Stacey Hunt, Ann Colby, Dolores Howard, Dorothy Jennings, Fred Frank (Exhibit B), Kate Montgomery, Carissa Saragosa, Tom Robinson, Barbara Rose, Devon Haggie, and Cindy Findley Mayor Moreno closed the Public Comment period. Mayor Moreno recessed the Meeting at 12:29 a.m. Mayor Moreno reconvened the Meeting with all present at 12:56 a.m. MOTION: By Council Member Bourbeau and seconded by Council Member Dariz to adopt Resolution 2023-071, 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 with the following amendments to the conditions of approval: 10. No cargo containers, inoperable vehicles, inoperable boats or inoperable RVs shall be stored on-site. Only currently registered, operable vehicles or RV’s may be stored on- site. All vehicles will be inspected upon initial storage to ensure vehicle is operable and all stored vehicles shall maintain insurance and provide copy of current insurance to City upon request. Page 11 of 50 ITEM NUMBER: A-1 DATE: 10/24/23 Motion passed 5:0 by a roll-call vote. C. MANAGEMENT REPORTS: None. D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: Given the late hour, Mayor Moreno asked Council Members to hold on announcements and reports to the next meeting. 13. No washing or servicing of vehicles, RV’s or Boats or other equipment may occur on- site. 20. The applicant shall submit a landscape and irrigation plan, completed by a qualified professional, with their construction documents. The landscape plan shall be consistent with what is shown inf Exhibit D with additional landscaping focused on the following areas: _Along the Anza Trail realignment to include landscaping that maintains safety and visibility _ In front of the existing construction yard, adjacent to Sycamore Road Landscaping and irrigation shall be installed prior to requesting a Planning Final Inspection. 22. Maximum height of new light poles shall not be taller than 16 feet for each light pole nor exceed the height of the levee to prevent light spillage into the riverbed. The lights shall be set to dim low level light until motion is detected and shall preclude activation by small animal movement. 24. The Use Permit shall be subject to additional review upon receipt of operational complaints including a high number of police calls. Additional mitigation may be warranted upon verification of recurring noise or operational disturbances that impact residential properties. Community Development Department review for compliance with all conditions within 12 months of commencement of business operation. 26. The applicant shall hire a qualified biologist to provide a nesting bird survey and survey for special status species within 3 months prior to construction commencement. This survey shall include a survey for eagle nests within 1 mile of the project site. The applicant shall follow all recommendations of the qualified biologist and shall obtain all permits from the Department of Fish and Wildlife. 27. Trash receptacles shall be provided at or near the access gate, adequately screened as determined by the Community Development Department, and of sufficient size to serve the facility. 28. Overnight occupancy shall be strictly prohibited on site. 29. Private Security shall maintain security at site and shall be the first point of contact for response to any security related issues. 31. Parking spaces are noted to be native material and are susceptible to pollutant discharge from vehicles. At time of building permit submittal, on the plans and with supplemental documents, provide drip pans and spill kits for leaks or other spills under all vehicles at all times, similar to what would be found in a municipal yard. (Reference industrial or municipal stormwater requirements for construction or corporation yard spill prevention.) A disposal station with spill kit supplies and covered cans for soiled materials shall be located on the site for individuals using the facility and maintained by the company who leases the land and runs the business. A contact phone number shall be made available to call if a facility user/customer has a spill. 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 information for those who would be responsible parties. Any spills shall be reported to Atascadero Mutual Water Company and the City of Atascadero immediately. The site shall be inspected a minimum of twice weekly to ensure compliance. Page 12 of 50 ITEM NUMBER: A-1 DATE: 10/24/23 E. INDIVIDUAL DETERMINATION AND / OR ACTION: None Mayor Moreno adjourned the meeting at 1:05 a.m. MINUTES PREPARED BY: __________________________ Lara K. Christensen Deputy City Manager / City Clerk The following exhibits are available for review in the City Clerk’s Office: • Exhibit A – New Site Plan • Exhibit B – Written comment from Fred Frank APPROVED: Page 13 of 50 ITEM NUMBER: A-1 DATE: 10/24/23ATTACHMENT: 1A Page 14 of 50 ITEM NUMBER: A-1 DATE: 10/24/23ATTACHMENT: 1A Page 15 of 50 ITEM NUMBER: A-1 DATE: 10/24/23ATTACHMENT: 1B Page 16 of 50 ITEM NUMBER: A-2 DATE: 10/24/23 Page 17 of 50 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2023 4878 09/01/2023 STATE DISBURSEMENT UNIT 106.39Payroll Vendor Payment 4879 09/01/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,814.61Payroll Vendor Payment 4880 09/01/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 37,697.75Accounts Payable Check 4881 09/01/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,781.22Accounts Payable Check 4882 09/01/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,732.56Accounts Payable Check 4883 09/01/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,866.70Accounts Payable Check 4884 09/01/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 11,668.48Accounts Payable Check 4885 09/01/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 16,939.41Accounts Payable Check 4886 09/01/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,202.97Accounts Payable Check 4887 09/01/2023 SEIU LOCAL 620 844.18Payroll Vendor Payment 175688 09/01/2023 WEX BANK - 76 UNIVERSAL 15,282.09Accounts Payable Check 175689 09/01/2023 WEX BANK - WEX FLEET UNIVERSAL 11,312.84Accounts Payable Check 175690 09/01/2023 ANTHEM BLUE CROSS HEALTH 207,898.84Payroll Vendor Payment 175691 09/01/2023 BENEFIT COORDINATORS CORP 9,075.60Payroll Vendor Payment 175692 09/01/2023 FIDELITY SECURITY LIFE INS CO 1,783.49Payroll Vendor Payment 175693 09/01/2023 LINCOLN NATIONAL LIFE INS CO 1,970.55Payroll Vendor Payment 4888 09/05/2023 RABOBANK, N.A.84,826.64Payroll Vendor Payment 4889 09/05/2023 EMPLOYMENT DEV DEPARTMENT 26,600.81Payroll Vendor Payment 4890 09/05/2023 EMPLOYMENT DEV. DEPARTMENT 2,643.81Payroll Vendor Payment 175694 09/08/2023 AGP VIDEO, INC.4,960.00Accounts Payable Check 175695 09/08/2023 ALLTECH SERVICES, INC.1,372.67Accounts Payable Check 175696 09/08/2023 TERRIE BANISH 262.00Accounts Payable Check 175697 09/08/2023 BATTERY SYSTEMS, INC.83.62Accounts Payable Check 175698 09/08/2023 DEEP BLUE INTEGRATION, INC.4,805.00Accounts Payable Check 175699 09/08/2023 EL CAMINO VETERINARY HOSP 15.00Accounts Payable Check 175700 09/08/2023 ENGEL AND GRAY, INC.26,127.07Accounts Payable Check 175701 09/08/2023 FERRELL'S AUTO REPAIR 189.10Accounts Payable Check 175702 09/08/2023 FORNIDA LLC 2,300.00Accounts Payable Check 175703 09/08/2023 GHS PARTS, INC.291.12Accounts Payable Check 175704 09/08/2023 DILLON DEAN JAMES 228.39Accounts Payable Check 175705 09/08/2023 JEFF & TONY'S DSD, LLC 1,939.00Accounts Payable Check 175706 09/08/2023 JK'S UNLIMITED, INC.1,014.02Accounts Payable Check 175707 09/08/2023 MAILSTREAM, INC.412.41Accounts Payable Check 175708 09/08/2023 MWI ANIMAL HEALTH 73.63Accounts Payable Check 175709 09/08/2023 MXR IMAGING, INC.280.00Accounts Payable Check 175710 09/08/2023 OMAHA'S HENRY DOORLY ZOO & AQ 157.06Accounts Payable Check 175711 09/08/2023 MANNY PALACIOS 81.45Accounts Payable Check 175712 09/08/2023 WARREN PITTENGER 550.00Accounts Payable Check 175713 09/08/2023 SLO COUNTY HEALTH AGENCY 45,300.00Accounts Payable Check 175714 09/08/2023 SMART AND FINAL 46.61Accounts Payable Check 175715 09/08/2023 SOUZA CONSTRUCTION, INC.110,338.37Accounts Payable Check 175716 09/08/2023 SUPERION, LLC 54,302.00Accounts Payable Check 175717 09/08/2023 UNITED RENTALS (NORTH AM), INC 1,443.29Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/24/23 ATTACHMENT: 1 Page 18 of 50 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2023 175718 09/08/2023 VISIT SLO CAL 87,921.15Accounts Payable Check 175719 09/08/2023 13 STARS MEDIA 199.20Accounts Payable Check 175720 09/08/2023 2 MEXICANS, LLC 2,223.50Accounts Payable Check 175721 09/08/2023 ALPHA ELECTRIC SERVICE 905.34Accounts Payable Check 175722 09/08/2023 AMERIGAS 155.25Accounts Payable Check 175723 09/08/2023 AT&T 805.11Accounts Payable Check 175724 09/08/2023 AT&T 403.05Accounts Payable Check 175725 09/08/2023 AT&T 31.65Accounts Payable Check 175726 09/08/2023 ATASCADERO HAY & FEED 763.84Accounts Payable Check 175728 09/08/2023 ATASCADERO MUTUAL WATER CO.40,219.90Accounts Payable Check 175729 09/08/2023 AVILA TRAFFIC SAFETY 26.92Accounts Payable Check 175730 09/08/2023 TERRIE BANISH 110.34Accounts Payable Check 175731 09/08/2023 BASSETT'S CRICKET RANCH,INC.427.42Accounts Payable Check 175732 09/08/2023 BELL'S PLUMBING REPAIR, INC.951.00Accounts Payable Check 175733 09/08/2023 BERRY MAN, INC.725.70Accounts Payable Check 175734 09/08/2023 BLUEPRINTER 15.23Accounts Payable Check 175735 09/08/2023 CARBON HEALTH MED GROUP OF CA 70.00Accounts Payable Check 175736 09/08/2023 CASEY PRINTING, INC.6,771.86Accounts Payable Check 175737 09/08/2023 DAVID S. CHOCK 100.00Accounts Payable Check 175738 09/08/2023 CINTAS 4,335.21Accounts Payable Check 175739 09/08/2023 CORELOGIC SOLUTIONS, LLC.1,500.00Accounts Payable Check 175740 09/08/2023 CSG CONSULTANTS, INC.1,068.75Accounts Payable Check 175741 09/08/2023 CUESTA POLYGRAPH & INVEST. LLC 3,494.45Accounts Payable Check 175742 09/08/2023 CULLIGAN SANTA MARIA 333.44Accounts Payable Check 175743 09/08/2023 GREG C. CUNNINGHAM 224.00Accounts Payable Check 175744 09/08/2023 NICHOLAS DEBAR 300.00Accounts Payable Check 175745 09/08/2023 DOOMSDAY SKATE, LLC 402.00Accounts Payable Check 175746 09/08/2023 PHILIP DUNSMORE 300.00Accounts Payable Check 175747 09/08/2023 EXECUTIVE JANITORIAL 1,030.00Accounts Payable Check 175748 09/08/2023 FERRELL'S AUTO REPAIR 1,497.61Accounts Payable Check 175749 09/08/2023 FIESTA MAHAR MANUFACTURNG CORP 326.08Accounts Payable Check 175750 09/08/2023 FORNIDA LLC 8,090.00Accounts Payable Check 175751 09/08/2023 GAS COMPANY 14.30Accounts Payable Check 175752 09/08/2023 GHS PARTS, INC.227.92Accounts Payable Check 175753 09/08/2023 KELLY GLEASON 128.59Accounts Payable Check 175754 09/08/2023 TRISTAN M. GUILLORY 84.00Accounts Payable Check 175755 09/08/2023 HANSEN BRO'S CUSTOM FARMING 10,416.41Accounts Payable Check 175756 09/08/2023 KELLIE K. HART 485.10Accounts Payable Check 175757 09/08/2023 REBECCA HEREDIA 173.99Accounts Payable Check 175758 09/08/2023 HIGH COUNTRY OUTDOOR, INC.450.00Accounts Payable Check 175759 09/08/2023 RACHEL HUNTER 103.08Accounts Payable Check 175760 09/08/2023 JEFF & TONY'S DSD, LLC 1,696.56Accounts Payable Check 175761 09/08/2023 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/24/23 ATTACHMENT: 1 Page 19 of 50 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2023 175762 09/08/2023 JOEBELLA COFFEE ROASTERS 87.50Accounts Payable Check 175763 09/08/2023 COLETTE LAYTON 241.50Accounts Payable Check 175764 09/08/2023 JAMES R. LEWIS 1,437.80Accounts Payable Check 175765 09/08/2023 LIFE ASSIST, INC.3,926.33Accounts Payable Check 175766 09/08/2023 MADRONE LANDSCAPES, INC.474.38Accounts Payable Check 175767 09/08/2023 MCCLATCHY SHARED SERVICES, LLC 549.54Accounts Payable Check 175768 09/08/2023 MID-COAST MOWER & SAW, INC.792.46Accounts Payable Check 175769 09/08/2023 MIG 97,815.92Accounts Payable Check 175770 09/08/2023 MINER'S ACE HARDWARE 452.51Accounts Payable Check 175771 09/08/2023 MISSION UNIFORM SERVICE 230.11Accounts Payable Check 175772 09/08/2023 MV TRANSPORTATION, INC.7,777.88Accounts Payable Check 175773 09/08/2023 KELLYE R. NETZ 149.00Accounts Payable Check 175774 09/08/2023 NORTH CO SEPTIC SERVICE, INC.4,760.00Accounts Payable Check 175775 09/08/2023 NORTH COAST ENGINEERING INC.1,640.00Accounts Payable Check 175776 09/08/2023 ODP BUSINESS SOLUTIONS, LLC 95.55Accounts Payable Check 175777 09/08/2023 KENNETH OVIEDO 90.87Accounts Payable Check 175780 09/08/2023 PACIFIC GAS AND ELECTRIC 86,894.08Accounts Payable Check 175781 09/08/2023 PLAYING WITH PLAYS, LLC 1,671.60Accounts Payable Check 175782 09/08/2023 PROCARE JANITORIAL SUPPLY,INC.835.15Accounts Payable Check 175783 09/08/2023 RAINSCAPE, A LANDSCAPE SVC CO.7,242.00Accounts Payable Check 175784 09/08/2023 JERI RANGEL 300.00Accounts Payable Check 175785 09/08/2023 RESCUE SOURCE & RESCUE 3 INTL 8,874.53Accounts Payable Check 175786 09/08/2023 BRIAN S. RICKS 112.00Accounts Payable Check 175787 09/08/2023 CORBIN J. ROSSI 252.00Accounts Payable Check 175788 09/08/2023 SCHINDLER ELEVATOR CORP 982.00Accounts Payable Check 175789 09/08/2023 SECURITAS TECHNOLOGY CORPORATN 304.71Accounts Payable Check 175790 09/08/2023 SERVICE SYSTEMS ASSC, INC.2,500.00Accounts Payable Check 175791 09/08/2023 THE SHERWIN-WILLIAMS COMPANY 170.32Accounts Payable Check 175792 09/08/2023 SITEONE LANDSCAPE SUPPLY, LLC 629.12Accounts Payable Check 175793 09/08/2023 SLO COUNTY HEALTH AGENCY 101,742.84Accounts Payable Check 175794 09/08/2023 SOUTH COAST EMERGENCY VEH SVC 193.76Accounts Payable Check 175795 09/08/2023 SOUZA CONSTRUCTION, INC.77,675.57Accounts Payable Check 175796 09/08/2023 SUNBELT RENTALS, INC.889.53Accounts Payable Check 175797 09/08/2023 SUNLIGHT JANITORIAL, INC.1,650.00Accounts Payable Check 175798 09/08/2023 SUPERION, LLC 360.00Accounts Payable Check 175799 09/08/2023 MADELINE M. TAYLOR 216.00Accounts Payable Check 175800 09/08/2023 WILLIAM L. TEDONE 84.00Accounts Payable Check 175801 09/08/2023 CHRISTOPHER DANIEL THOMAS 196.00Accounts Payable Check 175802 09/08/2023 THOMSON ELECTRIC COMPANY 204.25Accounts Payable Check 175803 09/08/2023 TIGER LEGAL AND CONSULTING 29.00Accounts Payable Check 175804 09/08/2023 TOWN SQUARE PUBLICATIONS LLC 1,190.00Accounts Payable Check 175805 09/08/2023 UNITED RENTALS (NORTH AM), INC 474.30Accounts Payable Check 175806 09/08/2023 UNIVAR SOLUTIONS USA, INC.5,848.80Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/24/23 ATTACHMENT: 1 Page 20 of 50 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2023 175807 09/08/2023 USA BLUE BOOK 328.93Accounts Payable Check 175808 09/08/2023 VERIZON WIRELESS 3,199.15Accounts Payable Check 175809 09/08/2023 VINO VICE, INC.258.00Accounts Payable Check 175810 09/08/2023 VITAL RECORDS CONTROL 184.09Accounts Payable Check 175811 09/08/2023 WALLACE GROUP 26,579.00Accounts Payable Check 175812 09/08/2023 KAREN B. WYKE 819.60Accounts Payable Check 175813 09/08/2023 ZOO MED LABORATORIES, INC.575.41Accounts Payable Check 4892 09/13/2023 ANTHEM BLUE CROSS HSA 9,037.43Payroll Vendor Payment 4891 09/14/2023 BANK OF NEW YORK MELLON 579,484.58Accounts Payable Check 4893 09/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,731.49Payroll Vendor Payment 4894 09/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 38,156.10Payroll Vendor Payment 4895 09/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,756.82Payroll Vendor Payment 4896 09/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,726.10Payroll Vendor Payment 4897 09/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,866.70Payroll Vendor Payment 4898 09/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 11,360.45Payroll Vendor Payment 4899 09/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 16,883.55Payroll Vendor Payment 4900 09/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,889.29Payroll Vendor Payment 175814 09/14/2023 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment 175815 09/14/2023 ATASCADERO POLICE OFFICERS 2,249.75Payroll Vendor Payment 175816 09/14/2023 ATASCADERO PROF. FIREFIGHTERS 1,151.80Payroll Vendor Payment 175817 09/14/2023 EMPOWER ANNUITY INS CO 8,164.15Payroll Vendor Payment 175818 09/14/2023 IAFF MERP 1,800.00Payroll Vendor Payment 175819 09/14/2023 MISSIONSQUARE 9,163.51Payroll Vendor Payment 175820 09/14/2023 NATIONWIDE RETIREMENT SOLUTION 2,283.24Payroll Vendor Payment 175821 09/14/2023 NAVIA BENEFIT SOLUTIONS 1,338.86Payroll Vendor Payment 4901 09/18/2023 SEIU LOCAL 620 844.18Payroll Vendor Payment 4902 09/19/2023 RABOBANK, N.A.89,570.53Payroll Vendor Payment 4903 09/19/2023 EMPLOYMENT DEV DEPARTMENT 29,715.96Payroll Vendor Payment 4904 09/19/2023 EMPLOYMENT DEV. DEPARTMENT 2,593.22Payroll Vendor Payment 175822 09/22/2023 ALLAN HANCOCK COLLEGE 31.50Accounts Payable Check 175823 09/22/2023 DIMES MEDIA CORPORATION 755.00Accounts Payable Check 175824 09/22/2023 FENCE FACTORY ATASCADERO 2,738.00Accounts Payable Check 175825 09/22/2023 W.A. DAVIDSON OF JAX, INC.2,065.00Accounts Payable Check 175826 09/22/2023 13 STARS MEDIA 1,599.00Accounts Payable Check 175827 09/22/2023 2 MEXICANS, LLC 466.00Accounts Payable Check 175828 09/22/2023 A & F SOUVENIR 1,887.49Accounts Payable Check 175829 09/22/2023 AGM CALIFORNIA, INC.3,086.00Accounts Payable Check 175830 09/22/2023 AIRGAS USA, LLC 250.78Accounts Payable Check 175831 09/22/2023 ALLIANT INSURANCE SERVICES INC 185.00Accounts Payable Check 175832 09/22/2023 ALTHOUSE & MEADE, INC.1,039.41Accounts Payable Check 175833 09/22/2023 AMERICAN WEST TIRE & AUTO INC 4,085.72Accounts Payable Check 175834 09/22/2023 ANCIENT PEAKS WINERY 644.79Accounts Payable Check 175835 09/22/2023 KELLY AREBALO 196.04Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/24/23 ATTACHMENT: 1 Page 21 of 50 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2023 175837 09/22/2023 AT&T 1,670.19Accounts Payable Check 175838 09/22/2023 AT&T 126.68Accounts Payable Check 175839 09/22/2023 ATASCADERO HAY & FEED 1,459.77Accounts Payable Check 175840 09/22/2023 AURORA WORLD, INC.1,247.00Accounts Payable Check 175841 09/22/2023 AVILA TRAFFIC SAFETY 6,716.52Accounts Payable Check 175842 09/22/2023 BASSETT'S CRICKET RANCH,INC.209.21Accounts Payable Check 175843 09/22/2023 CHRIS BELAND 300.00Accounts Payable Check 175844 09/22/2023 KEITH R. BERGHER 472.50Accounts Payable Check 175845 09/22/2023 BERRY MAN, INC.974.15Accounts Payable Check 175846 09/22/2023 BOUND TREE MEDICAL, LLC 405.36Accounts Payable Check 175847 09/22/2023 BRENDLER JANITORIAL SERVICE 770.00Accounts Payable Check 175848 09/22/2023 BURT INDUSTRIAL SUPPLY 44.97Accounts Payable Check 175849 09/22/2023 CAL-COAST MACHINERY, INC 202.52Accounts Payable Check 175850 09/22/2023 CAL-COAST REFRIGERATION, INC 592.33Accounts Payable Check 175851 09/22/2023 CANNON 30,194.25Accounts Payable Check 175852 09/22/2023 CG VISUAL SOLUTIONS CORP.917.16Accounts Payable Check 175853 09/22/2023 CHARTER COMMUNICATIONS 2,616.01Accounts Payable Check 175854 09/22/2023 CITY CLERKS ASSC OF CALIF 250.00Accounts Payable Check 175855 09/22/2023 CLEATH-HARRIS GEOLOGISTS, INC.4,410.00Accounts Payable Check 175856 09/22/2023 CLEVER CONCEPTS, INC.189.95Accounts Payable Check 175857 09/22/2023 CO OF SAN LUIS OBISPO SART PRG 2,620.00Accounts Payable Check 175858 09/22/2023 COASTAL COPY, INC.497.90Accounts Payable Check 175859 09/22/2023 COLE FARMS, INC.192.00Accounts Payable Check 175860 09/22/2023 COLOR CRAFT PRINTING 648.37Accounts Payable Check 175861 09/22/2023 CONSOR NORTH AMERICA, INC.24,706.08Accounts Payable Check 175862 09/22/2023 CRYSTAL SPRINGS WATER 20.00Accounts Payable Check 175863 09/22/2023 CUESTA POLYGRAPH & INVEST. LLC 2,050.00Accounts Payable Check 175864 09/22/2023 CULLIGAN SANTA MARIA 114.64Accounts Payable Check 175865 09/22/2023 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check 175866 09/22/2023 GREG C. CUNNINGHAM 168.00Accounts Payable Check 175867 09/22/2023 CHRISTOPHER DEATON 195.74Accounts Payable Check 175868 09/22/2023 DEPARTMENT OF JUSTICE 272.00Accounts Payable Check 175869 09/22/2023 DRIVE CUSTOMS 5,037.90Accounts Payable Check 175870 09/22/2023 EARTH SYSTEMS PACIFIC 46,750.00Accounts Payable Check 175871 09/22/2023 EN FUEGO EVENTS 20,000.00Accounts Payable Check 175872 09/22/2023 ESCRIBE SOFTWARE LTD 18,875.00Accounts Payable Check 175873 09/22/2023 EXECUTIVE JANITORIAL 750.00Accounts Payable Check 175874 09/22/2023 FENCE FACTORY ATASCADERO 2,142.10Accounts Payable Check 175875 09/22/2023 FIESTA MAHAR MANUFACTURNG CORP 752.21Accounts Payable Check 175876 09/22/2023 FORNIDA LLC 27,205.09Accounts Payable Check 175877 09/22/2023 FOSTER & FOSTER, INC.1,950.00Accounts Payable Check 175878 09/22/2023 FRAME PERFECT MEDIA 1,350.00Accounts Payable Check 175879 09/22/2023 GAS COMPANY 340.28Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/24/23 ATTACHMENT: 1 Page 22 of 50 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2023 175880 09/22/2023 GHS PARTS, INC.288.97Accounts Payable Check 175881 09/22/2023 TRISTAN M. GUILLORY 112.00Accounts Payable Check 175882 09/22/2023 HANSEN BRO'S CUSTOM FARMING 7,181.65Accounts Payable Check 175883 09/22/2023 HARRIS STAGE LINES, LLC 900.00Accounts Payable Check 175884 09/22/2023 BRETT HILDEBRAND 99.00Accounts Payable Check 175886 09/22/2023 HOME DEPOT CREDIT SERVICES 2,251.48Accounts Payable Check 175887 09/22/2023 IMAGE TREND, INC.12,058.90Accounts Payable Check 175888 09/22/2023 ZACHARIAH JACKSON 880.00Accounts Payable Check 175889 09/22/2023 JEFF & TONY'S DSD, LLC 505.56Accounts Payable Check 175890 09/22/2023 JK'S UNLIMITED, INC.959.10Accounts Payable Check 175891 09/22/2023 KEY TERMITE & PEST CONTROL,INC 305.00Accounts Payable Check 175892 09/22/2023 KNECHT'S PLUMBING & HEATING 5,119.94Accounts Payable Check 175893 09/22/2023 KPRL 1230 AM 920.00Accounts Payable Check 175894 09/22/2023 LAYNE LABORATORIES, INC.2,843.81Accounts Payable Check 175895 09/22/2023 LEE WILSON ELECTRIC CO. INC 2,118.00Accounts Payable Check 175896 09/22/2023 LIFE ASSIST, INC.1,307.27Accounts Payable Check 175897 09/22/2023 LINDE GAS & EQUIPMENT INC.67.20Accounts Payable Check 175898 09/22/2023 LUCAS LIND-WHITE 22.85Accounts Payable Check 175899 09/22/2023 MARGARITA ADVENTURES, LLC 140.00Accounts Payable Check 175900 09/22/2023 MEDINA LIGHT SHOW DESIGNS 520.00Accounts Payable Check 175901 09/22/2023 MICHAEL K. NUNLEY & ASSC, INC.7,639.27Accounts Payable Check 175902 09/22/2023 MID-COAST MOWER & SAW, INC.644.32Accounts Payable Check 175903 09/22/2023 MIG 84,394.20Accounts Payable Check 175904 09/22/2023 MILLER EVENT MANAGEMENT, INC.1,740.00Accounts Payable Check 175905 09/22/2023 MINER'S ACE HARDWARE 278.12Accounts Payable Check 175906 09/22/2023 MATTHEW J. MIRANDA 135.00Accounts Payable Check 175907 09/22/2023 MISSION UNIFORM SERVICE 144.46Accounts Payable Check 175908 09/22/2023 MOBILE SMALL ENGINE REPAIR 400.00Accounts Payable Check 175909 09/22/2023 KATIE MULDER 162.24Accounts Payable Check 175910 09/22/2023 PAUL NETZ 96.00Accounts Payable Check 175911 09/22/2023 NEW TIMES 2,074.00Accounts Payable Check 175912 09/22/2023 NEXUS ENERGY SYSTEMS 163.69Accounts Payable Check 175913 09/22/2023 NORTH CO SEPTIC SERVICE, INC.2,380.00Accounts Payable Check 175914 09/22/2023 NORTH COAST ENGINEERING INC.1,567.50Accounts Payable Check 175915 09/22/2023 PASO ROBLES SAFE & LOCK, INC.1,208.63Accounts Payable Check 175916 09/22/2023 PEAKWIFI, LLC 650.00Accounts Payable Check 175917 09/22/2023 PENGUIN RANDOM HOUSE, LLC 299.41Accounts Payable Check 175918 09/22/2023 PERRY'S PARCEL & GIFT 50.00Accounts Payable Check 175919 09/22/2023 PLANETERIA MEDIA, LLC 5,850.00Accounts Payable Check 175920 09/22/2023 PORTER CONSTRUCTION, INC.32,120.00Accounts Payable Check 175921 09/22/2023 PROCARE JANITORIAL SUPPLY,INC.955.99Accounts Payable Check 175922 09/22/2023 PRP COMPANIES 766.85Accounts Payable Check 175923 09/22/2023 BRIAN S. RICKS 84.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 10/24/23 ATTACHMENT: 1 Page 23 of 50 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2023 175924 09/22/2023 ROLSON MUSIC & SOUND 600.00Accounts Payable Check 175925 09/22/2023 CORBIN J. ROSSI 308.00Accounts Payable Check 175926 09/22/2023 SAFARI LTD.369.18Accounts Payable Check 175927 09/22/2023 SCOTT O'BRIEN FIRE & SAFETY CO 359.86Accounts Payable Check 175928 09/22/2023 SECURITAS TECHNOLOGY CORPORATN 396.38Accounts Payable Check 175929 09/22/2023 THE SHERWIN-WILLIAMS COMPANY 28.00Accounts Payable Check 175930 09/22/2023 SHI INTERNATIONAL CORP.3,069.87Accounts Payable Check 175931 09/22/2023 SOPHIE SIMMONS 43.07Accounts Payable Check 175932 09/22/2023 SLO COUNTY HEALTH AGENCY 93,685.00Accounts Payable Check 175933 09/22/2023 SOUTH COAST EMERGENCY VEH SVC 2,184.54Accounts Payable Check 175934 09/22/2023 SOUZA CONSTRUCTION, INC.374,120.80Accounts Payable Check 175935 09/22/2023 SPEAKWRITE, LLC.389.57Accounts Payable Check 175936 09/22/2023 JEREMY A. SPEARS 3,466.60Accounts Payable Check 175937 09/22/2023 SPECIALIZED EQUIPMENT REPAIR 2,832.80Accounts Payable Check 175938 09/22/2023 SUNBELT RENTALS, INC.1,404.93Accounts Payable Check 175939 09/22/2023 TARANTULA HILL BREWING CO. LLC 402.00Accounts Payable Check 175940 09/22/2023 CHRISTOPHER DANIEL THOMAS 112.00Accounts Payable Check 175941 09/22/2023 THOMSON REUTERS - WEST 201.99Accounts Payable Check 175942 09/22/2023 TIN CITY CIDER, LLC 90.00Accounts Payable Check 175948 09/22/2023 U.S. BANK 40,997.21Accounts Payable Check 175949 09/22/2023 ULTREX BUSINESS PRODUCTS 58.03Accounts Payable Check 175950 09/22/2023 UNDERGROUND SERVICE ALERT OF 4,079.00Accounts Payable Check 175951 09/22/2023 UNITED RENTALS (NORTH AM), INC 863.48Accounts Payable Check 175952 09/22/2023 VERDIN 9,484.11Accounts Payable Check 175953 09/22/2023 VERITONE, INC.3,400.00Accounts Payable Check 175954 09/22/2023 VINO VICE, INC.430.00Accounts Payable Check 175955 09/22/2023 WILD FIELDS BREWHOUSE, LLC 284.00Accounts Payable Check 175956 09/22/2023 WORKBENCH 4,375.00Accounts Payable Check 175957 09/22/2023 YEH AND ASSOCIATES, INC.6,537.50Accounts Payable Check 175958 09/22/2023 ZOLL MEDICAL CORPORATION 69,113.24Accounts Payable Check 175959 09/22/2023 ZOOM IMAGING SOLUTIONS, INC.986.91Accounts Payable Check 4906 09/28/2023 STATE DISBURSEMENT UNIT 283.84Payroll Vendor Payment 4907 09/28/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,155.21Payroll Vendor Payment 4908 09/28/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 37,853.52Payroll Vendor Payment 4909 09/28/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,951.98Payroll Vendor Payment 4910 09/28/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,726.10Payroll Vendor Payment 4911 09/28/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,866.70Payroll Vendor Payment 4912 09/28/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 12,305.96Payroll Vendor Payment 4913 09/28/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 16,772.96Payroll Vendor Payment 4914 09/28/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,114.81Payroll Vendor Payment 175960 09/28/2023 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment 175961 09/28/2023 ATASCADERO POLICE OFFICERS 2,249.75Payroll Vendor Payment 175962 09/28/2023 ATASCADERO PROF. FIREFIGHTERS 1,151.80Payroll Vendor Payment ITEM NUMBER: A-2 DATE: 10/24/23 ATTACHMENT: 1 Page 24 of 50 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of September 2023 175963 09/28/2023 EMPOWER ANNUITY INS CO 44,749.59Payroll Vendor Payment 175964 09/28/2023 IAFF MERP 1,900.00Payroll Vendor Payment 175965 09/28/2023 MISSIONSQUARE 40,467.66Payroll Vendor Payment 175966 09/28/2023 NATIONWIDE RETIREMENT SOLUTION 1,280.24Payroll Vendor Payment 175967 09/28/2023 NAVIA BENEFIT SOLUTIONS 1,338.86Payroll Vendor Payment $ 3,496,715.57 ITEM NUMBER: A-2 DATE: 10/24/23 ATTACHMENT: 1 Page 25 of 50 ITEM NUMBER: A-3 DATE: 10/24/23 Atascadero City Council Staff Report – Public Works Department 2023 & 2024 Measure F-14 Pavement Rehabilitation Projects RECOMMENDATIONS: Council: 1. Award a professional services agreement with Rick Engineering Company for $385,780 to provide design engineering and prepare bidding documents for the 2024 Measure F-14 Pavement Rehabilitation Project (Project. No. C2023R01). 2. Adopt Draft Resolution approving a Change Order to the 2023 Measure F-14 Pavement Rehabilitation Project with Souza Construction to include pavement rehabilitation construction for Via Avenue (from Traffic Way to Ensenada Avenue/Via Avenue Bridge) and Ensenada Avenue (from Via Avenue Bridge to Capistrano Avenue). 3. Authorize the Administrative Services Director to reallocate $150,000 in fiscal year 2023-2024 Sales Tax Measure F-14 Funds from the 2024 Measure F-14 Pavement Rehabilitation Project to the 2023 Measure F-14 Pavement Rehabilitation Project for road work on Via Avenue and Ensenada Avenue. 4. Take such additional, related, action that may be desirable. [Public Works] DISCUSSION: Background: Sales Tax Measure F-14 was approved by voters in November 2014 to fund the repair, maintenance, and rehabilitation of City-maintained local roadways with a one-half cent sales tax over twelve years. A list of projects to be funded with Measure F-14 revenue is developed for the Five-Year Capital Improvement Plan (CIP) with each two-year budget cycle by employing the Critical Point Management technique with the City’s Pavement Management Program. The below list of roadway segments was selected by this process and included with the 2024 Measure F-14 Pavement Rehabilitation Project (2024 F-14 Project). A project map is also attached for reference. The list includes both urban and rural roadways in two general locations. The first set is more urban (curb and gutter, sidewalk, higher density, etc.) and located off El Camino Real between San Diego Way and Santa Rosa Road. Most of these roads are relatively short in length and any adjacent pedestrian curb ramps will most likely need to be brought into compliance with current Americans with Disabilities Act (ADA) requirements if substantial pavement repairs are completed. The second set of roads in the list is more rural and located on the central west side. There will also be challenges Page 26 of 50 ITEM NUMBER: A-3 DATE: 10/24/23 with these roads, especially with Bella Vista Road, which is a narrow, hilly, and a longer dead-end street. Road Segments in 2024 Measure F-14 Pavement Rehabilitation Project Road Segment From To Length (ft) Area (sf) 2019 PCI Ash St Catalpa St El Camino Real 447 13,410 22 Bella Vista Rd San Marcos Rd End 3,080 61,600 16 Birch St Catalpa St End 266 7,980 28 Carmelita Ave San Andres Ave Curbaril Ave 2,550 53,550 38 Catalpa St North End San Rafael Ct 1,225 36,750 27 Cuesta Ct San Rafael Rd End 720 23,760 31 Ensenada Ave* Via Ave Capistrano Ave 540 11,340 33 Flores Rd Santa Lucia Rd Los Gatos Rd 1,102 20,040 20 Hermosa Ave Navarette Ave San Clemente Ave 1,010 19,190 29 La Lomas Ave Principal Ave El Bordo Ave 1,480 32,560 30 Maple St Catalpa St El Camino Real 447 13,410 26 Monita Rd San Gabriel Rd Sierra Vista Rd 1,019 29,551 42 Montecito Ave East Front St El Camino Real 510 13,260 41 Montecito Ave El Camino Real Las Lomas Ave 355 9,230 38 Pinewood Ct Catalpa St End 244 7,320 22 San Diego Way El Camino Real Us 101 NB Ramp 1,268 35,504 42 San Gabriel Rd East Front St El Camino Real 615 15,375 31 San Rafael Ct West End El Camino Real 650 21,450 49 Sierra Vista Rd San Marcos Rd Monita Rd 1,510 49,830 45 Willow Ct West End El Camino Real 150 4,950 20 Via Ave* Traffic Way Ensenada Ave 590 24,190 45 Total 19,780 504,250 3.75 miles *Ensenada Avenue and Via Avenue were originally part of the 2023 F-14 Project but were postponed due to Via Avenue Bridge Construction and reprogrammed with the 2024 F-14 Project. Earth Systems Pacific (ESP) was hired by the City to perform pavement deflection testing, coring, rehabilitation recommendations, and prepare a summary report for the 2024 F-14 Project. Various options for roadway rehabilitation were included in the ESP report based upon an assessment of the existing roadway condition and structural sufficiency. Several roadway segments have failed conditions and are structurally insufficient and require full reconstruction. For roadways determined to be structurally sufficient, selection of treatment type is based upon existing pavement conditions, subgrade soils, and traffic loading. This information was compiled in a final report by ESP and will be used during the design phase to determine final pavement treatments. Via Avenue (Traffic Way to Ensenada Ave.) and Ensenada Avenue (Via Ave. to Capistrano Ave.) were originally included with the 2023 Measure F-14 Pavement Rehabilitation Project (2023 F-14 Project) and bookmark both sides of the Via Avenue Bridge. These two roadway segments were officially moved to the 2024 F-14 Project list as part of the fiscal year 2023-2025 budget process to avoid conflict with the construction of the Via Avenue Bridge Replacement Project, which includes significant approach work and realignment. Page 27 of 50 ITEM NUMBER: A-3 DATE: 10/24/23 Analysis: A Request for Proposals (RFP) was issued for the design phase of the 2024 F-14 Project in September 2023 with a work scope that includes topographic surveying, survey monument research, pavement engineering analysis, preparation of construction plans, specifications, cost estimates (PS&E), and providing engineering assistance during the bid process. Two proposals were received from Rick Engineering Company (Rick) and Diversified Project Services International (DPSI), both with local offices in San Luis Obispo. Rick and DPSI are both qualified consultants with experience on similar projects. A technical selection committee independently reviewed and scored each proposal, considering experience with similar projects, responsiveness to City needs, experience of key personnel, and other factors. Both proposals demonstrated the ability to complete the work, but Rick Engineering provided the best overall proposal for this project. Rick has a successful track record with the City, including completing design work for roughly half of the previous F-14 projects. A detailed fee estimate worksheet was submitted with Rick’s proposal, and staff believes Rick’s fee is reasonable considering the extensive topographic surveying and intersection design that is needed. If awarded, Rick’s compensation will be based upon actual labor hours worked plus reimbursable expenses and subconsultant fees. Design work is anticipated to take approximately six months to complete. Staff anticipates a public bid around May 2024 with construction occurring in the June through November 2024 timeframe. Consideration to Move Via Ave. and Ensenada Ave. from 2024 to 2023 F-14 Project: Staff is asking Council to consider moving the Via Avenue and Ensenada Avenue road segments listed with the 2024 F-14 Project back to the 2023 F-14 Project. As previously mentioned, these road segments flank both sides of the Via Avenue Bridge and were placed on the 2024 F-14 Project in an effort to have this road work occur after bridge construction to avoid heavy construction traffic loading on planned road improvements and staging conflicts with bridge construction. However, the 2023 F-14 Project is just now getting started and the Via Avenue bridge construction is nearing completion, and work for both projects is being performed by Souza Construction. This provides an opportunity to have the Via Avenue and Ensenada Avenue road improvements done concurrently with the Via Avenue bridge approach work, which results in a seamless new road surface and reduced costs due to increased efficiency. Geotechnical evaluations were performed on Via Avenue and Ensenada Avenue as part of the 2023 F-14 Project, which included localized full depth pavement repairs (digouts and pavebacks) where pavement has failed, followed by a mill and overlay on the entire road surface (not bridge approaches). At the time of this report, staff is negotiating with Souza on final unit pricing and estimated quantities, but work is estimated to cost between $110,000 to $150,000. CEQA DETERMINATION: The recommended action would not result in a potential direct or reasonably indirect physical change in the environment and, accordingly, does not qualify as a “project” Page 28 of 50 ITEM NUMBER: A-3 DATE: 10/24/23 under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) or CEQA Guidelines (14 Cal. Code Regs. §§ 15000, et seq.; see 14 Cal. Code Regs. §§ 15061(b)(3) and 15378). Even if the award of contract were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use; or a minor alteration in land use limitations (see CEQA Guidelines §§ 15301, 15305). FISCAL IMPACT: Approving staff’s recommendations in this report will result in estimated expenditures of $385,780 from Sales Tax Measure F-14 Funds for the design phase of the 2024 F-14 Project, and $150,000 in Sales Tax Measure F-14 Funds to the 2023 F-14 Project for Via Avenue and Ensenada Avenue road work. The adopted Budget includes $1,200,000 in fiscal year 2023-2024 for the 2024 F-14 Project, with a total project budget of $4,050,000. Staff is requesting that a total of $150,000 be reallocated from the 2024 F-14 Project to the 2023 F-14 Project for work on Via Avenue and Ensenada Avenue. Preliminary Design Work (Geotechnical, costing, staff time, etc.) $ 50,000 Final Design Work (Rick Engineering) 385,780 Construction Contract 2,700,000 Coordination, Inspection and Support @ 8% 224,220 Construction Contingency @ 20% 540,000 Total: $ 3,900,000 Sales Tax Measure F-14 Fund: 2024 Pavement Rehab. Project $ 4,050,000 Sales Tax Measure F-14 Fund: Realloation to 2023 Pavement Rehab. Project for Via Ave. and Ensenada Ave. Road Work $ (150,000) Total: $ 3,900,000 Projected Net Surplus / (Shortfall) $ - PROPOSED FUNDING ESTIMATED EXPENDITURES ALTERNATIVES: 1. Council could choose not to approve recommendations above related to moving Via Avenue and Ensenada Avenue road work from the 2024 F-14 Project to the 2023 F- 14 Project; or 2. Council can direct staff to resolicit for design engineering services for the project, but staff does not recommend this alternative since the top proposals received were highly qualified and were very competitive. ATTACHMENT: 1. Draft Resolution 2. 2024 Measure F-14 Project Street Locations Page 29 of 50 ITEM NUMBER: A-3 DATE: ATTACHMENT: 10/24/23 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CHANGE ORDER TO THE 2023 MEASURE F-14 PAVEMENT REHABILITATION PROJECT WITH SOUZA CONSTRUCTION TO INCLUDE PAVEMENT IMPROVEMEMENTS TO VIA AVENUE AND ENSENADA AVENUE NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Findings: The City Council finds and declares as follows: A. A replacement bridge on Via Avenue over Atascadero Creek is under construction by Souza Construction and bridge work is scheduled to be completed by the end of December 2023. B. Pavement improvements to Via Avenue from Traffic Way to Ensenada Avenue (Via Avenue Bridge), and to Ensenda Avenue from Via Avenue Bridge to Capistrano Avenue, were planned to be completed as part of the 2023 Measure F-14 Pavement Rehabilitation Project (2023 F-14 Project) but removed and added to the 2024 Measure F-14 Pavement Rehabilitation Project (2024 F-14 Project) as to not interfere with construction of the Via Avenue Bridge. C. Souza Construction was awarded a construction contract for $2,851,397 by the City Council on July 11, 2023, for the 2023 F-14 Project and a Notice to Proceed was issued on August 11, 2023, with an estimated completion date of January 2, 2024. D. Significant bridge approach work on Via Avenue and Ensenada Avenue is included with the Via Avenue Bridge Replacement Project due to roadway/bridge realignment, which leaves a portion of the planned pavement improvements to Via Avenue and Ensenada Avenue remaining to be completed. E. The City Engineer recommends that adding pavement improvements for the remaining portions of Via Avenue and Ensenada Avenue to the 2023 F-14 Project will result in cost savings, less disruption to the public, and better pavement continuity. F. The estimated costs to add Via Avenue and Ensenada Avenue to the 2023 F-14 Project is $110,000 to $150,000 and would, ordinarily, require the City to publicly bid this work separately to comply with the competitive bidding requirements set forth in the California Public Contracts Code for this work. G. The facts and circumstances of the City’s current projects, however, demonstrate that separate competitive bids would be unavailing or would not produce an advantage, and the advertisement for competitive bid would thus be undesirable and impractical for the following reasons: Page 30 of 50 ITEM NUMBER: A-3 DATE: ATTACHMENT: 10/24/23 1 1. The 2023 F-14 Project was competitively bid in accordance with California Public Contract Code and included pavement improvements that are similar or in-kind to those planned improvements for Via Avenue and Ensenada Avenue. 2. Souza Construction is registered with the Department of Industrial Relations (“DIR”); has the required insurance and bonding; is properly licensed; and is under separate contracts with the City for the 2023 F-14 Project and Via Avenue Bridge Replacement Project. 3. A change order to add the Via Avenue and Ensenada Avenue pavement improvements to the 2023 F-14 Project is less than the 25% threshold of the contract amount and complies with contract document requirements. 4. In waiving the competitive bid requirements otherwise required by the Public Contract Code, the City Council takes note of the analysis and decisions set forth in Graydon v. Pasadena Redevelopment Agency (1980) Cal.App.3d 631; Hodgeman v. City of San Diego (1942) 53 Cal. App.2nd 610; Orange County Water Dist. v. Bennett (1958) 156 Cal. App.2nd 745; and Los Angeles G&E Corp. v. City of Los Angeles (1922) 188 Cal. 307. SECTION 2. Environmental Assessment: This work is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The Project results in minor alterations to existing public facilities involving no significant expansion of the existing use. The project is not anticipated to have any significant impacts with regard to traffic, noise, air quality, or water quality. There are adequate utilities and public services to serve the project. SECTION 3. Actions, Authorizations: The City Council takes the following actions: A. Pavement improvements to Via Avenue (from Traffic Way to the Via Bridge) and Ensenada Avenue (from Via Bridge to Capistrano Avenue) shall be constructed as part of the 2023 Measure F-14 Pavement Rehabilitation Project (Project No. C2022R01); and B. The City Manager, or designee, is authorized to execute a change order to the 2023 Measure F-14 Pavement Rehabilitation Project with Souza Construction, Inc. for Via Avenue and Ensenada Avenue pavement improvements in accordance with the terms of the construction contract documents approved by the City Council on July 11, 2023, as necessary to complete the Project. SECTION 4. Severability: If any part of this Resolution 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 Resolution are severable. SECTION 5. Effective Date: This Resolution will become effective immediately upon adoption. Page 31 of 50 ITEM NUMBER: A-3 DATE: ATTACHMENT: 10/24/23 1 PASSED AND ADOPTED at a regular meeting of the City Council held on the ______ 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, Deputy City Manager / City Clerk APPROVED AS TO FORM: _________________________ Karl H. Berger, City Attorney Page 32 of 50 2023 F-14 PMP PROJECT EXHIBIT STREET LOCATIONS DRAWN BY: DATE: SCALE: PAGE NO:1 1"=2000' 5/5/2023 R. HAYES OF 1 SAN DIEGO WY. LEGEND: 2023 REHABILITATION SEGMENT HWY. 41FLORES RD.HWY. 101 HERMOSA AVE. CARMELITA AVE. BELLA VISTA RD. MONITA RD. SIERRA VISTA RD. CUESTA CT. SAN RAFAEL CT. CATALPA ST. PINEWOOD CT. SAN GABRIEL RD. MONTECITO AVE LAS LOMAS AVE ASH ST BIRCH ST MAPLE ST WILLOW CT ITEM NUMBER: A-3 DATE: 10/24/23 ATTACHMENT: 2 Page 33 of 50 ITEM NUMBER: A-4 DATE: 10/24/23 Atascadero City Council Staff Report – Police Department Annual Military Equipment Report Pursuant to Assembly Bill 481 RECOMMENDATION: Council receive and file the annual Military Equipment Report pursuant to the requirements of Assembly Bill 481; and take such additional, related, action that may be desirable. DISCUSSION: On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law, which codified California Government Code Sections 7070 to 7075. AB 481 requires law enforcement agencies to obtain approval of, by ordinance at a regular meeting, a military equipment policy related to any funding, acquisition, or use of military equipment. The items considered to be “military equipment” are defined under Government Code Section 7070(c), and include such things as weapons using .50 caliber rounds or greater and flashbang grenades. AB 481 also requires the City Council to annually review and approve any military equipment policy adopted by ordinance. Any proposed policy must be posted on the City’s website at least 30 days before that annual review and approval. On June 14, 2022, the City Council adopted Ordinance No. 656 adopting a Military Equipment Policy in accordance with AB 481. Pursuant to Ordinance No. 656, staff must return to Council annually to provide a report on the City’s Military Equipment Policy, including quantity of items possessed, costs, results on any internal audits, and report on any complaints or concerns regarding the use of the equipment. There are no complaints or concerns received regarding the use of the equipment and it has been determined that that there are no violations of the policy. The updated attachment to the Military Equipment Policy details the type of equipment, quantity possessed, and related costs. FISCAL IMPACT: None. ATTACHMENTS: 1. Updated attachment to the Military Equipment Policy 2. Atascadero Police Department’s Lexipol Policy 708 Page 34 of 50 ITEM NUMBER: A-4 DATE: ATTACHMENT: 10/24/23 1 ATASCADERO POLICE DEPARTMENT POLICY MANUAL ATTACHMENT TO POLICY MANUAL SECTION 708 INVENTORY LIST OF AB 481 DEFINED MILITARY EQUIPMENT Equipment Name: 5.56mm Semi-Automatic Rifles and Ammunition - CA Govt. Code §7070(c)(10) Quantity Owned/Sought: 7 owned Lifespan: Approximately 15 years Equipment Capabilities: Semi-automatic rifles that fire a 5.56mm projectile. Manufacturer Product Description: Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: ● Situations where the officer reasonably anticipates an armed encounter. ● When an officer is faced with a situation that may require accurate and effective fire at long range. ● Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. ● When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. ● When an officer reasonably believes that a suspect may be wearing body armor. ● When authorized or requested by a supervisor. Fiscal Impacts: The initial cost of equipment is approximately $1,100 per rifle. The ongoing costs for ammunition vary, and maintenance is performed by Department staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Atascadero Police Department Policies on Use of Force and Firearms including Atascadero Police Department Policy Manual sections: 300, 305, 310, 312, 314.7.3, 433. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. Equipment Name: 5.56mm Semi-automatic Rifles and Ammunition - CA Govt. Code §7070(c)(10) Quantity Owned/Sought: 17 owned Lifespan: Approximately 15 years Equipment Capabilities: Semi-automatic rifle capable of firing a 5.56mm projectile. Manufacturer Product Description: Bushmaster XM15-E2S Patrolman Rifle. Short barreled carbine for patrol operations Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: ● Situations where the officer reasonably anticipates an armed encounter. ● When an officer is faced with a situation that may require accurate and effective fire at long range. ● Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. Page 35 of 50 ITEM NUMBER: A-4 DATE: ATTACHMENT: 10/24/23 1 ATASCADERO POLICE DEPARTMENT POLICY MANUAL ATTACHMENT TO POLICY MANUAL SECTION 708 INVENTORY LIST OF AB 481 DEFINED MILITARY EQUIPMENT ● When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. ● When an officer reasonably believes that a suspect may be wearing body armor. ● When authorized or requested by a supervisor. Fiscal Impacts: The initial cost of equipment is approximately $1,100 per rifle. The ongoing costs for ammunition vary, and maintenance is performed by Department staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Atascadero Police Department Policies on Use of Force and Firearms including Atascadero Police Department Policy Manual sections: 300, 305, 310, 312, 314.7.3, 433. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. Equipment Name: 5.56mm Semi-Automatic Rifles and Ammunition - CA Govt. Code §7070(c)(10) Quantity Owned/Sought: 3 owned Lifespan: Approximately 15 years Equipment Capabilities: Semi-automatic rifles that fire a 5.56mm projectile. Manufacturer Product Description: Heckler and Koch G36C is a compact deployable patrol rifle ideal for compact carry locations such as motor vehicles and motorcycles. Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: ● Situations where the officer reasonably anticipates an armed encounter. ● When an officer is faced with a situation that may require accurate and effective fire at long range. ● Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. ● When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. ● When an officer reasonably believes that a suspect may be wearing body armor. ● When authorized or requested by a supervisor. Fiscal Impacts: The initial cost of equipment is approximately $1,100 per rifle. The ongoing costs for ammunition vary, and maintenance is performed by Department staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Atascadero Police Department Policies on Use of Force and Firearms including Atascadero Police Department Policy Manual sections: 300, 305, 310, 312, 314.7.3, 433. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. Equipment Name: 40 caliber and 9mm Semi-Automatic Rifles and Ammunition - CA Govt. Code §7070(c)(10) Page 36 of 50 ITEM NUMBER: A-4 DATE: ATTACHMENT: 10/24/23 1 ATASCADERO POLICE DEPARTMENT POLICY MANUAL ATTACHMENT TO POLICY MANUAL SECTION 708 INVENTORY LIST OF AB 481 DEFINED MILITARY EQUIPMENT Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years Equipment Capabilities: Semi-automatic rifles that fire a 40 caliber and 9mm projectile. Manufacturer Product Description: Heckler and Koch MP5 sub machine gun made to cover a wide variety of different tactical requirements for specialized teams. Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: ● Situations where the officer reasonably anticipates an armed encounter. ● When an officer is faced with a situation that may require accurate and effective fire at long range. ● Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. ● When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. ● When an officer reasonably believes that a suspect may be wearing body armor. ● When authorized or requested by a supervisor. Fiscal Impacts: The initial cost of equipment is approximately $1,100 per rifle. The ongoing costs for ammunition vary, and maintenance is performed by Department staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Atascadero Police Department Policies on Use of Force and Firearms including Atascadero Police Department Policy Manual sections: 300, 305, 310, 312, 314.7.3, 433. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. Equipment Name: .308 caliber bolt-action Rifle and Ammunition - CA Govt. Code §7070(c)(10) Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years Equipment Capabilities: The Remington 700 Sniper Rifle fires a .308 caliber projectile at extended distances. Manufacturer Product Description: The Remington 700 is the number one bolt-action of all time, proudly made in the U.S.A. For over 50 years, more Model 700s have been sold than any other bolt- action rifle before or since. The legendary strength of its 3-rings-of-steel receiver paired with a hammer- forged barrel, combine to yield the most popular bolt-action rifle in history. Purpose/Authorized Uses: This rifle is exclusively authorized for use by a sniper-trained SWAT officer, and may be deployed in circumstances where the officer can articulate a reasonable expectation that the rifle may be necessary. Examples of some general guidelines for deploying the rifle may include but are not limited to: ● Situations where the officer reasonably anticipates an armed encounter. Page 37 of 50 ITEM NUMBER: A-4 DATE: ATTACHMENT: 10/24/23 1 ATASCADERO POLICE DEPARTMENT POLICY MANUAL ATTACHMENT TO POLICY MANUAL SECTION 708 INVENTORY LIST OF AB 481 DEFINED MILITARY EQUIPMENT ● When the officer is faced with a situation that may require accurate and effective fire at long range. ● Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. ● When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. ● When an officer reasonably believes that a suspect may be wearing body armor. ● When authorized or requested by a supervisor. Fiscal Impacts: $1,604.12 per rifle. The ongoing costs for ammunition vary, and maintenance is performed by Department staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Atascadero Police Department Policies on Use of Force including Atascadero Police Department Policy Manual sections 300, 305, 310, 312, 314.7.3. Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT Snipers must successfully complete a CA POST certified sniper course as well as regular SWAT Sniper training and qualifications as required by law and policy. Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Govt. Code §7070(c)(14) Quantity Owned/Sought: 9 owned Lifespan: Approximately 15 years Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions. Manufacturer Product Description: Purpose/Authorized Uses: To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application. The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a “less lethal” use of force option, which serves as an additional option to mitigate the possibility of using lethal force. Fiscal Impacts: $3,400 initial purchase per launcher, $2,500 initial purchase of 40mm projectiles. The ongoing cost for munitions will vary. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Atascadero Police Department Policies on Use of Force, primarily Atascadero Police Department Policy Manual sections 300 and 308. Training Required: Initial orientation course including qualifications are provided by Department members who have attended a POST-certified instructor’s course; annual recertification, including qualifications by demonstrated use in a training environment are required of all operators. Page 38 of 50 ITEM NUMBER: A-4 DATE: ATTACHMENT: 10/24/23 1 ATASCADERO POLICE DEPARTMENT POLICY MANUAL ATTACHMENT TO POLICY MANUAL SECTION 708 INVENTORY LIST OF AB 481 DEFINED MILITARY EQUIPMENT Equipment Name: - .556 AR-15 Patrol Rifles, CA Govt. Code §7070(c)(10) Quantity Owned/Sought: 16 Lifespan: 15 years Equipment Capabilities: Semi-automatic rifle capable of firing a 5.56mm projectile. Manufacturer Product Description: .556 Sionic AR-15 Patrol Rifles for patrol operations and SWAT Team deployment. Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: ● These Patrol Rifles are replacing the aging Patrol Rifle inventory. ● Situations where the officer reasonably anticipates an armed encounter. ● When an officer is faced with a situation that may require accurate and effective fire at long range. ● Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. ● When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. ● When an officer reasonably believes that a suspect may be wearing body armor and when authorized or requested by a supervisor. These Patrol Rifles are replacing the aging Patrol Rifle inventory. Fiscal Impacts: The initial cost of equipment is approximately $2,350 per rifle. The ongoing costs for ammunition vary, and maintenance is performed by Department staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Atascadero Police Department Policies on Use of Force, primarily Atascadero Police Department Policy Manual sections 300 and 308. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. Page 39 of 50 Policy 708 Atascadero Police Department Atascadero PD Policy Manual Military Equipment 708.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 708.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body – The elected or appointed body that oversees the Department. Military equipment – Includes but is not limited to the following: •Unmanned, remotely piloted, powered aerial or ground vehicles. •Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. •High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. •Tracked armored vehicles that provide ballistic protection to their occupants. •Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. •Weaponized aircraft, vessels, or vehicles of any kind. •Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. •Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. •Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. •Any firearm or firearm accessory that is designed to launch explosive projectiles. •Noise-flash diversionary devices and explosive breaching tools. •Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. •TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). •Kinetic energy weapons and munitions. •Any other equipment as determined by a governing body or a state agency to require additional oversight. Copyright Lexipol, LLC 2023/05/11, All Rights Reserved. Published with permission by Atascadero Police Department Military Equipment - 554 ITEM NUMBER: A-4 DATE: 10/24/23 ATTACHMENT: 2 Page 40 of 50 Atascadero Police Department Atascadero PD Policy Manual Atascadero PD Policy Manual Military Equipment 708.2 POLICY It is the policy of the Atascadero Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a)Acting as liaison to the governing body for matters related to the requirements of this policy. (b)Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c)Conducting an inventory of all military equipment at least annually. (d)Collaborating with any allied agency that may use military equipment within the jurisdiction of Atascadero Police Department (Government Code § 7071). (e)Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1.Publicizing the details of the meeting. 2.Preparing for public questions regarding the department’s funding, acquisition, and use of equipment. (f)Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g)Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 708.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department: See attachment: AB 481 Military Equipment List Attachment A Policy 708.pdf 708.5 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071): (a)Requesting military equipment made available pursuant to 10 USC § 2576a. Copyright Lexipol, LLC 2023/05/11, All Rights Reserved. Published with permission by Atascadero Police Department Military Equipment - 555 ITEM NUMBER: A-4 DATE: 10/24/23 ATTACHMENT: 2 Page 41 of 50 Atascadero Police Department Atascadero PD Policy Manual Atascadero PD Policy Manual Military Equipment (b)Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (c)Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d)Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e)Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f)Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g)Acquiring military equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 708.7 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.8 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. Copyright Lexipol, LLC 2023/05/11, All Rights Reserved. Published with permission by Atascadero Police Department Military Equipment - 556 ITEM NUMBER: A-4 DATE: 10/24/23 ATTACHMENT: 2 Page 42 of 50 ITEM NUMBER: A-5 DATE: 10/24/23 Atascadero City Council Staff Report – Public Works Department Professional Services Agreement for Wastewater Collection System Master Plan Update RECOMMENDATION: Council award a professional services agreement with Carollo Engineers, Inc. for $185,400 to provide engineering services and prepare the 2024 Wastewater Collection System Master Plan Update (Project No. C2023W01); and take such additional, related, action that may be desirable. [Public Works] BACKGROUND: The City provides wastewater collection and treatment service for most non-residential properties and a portion of the City’s residential population serving a combined area consisting of approximately 2,000 acres of the roughly 15,000 acres within the City boundary. Customers of the wastewater collection and treatment system are comprised of approximately 5,000 parcels that include residential, commercial, and light industrial customers. The City assumed ownership and operation of the wastewater collection and treatment system from the Atascadero County Sanitation District in 1982 shortly after incorporation (1979). While there was a portion of the City core that had been sewered since the 1930’s, the majority of the City’s sewer collection system was constructed as part of the 1969 Assessment District #1 expansion, with three additional Assessment Districts further expanding the system between 1974 and 1986. In total, the City of Atascadero now owns and operates a sewer collection system consisting of more than 63 miles of gravity sewer main and trunk lines, and an additional 6.8 miles of force mains, which collectively convey an average daily flow of 1.3 million gallons per day (MGD). Additionally, the City owns and operates twelve lift stations. The City prepares individual master plans for the wastewater collection system and wastewater treatment facility at ten-year intervals. Master plans for collection systems incorporate existing and planned land uses, measured flows and future flow projections to assess system capacity and identify deficiencies with recommend improvements. The focus of the effort is the development of a 20-year capital improvement program, split into 5-year increments, that will inform a new wastewater rate study scheduled to be completed in 2024. Previously completed master plans provide guidance as a starting point for the master plan update, as well as an opportunity to look back and make adjustments as Page 43 of 50 ITEM NUMBER: A-5 DATE: 10/24/23 necessary. The timing for this master plan update is excellent since it coincides with the General Plan Update and will incorporate any changes in land uses and zoning that is used to project future flows to the collection system and which components of the system that will require upsizing to accommodate these future flows, along with a proposed schedule and cost of those improvements. DISCUSSION: Staff issued a Request for Proposals (RFP) for the wastewater collection system master plan update in September 2023. The work scope in the RFP included data collection and review, land use and population analysis, wastewater flow modeling and projections, infiltration and inflow (I/I) analysis, hydraulic model calibration, preparation of a rehabilitation and repair plan, development of the capital improvement plan, and an evaluation of needing existing and future staffing. In addition, the work scope includes preliminary layout and flow analysis of the five sewer extension (expansion) areas that were identified with the City’s Local Area Management Plan (LAMP). Analysis of the sewer extension areas is required to determine impacts to downstream facilities. All findings will be combined into a final Master Plan Report. Public Works staff is also working with a separate consultant to complete income surveys for two sewer extension areas for grant funding consideration, and it is anticipated that preliminary design and costs will be needed for those grant applications. A future feasibility study will be completed for one of more sewer extension areas that will incorporate the master plan work and provide further analysis including financing and funding options. Two proposals were received from Carollo Engineers, Inc. (Carollo) and MKN & Associates, Inc. (MKN). Both consultants have extensive experience with similar projects and prior experience with the City of Atascadero’s wastewater systems. The proposals were individually reviewed and scored by a technical selection committee according to experience with similar projects, responsiveness to City needs, experience of key personnel and other factors. The committee was particularly interested in the ability of the consultants to evaluate the impacts of the January 2023 storm events and provide recommendations for lowering the impacts to the collection system from flooding events. Both proposals demonstrated the ability to complete the work and the selection committee felt there were significant strengths for both consultants. In the end, the committee agreed that Carollo submitted the proposal that best met the intent of the RFP and provided the best value to the City. A detailed fee estimate worksheet was included with Carollo’s proposal that included labor hours/costs, reimbursable expenses, and subconsultant fees for the work scope identified in the RFP. Staff reviewed the fee estimate worksheet and find the fee estimate to be reasonable for the scope of work. If awarded, the basis of compensation will be actual labor hours worked plus reimbursable expenses and subconsultant fees. This project is anticipated to take approximately five months to complete, which is a compressed timeline necessary to provide CIP cost estimates for the wastewater rate study. Page 44 of 50 ITEM NUMBER: A-5 DATE: 10/24/23 FISCAL IMPACT: Approving staff’s recommendation will result in estimated expenditures of $215,000 from the Wastewater Fund; $185,400 for professional services and $29,600 in City staff time and support services. The adopted Budget for FY23/24 includes $175,000 for Wastewater Master Plan Updates and $190,000 for Collection System Expansion Feasibility Study. The Wastewater Master Plan Updates budget was intended to include master plans for the wastewater collection and treatment systems; however, the master plan for the WWTP will be completed in conjunction with the WWTP Retrofit and Secondary Treatment Improvements Project. As mentioned above, a future feasibility study may be performed for one or more of the sewer extension areas that will incorporate master planning findings and provide analysis of funding and financing. It is anticipated that a future feasibility study will be less than budgeted due to savings from master planning efforts. The following is a summary of the estimated expenditures and proposed funding: Collection System Master Plan Update Agreement (Carollo) $ 185,400 City staff time/support for Collection System MP Update $ 29,600 Collection System Expansion Feasibility Study (Future) 150,000 Total Estimated Expenditures: $ 365,000 Wastewater Funds - Wastewater Master Plan Updates $ 175,000 Wastewater Funds - Collection System Exp. Feasibility Study $ 190,000 Total Estimated Funding Sources $ 365,000 Projected Net Surplus / (Shortfall) $ - PROPOSED FUNDING ESTIMATED EXPENDITURES ALTERNATIVES: Council may direct staff to resolicit for engineering services for the project, but staff does not recommend this alternative since the top proposals received were highly qualified and were very competitive. ATTACHMENT: None Page 45 of 50 ITEM NUMBER: A-6 DATE: 10/24/23 Atascadero City Council Staff Report - Public Works Department Authorization to Repair Various Roads Damaged in the 2023 Winter Storms RECOMMENDATION: Council authorize the Administrative Services Director to allocate $250,000 in Capital Project Funds to repair various roads that were damaged during the 2023 winter storms; and take such additional, related, action that may be desirable. DISCUSSION: Background: Following the March 2023 storm events, multiple roadways in town began showing full pavement failures as a result of supersaturation of the pavement subgrade. Hot-mixed asphalt pavement is a flexible pavement and relies on the underlying soils to absorb loads that are transferred through the asphalt pavement surfacing. When underlying subgrade soils are fully saturated, the subgrade soils are unable to resist loading and deform, resulting in pavement failures (potholes, wheel rutting, etc.). These failures included roadway subsidence, pavement heaving, pavement undermining, and slope slide embankment failures. Staff identified the roadway segments and locations that were damaged the most from the storms and prepared bidding documents for a public bid solicitation with the intent of hiring one contractor to perform all road repairs. This project was publicly bid on July 20, 2023, for a minimum of 30 days in accordance with State Contracting Laws and City of Atascadero Purchasing Policies, culminating in a public bid opening on August 24, 2023. No bids were received for the project. Receiving very few or no bids on projects has been a common problem for many local agencies in 2023, owing primarily to the extremely high volume of work and limited availability of contractor staff. The problem is particularly acute on the Central Coast, where there is already a limited number of contractors. Following the failed bid, staff re-evaluated the project locations and identified those areas that are affecting roadway functionality or are likely to fail further or completely during the upcoming rainy season, if left unrepaired. These locations were then split back into individual locations and cost proposals were requested from contractors for locations grouped based on geographic location. Page 46 of 50 ITEM NUMBER: A-6 DATE: 10/24/23 Analysis: Several contractors declined to provide proposals for work due to current workload and small repair scope. However, two contractors already doing work in town (allowing for efficiency of work) did provide proposals. The table below lists contractors and not to exceed costs for each of the locations identified by staff as essential to be completed prior to the upcoming winter season. Porter Construction 15505 Santa Ana Rd Embankment reconstruction, 2,700 sf 6” deep lift paving $58,565 8270 Hermosa Ave 1000 sf 6” deep lift paving, 500 sf 3” mill and overlay $37,065 Souza Construction 9835 Laurel Rd 1000 sf 6” deep lift paving, 1,500 sf 3” mill and overlay $32,800 3380 Chico Rd 50 sf 6” digout and deep lift paving $5,000 3889 Orillas Way 300 sf 6” digout and deep lift paving $10,000 $143,430 Costs for all locations have been reviewed and staff concluded that these prices are fair and reasonable for the work scope. Souza’s proposed cost for Laurel Road is particularly cost effective, as they will be able to utilize equipment already in close proximity, completing paving work for the Santa Lucia Bridge replacement project. There are additional roadway repairs that City staff are actively working on addressing and requesting Council to approve funding, including the following: Del Rio Road Repairs at US 101 $75,000 The 2023 winter storms also did significant damage to Del Rio Road pavement near the US 101 interchange, particularly at the intersection with the southbound ramps. The worst damage is within Caltrans right-of-way, however, the City is responsible to maintain Del Rio Road pavement up to the overpass bridge decking through a Caltrans maintenance agreement. These maintenance agreements are standard operating procedures for maintenance responsibilities where local roads intersect Caltrans facilities. Quotes were also solicited from qualified contractors to perform limited repairs on Del Rio Road at US 101; but one contractor declined, one could not schedule prior to December 2023, and one provided a quote just under $150,000 – which triggers a more formal public bidding procedure. To complicate matters, Caltrans will require an encroachment permit from any general contractor hired by the City and it is estimated to take two months to issue. Staff is re-evaluating the scope of these repairs and considering performing a portion of the work as the general contractor to capitalize on the blanket encroachment permit that the City has with Caltrans for work in their right-of-way. This approach will allow the repairs to occur much sooner due to the City’s blanket encroachment permit and is estimated to cost $75,000. It should be noted that these repairs will not address all the pavement deficiencies on Del Rio Road, just the worst areas; this work is anticipated to begin prior to the end of November 2023. Page 47 of 50 ITEM NUMBER: A-6 DATE: 10/24/23 The City is in the design phase for the Del Rio Road/US 101 Interchange Improvements Project that includes realigning Ramona Road, adding a right-turn lane from westbound Del Rio Road to northbound US 101, and additional pavement repairs on both sides of the overpass bridge and extending to Monterey Road. Construction for this project is currently estimated to occur in 2025. 9650 Santa Cruz Road $25,000 Significant erosion of the roadway embankment occurred near 9650 Santa Cruz Road during the 2023 winter storms that also requires repair to prevent further degradation and a potential of a portion of Santa Cruz Road from collapsing. Yeh and Associates recently provided the City with geotechnical recommendations to mitigate further erosion and remediate damage that includes rock slope protection. Yeh recommends this work occur prior to the upcoming winter rains and staff is in the process of obtaining quotes for this work, which is estimated to cost $25,000. All activities and costs in will be documented in accordance with FEMA and California OES requirements for reimbursement of eligible costs associated with the March 2023 storms, and staff will actively seek reimbursement of these costs. CEQA DETERMINATION: The recommended action would not result in a potential direct or reasonably indirect physical change in the environment and, accordingly, does not qualify as a “project” under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) or CEQA Guidelines (14 Cal. Code Regs. §§ 15000, et seq.; see 14 Cal. Code Regs. §§ 15061(b)(3) and 15378). Even if the award of contract were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use; or a minor alteration in land use limitations (see CEQA Guidelines §§ 15301, 15305). FISCAL IMPACT: Costs to repair road damages are expected to be $250,000 in unbudgeted Capital Project Funds, and reimbursement of these storm-related costs will be sought through FEMA and CalOES. ATTACHMENTS: None Page 48 of 50 ITEM NUMBER: A-7 DATE: 10/24/23 Atascadero City Council Staff Report – Police Department Police Patrol Vehicles Purchase RECOMMENDATIONS: Council: 1. Ratify the purchase of six Dodge Durango replacement patrol vehicles from John Jones Auto Group in the amount of $297,720. 2. Authorize the expenditure of $123,660 for the associated upfitting of these patrol vehicles from Northern California’s Emergency Vehicle Installations. 3. Take such additional, related, action that may be desirable. DISCUSSION: The Atascadero Police Department (APD) depends on a fleet of patrol vehicles as one of many tools used to help keep the community safe. The department has been trying but unable to purchase authorized replacement patrol vehicles since September 2021 due to lack of availability of these vehicles. Three Ford Interceptors have been “on order” since that time, with several different cancellations of said order by Ford Motor Company. The department has experienced significant delays and uncertainties related to the delivery of these vehicles due to various external factors, including the COVID-19 pandemic, auto manufacturer shutdowns, a microchip shortage, and the recent United Auto Workers (UAW) strike. As a result of these challenges, the police department has been unable to maintain its patrol vehicle fleet. The vehicle fleet is in desperate need of new patrol vehicles to replace vehicles that should have rotated out of service years ago. Due to the issues mentioned above, those aging patrol vehicles have continued to be used in our fleet. This has created significant issues related to increased vehicle maintenance costs as well as having to remove vehicles from use due to safety concerns. The aforementioned issues with vehicle availability has expanded APD’s search into other states, a problem common among all law enforcement agencies right now. In light of these challenges, staff has diligently explored alternative options to ensure the continued efficiency and effectiveness of the patrol fleet. After extensive research and evaluation, a reputable vendor has been identified, John Jones Auto Group in Indiana, with Dodge Durango Police Pursuit Vehicles in stock and ready for immediate sale. The vehicles are selling fast, and APD had to act fast. As a result, staff contracted to Page 49 of 50 ITEM NUMBER: A-7 DATE: 10/24/23 purchase six of these vehicles under Section 3.1(b) of the City of Atascadero Purchasing Policy, which allows for the purchase under conditions where time is of the essence, requiring a subsequent report to Council for retroactive approval of the purchase, and confirming the need to act expeditiously. The cost of each vehicle, including shipping from Indiana, is $49,640, plus California sales tax and registration costs. There are also additional costs outside of this contract that include graphics and technology equipment. These costs are reasonable given the purchasing environment, and in line with the newly adopted budgeted replacement amounts per vehicle. Patrol vehicles need to be “upfitted” with equipment and markings in order to be put into service by officers. Upfitters are experiencing similar industry-wide impacts, further lengthening vehicle delivery timelines. APD has found a new vendor, Northern California’s Emergency Vehicle Installations (NorCalEVI), that can upfit the vehicles within a relatively short timeframe from vehicle purchase. Pricing from NorCalEVI is reasonable given the purchasing environment, and in line with anticipated costs in the budgeted replacement amounts. The cost to upfit each vehicle is approximately $20,610. Staff recommends Council ratifies the purchase of six (6) Dodge Durango pursuit vehicles from John Jones Auto Group, and that Council approves the complete upfitting of these units from NorCalEVI. FISCAL IMPACT: The cost to purchase and upfit six vehicles is $421,500 in budgeted General Funds and Supplemental Law Enforcement Services Funds. ATTACHMENTS: None. Page 50 of 50