HomeMy WebLinkAboutCC_2024_08_13_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA
MEETING INFORMATION:
The City Council meeting will be held in the City Council Chambers and in-person attendance will be available
at that location.
HOW TO OBSERVE THE MEETING REMOTELY:
To observe 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 observe 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.
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.
AMERICANS WITH DISABILITIES 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.
Page 1 of 77
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, August 13, 2024
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
CITY COUNCIL CLOSED SESSION:
1. CLOSED SESSION — PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION — CALL TO ORDER
a. Public Employee Performance Evaluation
Government Code Sec. 54957
Title: City Manager
b. Conference with Legal Counsel – Existing Litigation
Government Code Sec. 54956.9(d)(1)
Name of case: Newton v. City of Atascadero, California Court of Appeal, Second
District, Division 6, Case No. B333543.
4. CLOSED SESSION — ADJOURNMENT
5. COUNCIL RETURNS
6. CLOSED SESSION — REPORT, if any
Announcement(s) of any reportable action(s) taken in Closed Session that occur(s) after the recess of
Regular Session will be made at the beginning of the next Regular City Council meeting as Closed Session
is not recorded or videotaped.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Funk
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
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Page 2 of 77
ROLL CALL: Mayor Moreno
Mayor Pro Tem Funk
Council Member Bourbeau
Council Member Dariz
Council Member Newsom
PRESENTATIONS:
1. Employee Recognition Awards
A. CONSENT CALENDAR: (All items on the consent calendar are considered routine and
non-controversial by City staff and will be acted upon by a single action of the City Council
unless otherwise requested by an individual Council Member for separate consideration.
Public comment on Consent Calendar items will be invited prior to action on the Calendar.)
1. AP & Payroll
▪ Fiscal Impact: $4,084,911.28
▪ Recommendation: Council approve certified accounts payable, payroll and
payroll vendor checks for June 2024. [Administrative Services]
2. 2024 F-14 Resurfacing Project Construction Award
▪ Fiscal Impact: $450,000 in Measure F-14 monies.
▪ Recommendation: Council:
1. Award a construction contract in the amount of $376,442 to Souza
Construction for the 2024 Measure F-14 Pavement Resurfacing Project
(Project No. C2024R02).
2. Authorize the Director of Administrative Services to allocate an additional
$50,000 in Measure F-14 Fund balance to the 2024 Measure F-14
Pavement Resurfacing Project. [Public Works]
3. Santa Rosa Road CDBG Sidewalk and Ramp Improvement Project
Construction Award
▪ Fiscal Impact: $386,808 in budgeted CDBG funds.
▪ Recommendation: Council award a construction contract in the amount of
$289,105 to Souza Construction for the Santa Rosa Road CDBG Sidewalk
and Ramp Improvements Project (Project No. C2019M02). [Public Works]
4. League of California Cities (CalCities) Voting Delegate
▪ Fiscal Impact: None.
▪ Recommendation: Council designate Council Member Newsom as the voting
delegate and City Manager Jim Lewis as the alternate for the General
Assembly at the Cal Cities Annual Conference and Expo in October 2024 and
direct the City Clerk to inform Cal Cities of the designation. [City Clerk]
5. Amendment to Grand Oaks Paseo Master Plan of Development
▪ Fiscal Impact: Added units above the community center are required to be
automatically included within the special tax district, providing fiscal neutrality
for the amended project site. Other requested changes will have no effect.
▪ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance amending Planned Development Overlay Zone #27 for the Grand
Oaks Paseo project, based on findings. [Community Development]
Page 3 of 77
6. Water Recycling Funding Program Planning Grant
▪ Fiscal Impact: None.
▪ Recommendation: Adopt Draft Resolution authorizing the City Manager to
submit a grant application to the State Water Resources Control Board for the
Water Recycling Funding Program Planning Grant. [Public Works]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation. Comments made during Community Forum will not be a
subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Any members of the public who have questions or need
information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00
p.m. at (805) 470-3400, or cityclerk@atascadero.org.)
B. PUBLIC HEARINGS:
1. Confirming Cost of Weed/Vegetative Growth Abatement
▪ Fiscal Impact: Approximately $93,840.14.
▪ Recommendation: Council adopt the Draft Resolution, confirming the cost of
vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire]
C. MANAGEMENT REPORTS:
1. Community Cleanliness Update
▪ Fiscal Impact: Unknown
▪ Recommendation: Council:
1. Introduce, for first reading by title only, Draft Ordinance entitled, “An
Ordinance of the City Council of the City of Atascadero, California, Adding
Title 5, Chapter 17 Regulating Shopping Carts”, to reduce the number of
abandoned shopping carts in public spaces, enhancing the community’s
safety and aesthetics.
2. Pursue a graffiti abatement program on a trial basis for private property that
relies on donations from paint suppliers and labor from service clubs to
abate graffiti. [Police]
2. Centennial Plaza Proposals and Selection
▪ Fiscal Impact: One-time payment of $7,500 to the candidate not selected.
Purchase and Development Agreements are yet to be negotiated and will be
considered by Council at a later date.
▪ Recommendation: Council:
1. Select the Herrera/Weyrick Team as preferred candidate. Provide general
design and project direction on selected candidate’s proposal.
2. Direct the City Manager to work with the selected candidate on a final
design, purchase agreement, and development agreement to return to City
Council for final approval. [Community Development]
Page 4 of 77
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their
own activities. The following represent standing committees. Informative status
reports will be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Regional Economic Action Coalition (REACH)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
Council Member Bourbeau
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member Dariz
1. Air Pollution Control District
2. California Joint Powers Insurance Authority (CJPIA) Board
3. Community Action Partnership of San Luis Obispo (CAPSLO)
4. Design Review Committee
5. Visit SLO CAL Advisory Committee
Council Member Newsom
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. League of California Cities – Council Liaison
E. INDIVIDUAL DETERMINATION AND / OR ACTION: (Council Members may ask a
question for clarification, make a referral to staff or take action to have staff place a
matter of business on a future agenda. The Council may take action on items listed
on the Agenda.)
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
ADJOURNMENT
Page 5 of 77
CITYOFATASCADEROCITYCOUNCILSTAFFREPORT\;UASfADE5(,Department:AdministrativeServices8/13/24ConsentDate:Placement:TO:JAMESR.LEWIS,CITYMANAGERFROM:JERIRANGEL,DIRECTOROFADMINISTRATIVESERVICESPREPAREDBY:KRYSCLARK,ACCOUNTINGSPECIALISTSUBJECTJune2024AccountsPayableandPayrollRECOMMENDATION:CouncilapprovecertifiedCityaccountspayable,payrollandpayrollvendorchecksforJune2024.DISCUSSION:AttachedforCityCouncilreviewandapprovalarethefollowing:PAYROLLDated6/6/24$Checks#36081-36093DirectDepositsChecks#36094-36106DirectDeposits9,674.35373,937.9513,493.75404,781.456/20/24DatedACCOUNTSPAYABLEDated6/1/24-6/30/24Checks#178290-178546&EFTs5174-5205TOTALAMOUNT3,283,023.78$4,084,911.28FISCALIMPACT:$4,084,911.28TotalexpendituresforallfundsisCERTIFICATION:Theundersignedcertifiesthattheattacheddemandshavebeenreleasedforpaymentandthatfundsareavailableforthesedemands./JeriRangeltyDirectorofAdministrativeServicesItem A1Page 6 of 77
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT:
June 2024 Eden Warrant Register in the amount of 3,283,023.78$
Page 7 of 77
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of June 2024
178290 06/03/2024 WEX BANK - BUSINESS UNIVERSAL 14,930.23Accounts Payable Check
178291 06/03/2024 WEX BANK - WEX FLEET UNIVERSAL 9,913.69Accounts Payable Check
178292 06/03/2024 ANTHEM BLUE CROSS HEALTH 232,279.67Payroll Vendor Payment
178294 06/03/2024 GIS BENEFITS 15,593.51Payroll Vendor Payment
5174 06/06/2024 MCGRIFF INSURANCE SERVICE TRUIST INSURANCE HOLIDNGS LLC 1,402.94Payroll Vendor Payment
5175 06/06/2024 ANTHEM BLUE CROSS HSA 11,551.67Payroll Vendor Payment
5176 06/06/2024 STATE DISBURSEMENT UNIT 283.84Payroll Vendor Payment
178295 06/06/2024 ATASCADERO POLICE OFFICERS 2,376.75Payroll Vendor Payment
178296 06/06/2024 ATASCADERO PROF. FIREFIGHTERS 1,151.80Payroll Vendor Payment
178297 06/06/2024 EMPOWER ANNUITY INS CO 8,437.58Payroll Vendor Payment
178298 06/06/2024 IAFF MERP 1,900.00Payroll Vendor Payment
178299 06/06/2024 MISSIONSQUARE 8,798.45Payroll Vendor Payment
178300 06/06/2024 NATIONWIDE RETIREMENT SOLUTION 777.79Payroll Vendor Payment
5177 06/07/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 20,294.04Payroll Vendor Payment
5178 06/07/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 36,206.74Payroll Vendor Payment
5179 06/07/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,951.98Payroll Vendor Payment
5180 06/07/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,837.45Payroll Vendor Payment
5181 06/07/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,475.36Payroll Vendor Payment
5182 06/07/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 11,721.26Payroll Vendor Payment
5183 06/07/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 15,994.91Payroll Vendor Payment
5184 06/07/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 27,524.24Payroll Vendor Payment
5186 06/10/2024 SEIU LOCAL 620 945.01Payroll Vendor Payment
5187 06/11/2024 RABOBANK, N.A.65,876.44Payroll Vendor Payment
5188 06/11/2024 EMPLOYMENT DEV DEPARTMENT 20,037.02Payroll Vendor Payment
5189 06/11/2024 EMPLOYMENT DEV. DEPARTMENT 3,171.54Payroll Vendor Payment
178301 06/14/2024 2 MEXICANS, LLC 3,679.00Accounts Payable Check
178302 06/14/2024 JAKE ABBOTT 181.08Accounts Payable Check
178303 06/14/2024 AGP VIDEO, INC.2,607.50Accounts Payable Check
178304 06/14/2024 ALL SIGNS AND GRAPHICS, INC.4,548.75Accounts Payable Check
178305 06/14/2024 ALLIANT INSURANCE SERVICES INC 150.00Accounts Payable Check
178306 06/14/2024 ALLTECH SERVICES, INC.390.00Accounts Payable Check
178307 06/14/2024 ALPHA ELECTRIC SERVICE 337.50Accounts Payable Check
178308 06/14/2024 ALVAREZ AND RAMIREZ SERVICES 450.00Accounts Payable Check
178309 06/14/2024 AMERICAN WEST TIRE & AUTO INC 20.00Accounts Payable Check
178310 06/14/2024 DAVID M. APODACA 400.00Accounts Payable Check
178311 06/14/2024 KELLY AREBALO 453.97Accounts Payable Check
178312 06/14/2024 AT&T 562.14Accounts Payable Check
178314 06/14/2024 ATASCADERO MUTUAL WATER CO.18,427.85Accounts Payable Check
178315 06/14/2024 AVILA TRAFFIC SAFETY 2,876.62Accounts Payable Check
178316 06/14/2024 TERRIE BANISH 300.00Accounts Payable Check
8/13/24 | Item A1| Attachment 1
Page 8 of 77
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of June 2024
178317 06/14/2024 BASSETT'S CRICKET RANCH,INC.524.20Accounts Payable Check
178318 06/14/2024 BAUER COMPRESSORS 194.88Accounts Payable Check
178319 06/14/2024 KEITH R. BERGHER 651.25Accounts Payable Check
178320 06/14/2024 BERRY MAN, INC.931.15Accounts Payable Check
178321 06/14/2024 TERRI RECCHIA BLEDSOE 450.00Accounts Payable Check
178322 06/14/2024 BORJON AUTO CENTER 41,729.13Accounts Payable Check
178323 06/14/2024 BRENDLER JANITORIAL SERVICE 755.00Accounts Payable Check
178324 06/14/2024 BREZDEN PEST CONTROL, INC.70.00Accounts Payable Check
178325 06/14/2024 CANNON 13,471.88Accounts Payable Check
178326 06/14/2024 CC DYNASTY FUTBOL CLUB 1,276.00Accounts Payable Check
178327 06/14/2024 CCI OFFICE TECHNOLOGIES 300.88Accounts Payable Check
178328 06/14/2024 CENTRAL COAST EVALUATION SERV.1,000.00Accounts Payable Check
178329 06/14/2024 CHARTER COMMUNICATIONS 1,970.47Accounts Payable Check
178330 06/14/2024 LARA CHRISTENSEN 79.00Accounts Payable Check
178331 06/14/2024 KAREN A. CLANIN 220.50Accounts Payable Check
178332 06/14/2024 CLEATH-HARRIS GEOLOGISTS, INC.2,851.80Accounts Payable Check
178333 06/14/2024 CLEVER CONCEPTS, INC.55.00Accounts Payable Check
178334 06/14/2024 COLE FARMS, INC.2,969.88Accounts Payable Check
178335 06/14/2024 COLOR CRAFT PRINTING 269.77Accounts Payable Check
178336 06/14/2024 CONSOR NORTH AMERICA, INC.6,551.08Accounts Payable Check
178337 06/14/2024 CRYSTAL SPRINGS WATER 20.00Accounts Payable Check
178338 06/14/2024 CSG CONSULTANTS, INC.3,743.67Accounts Payable Check
178339 06/14/2024 CULLIGAN SANTA MARIA 477.75Accounts Payable Check
178340 06/14/2024 GREG C. CUNNINGHAM 90.00Accounts Payable Check
178341 06/14/2024 NICHOLAS DEBAR 300.00Accounts Payable Check
178342 06/14/2024 DOOMSDAY SKATE, LLC 12.00Accounts Payable Check
178343 06/14/2024 PHILIP DUNSMORE 300.00Accounts Payable Check
178344 06/14/2024 FERRELL'S AUTO REPAIR 388.97Accounts Payable Check
178345 06/14/2024 FILIPPIN ENGINEERING, INC.51,485.97Accounts Payable Check
178346 06/14/2024 SUSAN FUNK 955.08Accounts Payable Check
178347 06/14/2024 ANNE E. GALLAGHER 866.25Accounts Payable Check
178348 06/14/2024 GAS COMPANY 125.97Accounts Payable Check
178349 06/14/2024 GHS PARTS, INC.5.00Accounts Payable Check
178350 06/14/2024 SCOTT GROOMER 500.00Accounts Payable Check
178351 06/14/2024 TRISTAN M. GUILLORY 60.00Accounts Payable Check
178352 06/14/2024 DORIAN M. HACHIGIAN 400.00Accounts Payable Check
178353 06/14/2024 HANSEN BRO'S CUSTOM FARMING 13,864.50Accounts Payable Check
178354 06/14/2024 INTERWEST CONSULTING GROUP INC 135.20Accounts Payable Check
178355 06/14/2024 IRON MOUNTAIN RECORDS MGMNT 155.18Accounts Payable Check
178356 06/14/2024 JEFF & TONY'S DSD, LLC 254.16Accounts Payable Check
8/13/24 | Item A1| Attachment 1
Page 9 of 77
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of June 2024
178357 06/14/2024 JK'S UNLIMITED, INC.16,607.56Accounts Payable Check
178358 06/14/2024 SPENCER KEMP 25.00Accounts Payable Check
178359 06/14/2024 KAYLA KLINGENBERG 86.00Accounts Payable Check
178360 06/14/2024 KNECHT'S PLUMBING & HEATING 479.14Accounts Payable Check
178361 06/14/2024 L.N. CURTIS & SONS 10,060.55Accounts Payable Check
178362 06/14/2024 LEE WILSON ELECTRIC CO. INC 3,182.19Accounts Payable Check
178363 06/14/2024 JAMES R. LEWIS 2,184.81Accounts Payable Check
178364 06/14/2024 LIN LI 162.00Accounts Payable Check
178365 06/14/2024 LIFE ASSIST, INC.282.10Accounts Payable Check
178366 06/14/2024 MADRONE LANDSCAPES, INC.385.00Accounts Payable Check
178367 06/14/2024 MARBORG INDUSTRIES 3,353.53Accounts Payable Check
178368 06/14/2024 MICHAEL K. NUNLEY & ASSC, INC.9,291.44Accounts Payable Check
178369 06/14/2024 MINER'S ACE HARDWARE 279.96Accounts Payable Check
178370 06/14/2024 SAM MOUNTAIN 24.12Accounts Payable Check
178371 06/14/2024 MARINA MOYA 54.36Accounts Payable Check
178372 06/14/2024 MV TRANSPORTATION, INC.11,554.56Accounts Payable Check
178373 06/14/2024 NEW TIMES 1,287.00Accounts Payable Check
178374 06/14/2024 ODP BUSINESS SOLUTIONS, LLC 164.50Accounts Payable Check
178377 06/14/2024 PACIFIC GAS AND ELECTRIC 75,701.53Accounts Payable Check
178378 06/14/2024 MANNY PALACIOS 500.00Accounts Payable Check
178379 06/14/2024 PASO ROBLES SAFE & LOCK, INC.142.96Accounts Payable Check
178380 06/14/2024 PAVEMENT ENGINEERING, INC.38,600.00Accounts Payable Check
178381 06/14/2024 KATHRYN PAYNE 121.73Accounts Payable Check
178382 06/14/2024 PENGUIN RANDOM HOUSE, LLC 261.44Accounts Payable Check
178383 06/14/2024 DEAN PERICIC 79.00Accounts Payable Check
178384 06/14/2024 PROCARE JANITORIAL SUPPLY,INC.465.19Accounts Payable Check
178385 06/14/2024 PROFORCE LAW ENFORCEMENT 417.79Accounts Payable Check
178386 06/14/2024 PRP COMPANIES 377.88Accounts Payable Check
178387 06/14/2024 LAUREN-ASHLEY PURIFY 172.00Accounts Payable Check
178388 06/14/2024 RAINSCAPE, A LANDSCAPE SVC CO.7,242.00Accounts Payable Check
178389 06/14/2024 JERI RANGEL 300.00Accounts Payable Check
178390 06/14/2024 RICHARDS, WATSON & GERSHON 14,643.59Accounts Payable Check
178391 06/14/2024 BRIAN S. RICKS 90.00Accounts Payable Check
178392 06/14/2024 MARCELES RODRIGUEZ 260.00Accounts Payable Check
178393 06/14/2024 CORBIN J. ROSSI 90.00Accounts Payable Check
178394 06/14/2024 SAFARI LTD.323.64Accounts Payable Check
178395 06/14/2024 SCOTT O'BRIEN FIRE & SAFETY CO 219.94Accounts Payable Check
178396 06/14/2024 RANDY D. SMART, JR.60.00Accounts Payable Check
178397 06/14/2024 SOUTH COAST FIRE EQUIPMENT 698.96Accounts Payable Check
178398 06/14/2024 SOUZA CONSTRUCTION, INC.269,923.57Accounts Payable Check
8/13/24 | Item A1| Attachment 1
Page 10 of 77
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of June 2024
178399 06/14/2024 SPEAKWRITE, LLC.360.37Accounts Payable Check
178400 06/14/2024 SPECIALIZED EQUIPMENT REPAIR 3,153.37Accounts Payable Check
178401 06/14/2024 KURT W. STONE 1,200.00Accounts Payable Check
178402 06/14/2024 SUNLIGHT JANITORIAL, INC.1,650.00Accounts Payable Check
178403 06/14/2024 SUPERION, LLC 135.00Accounts Payable Check
178404 06/14/2024 DANIEL SUTTLES 79.00Accounts Payable Check
178405 06/14/2024 SWCA, INC.4,114.13Accounts Payable Check
178406 06/14/2024 MADELINE M. TAYLOR 306.90Accounts Payable Check
178407 06/14/2024 WILLIAM L. TEDONE 270.00Accounts Payable Check
178408 06/14/2024 THOMSON REUTERS - WEST 212.09Accounts Payable Check
178409 06/14/2024 KARL O. TOERGE 192.00Accounts Payable Check
178410 06/14/2024 AYLA TOMAC 86.00Accounts Payable Check
178411 06/14/2024 TOP TRUMPS USA INC.2,000.00Accounts Payable Check
178412 06/14/2024 TRI-COUNTY OFFICE FURNITURE 698.74Accounts Payable Check
178418 06/14/2024 U.S. BANK 43,567.38Accounts Payable Check
178419 06/14/2024 ULTREX BUSINESS PRODUCTS 58.60Accounts Payable Check
178420 06/14/2024 USA BLUE BOOK 155.46Accounts Payable Check
178421 06/14/2024 GREG J. VEGHER 60.00Accounts Payable Check
178422 06/14/2024 VERIZON WIRELESS 1,669.49Accounts Payable Check
178423 06/14/2024 VERNON CO.474.85Accounts Payable Check
178424 06/14/2024 VINO VICE, INC.235.00Accounts Payable Check
178425 06/14/2024 WATER SYSTEMS CONSULTING, INC.39,202.25Accounts Payable Check
178426 06/14/2024 KAREN B. WYKE 1,256.40Accounts Payable Check
5190 06/21/2024 MCGRIFF INSURANCE SERVICE TRUIST INSURANCE HOLIDNGS LLC 1,402.94Payroll Vendor Payment
5191 06/21/2024 ANTHEM BLUE CROSS HSA 15,051.67Payroll Vendor Payment
5192 06/21/2024 STATE DISBURSEMENT UNIT 283.84Payroll Vendor Payment
5201 06/21/2024 ATASCADERO POLICE OFFICERS 2,376.75Payroll Vendor Payment
178427 06/21/2024 ATASCADERO PROF. FIREFIGHTERS 1,151.80Payroll Vendor Payment
178428 06/21/2024 EMPOWER ANNUITY INS CO 8,394.52Payroll Vendor Payment
178429 06/21/2024 IAFF MERP 1,900.00Payroll Vendor Payment
178430 06/21/2024 MISSIONSQUARE 9,974.36Payroll Vendor Payment
178431 06/21/2024 NATIONWIDE RETIREMENT SOLUTION 853.80Payroll Vendor Payment
5193 06/24/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 19,190.79Payroll Vendor Payment
5194 06/24/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 35,334.12Payroll Vendor Payment
5195 06/24/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,756.76Payroll Vendor Payment
5196 06/24/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,837.45Payroll Vendor Payment
5197 06/24/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,475.40Payroll Vendor Payment
5198 06/24/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 11,362.95Payroll Vendor Payment
5199 06/24/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 15,210.36Payroll Vendor Payment
5200 06/24/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 27,896.73Payroll Vendor Payment
8/13/24 | Item A1| Attachment 1
Page 11 of 77
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of June 2024
5202 06/24/2024 SEIU LOCAL 620 1,002.82Payroll Vendor Payment
5203 06/25/2024 RABOBANK, N.A.81,496.62Payroll Vendor Payment
5204 06/25/2024 EMPLOYMENT DEV DEPARTMENT 27,306.08Payroll Vendor Payment
5205 06/25/2024 EMPLOYMENT DEV. DEPARTMENT 3,188.08Payroll Vendor Payment
178432 06/26/2024 Z 3, LLC 36,832.98Accounts Payable Check
178433 06/28/2024 2 MEXICANS, LLC 1,629.00Accounts Payable Check
178434 06/28/2024 A & F SOUVENIR 131.94Accounts Payable Check
178435 06/28/2024 AGM CALIFORNIA, INC.2,304.00Accounts Payable Check
178436 06/28/2024 ALLIANT INSURANCE SERVICES INC 150.00Accounts Payable Check
178437 06/28/2024 ALLTECH SERVICES, INC.780.00Accounts Payable Check
178438 06/28/2024 ALPHA ELECTRIC SERVICE 405.00Accounts Payable Check
178439 06/28/2024 ANTECH DIAGNOSTICS 864.29Accounts Payable Check
178441 06/28/2024 AT&T 1,303.19Accounts Payable Check
178442 06/28/2024 AT&T 762.44Accounts Payable Check
178443 06/28/2024 ATASCADERO HAY & FEED 2,841.72Accounts Payable Check
178444 06/28/2024 AURORA WORLD, INC.924.26Accounts Payable Check
178445 06/28/2024 AVILA TRAFFIC SAFETY 2,322.86Accounts Payable Check
178446 06/28/2024 BASSETT'S CRICKET RANCH,INC.163.51Accounts Payable Check
178447 06/28/2024 BATTERY SYSTEMS, INC.157.37Accounts Payable Check
178448 06/28/2024 BERRY MAN, INC.1,026.70Accounts Payable Check
178449 06/28/2024 BURKE,WILLIAMS, & SORENSON LLP 18,284.54Accounts Payable Check
178450 06/28/2024 KRYSTAL CARLON 199.87Accounts Payable Check
178451 06/28/2024 CAROLLO ENGINEERS, INC.9,189.00Accounts Payable Check
178452 06/28/2024 CHARTER COMMUNICATIONS 4,346.33Accounts Payable Check
178453 06/28/2024 COASTAL COPY, INC.472.04Accounts Payable Check
178454 06/28/2024 COLOR CRAFT PRINTING 785.54Accounts Payable Check
178455 06/28/2024 COMFORT LIVING HEATING & AIR 525.00Accounts Payable Check
178456 06/28/2024 CONSOR NORTH AMERICA, INC.3,891.88Accounts Payable Check
178457 06/28/2024 CRISP IMAGING 1,174.12Accounts Payable Check
178458 06/28/2024 CULLIGAN SANTA MARIA 88.90Accounts Payable Check
178459 06/28/2024 GREG C. CUNNINGHAM 90.00Accounts Payable Check
178460 06/28/2024 DAN BIDDLE PEST CONTROL SERVIC 135.00Accounts Payable Check
178461 06/28/2024 CHRISTOPHER DEATON 248.56Accounts Payable Check
178462 06/28/2024 DEPARTMENT OF JUSTICE 2,374.00Accounts Payable Check
178463 06/28/2024 DIMES MEDIA CORPORATION 1,255.01Accounts Payable Check
178464 06/28/2024 LISA DINIELLI 14.00Accounts Payable Check
178465 06/28/2024 EARTH SYSTEMS PACIFIC 510.15Accounts Payable Check
178466 06/28/2024 EXECUTIVE JANITORIAL 3,500.00Accounts Payable Check
178467 06/28/2024 FENCE FACTORY ATASCADERO 490.50Accounts Payable Check
178468 06/28/2024 FGL ENVIRONMENTAL 4,996.00Accounts Payable Check
8/13/24 | Item A1| Attachment 1
Page 12 of 77
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of June 2024
178469 06/28/2024 FIESTA MAHAR MANUFACTURNG CORP 922.30Accounts Payable Check
178470 06/28/2024 FILIPPIN ENGINEERING, INC.3,932.50Accounts Payable Check
178471 06/28/2024 GAS COMPANY 841.19Accounts Payable Check
178472 06/28/2024 GHS PARTS, INC.228.00Accounts Payable Check
178473 06/28/2024 GIBBS INTERNATIONAL, INC.105.93Accounts Payable Check
178474 06/28/2024 KATHLEEN GROGAN 519.00Accounts Payable Check
178475 06/28/2024 TRISTAN M. GUILLORY 60.00Accounts Payable Check
178476 06/28/2024 HART IMPRESSIONS PRINTING 906.67Accounts Payable Check
178477 06/28/2024 KELLIE K. HART 389.20Accounts Payable Check
178478 06/28/2024 HARTZELL GEN. ENG. CONTRACTOR 623,665.50Accounts Payable Check
178479 06/28/2024 HERC RENTALS, INC.157.69Accounts Payable Check
178481 06/28/2024 HOME DEPOT CREDIT SERVICES 4,001.06Accounts Payable Check
178482 06/28/2024 IMPACT PHOTOGRAPHICS, INC.242.72Accounts Payable Check
178483 06/28/2024 J. CARROLL CORPORATION 2,343.32Accounts Payable Check
178484 06/28/2024 JEFF & TONY'S DSD, LLC 155.52Accounts Payable Check
178485 06/28/2024 JK'S UNLIMITED, INC.5,867.69Accounts Payable Check
178486 06/28/2024 JOEBELLA COFFEE ROASTERS 92.50Accounts Payable Check
178487 06/28/2024 K & M INTERNATIONAL 4,890.54Accounts Payable Check
178488 06/28/2024 KEY TERMITE & PEST CONTROL,INC 555.00Accounts Payable Check
178489 06/28/2024 KPRL 1230 AM 620.00Accounts Payable Check
178490 06/28/2024 KSBY COMMUNICATIONS 260.00Accounts Payable Check
178491 06/28/2024 L.N. CURTIS & SONS 414.74Accounts Payable Check
178492 06/28/2024 LEE WILSON ELECTRIC CO. INC 2,201.53Accounts Payable Check
178493 06/28/2024 JAMES R. LEWIS 340.68Accounts Payable Check
178494 06/28/2024 LIFE ASSIST, INC.1,600.60Accounts Payable Check
178495 06/28/2024 MARBORG INDUSTRIES 1,523.05Accounts Payable Check
178496 06/28/2024 MARGARITA ADVENTURES, LLC 242.20Accounts Payable Check
178497 06/28/2024 MID-COAST MOWER & SAW, INC.110.90Accounts Payable Check
178498 06/28/2024 MIG 16,617.42Accounts Payable Check
178499 06/28/2024 MINER'S ACE HARDWARE 821.59Accounts Payable Check
178500 06/28/2024 JOE MURPHY 250.00Accounts Payable Check
178501 06/28/2024 NEW TIMES 468.00Accounts Payable Check
178502 06/28/2024 NORTH COAST ENGINEERING INC.500.00Accounts Payable Check
178503 06/28/2024 ODP BUSINESS SOLUTIONS, LLC 72.75Accounts Payable Check
178504 06/28/2024 MIKE ORVIS 544.31Accounts Payable Check
178505 06/28/2024 PACIFIC CNTRL COAST HLTH CTRS 410.00Accounts Payable Check
178506 06/28/2024 PACIFIC GAS AND ELECTRIC 7,000.00Accounts Payable Check
178507 06/28/2024 PACIFIC GAS AND ELECTRIC 3,127.99Accounts Payable Check
178508 06/28/2024 PEAKWIFI, LLC 5,200.00Accounts Payable Check
178509 06/28/2024 DEAN PERICIC 1,600.00Accounts Payable Check
8/13/24 | Item A1| Attachment 1
Page 13 of 77
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of June 2024
178510 06/28/2024 PERRY'S PARCEL & GIFT 75.00Accounts Payable Check
178511 06/28/2024 PROCARE JANITORIAL SUPPLY,INC.893.58Accounts Payable Check
178512 06/28/2024 QUINCON, INC.78,317.05Accounts Payable Check
178513 06/28/2024 RAINSCAPE, A LANDSCAPE SVC CO.10,115.00Accounts Payable Check
178514 06/28/2024 RECOGNITION WORKS 8.05Accounts Payable Check
178515 06/28/2024 BRIAN S. RICKS 270.00Accounts Payable Check
178516 06/28/2024 CORBIN J. ROSSI 150.00Accounts Payable Check
178517 06/28/2024 SAN LUIS CUSTOMS, INC.3,161.09Accounts Payable Check
178518 06/28/2024 SANTA CLARA CO PUBLIC SAFETY 350.00Accounts Payable Check
178519 06/28/2024 SCOTT O'BRIEN FIRE & SAFETY CO 375.40Accounts Payable Check
178520 06/28/2024 SPENCER SHERRILL 231.17Accounts Payable Check
178521 06/28/2024 THE SHERWIN-WILLIAMS COMPANY 207.65Accounts Payable Check
178522 06/28/2024 SLO CO AIR POLLUTION CTRL DIST 6,692.40Accounts Payable Check
178523 06/28/2024 RANDY SMART 60.00Accounts Payable Check
178524 06/28/2024 SOUZA CONSTRUCTION, INC.494,098.61Accounts Payable Check
178525 06/28/2024 CONNER M. SPEARS 10,000.00Accounts Payable Check
178526 06/28/2024 SUNBELT RENTALS, INC.480.14Accounts Payable Check
178527 06/28/2024 SUNLIGHT JANITORIAL, INC.1,650.00Accounts Payable Check
178528 06/28/2024 WILLIAM L. TEDONE 90.00Accounts Payable Check
178529 06/28/2024 TEMPLETON UNIFORMS, LLC 1,665.64Accounts Payable Check
178530 06/28/2024 CHRISTOPHER DANIEL THOMAS 120.00Accounts Payable Check
178531 06/28/2024 T-MOBILE USA, INC.100.00Accounts Payable Check
178532 06/28/2024 TOWN & COUNTRY FENCING 5,275.00Accounts Payable Check
178533 06/28/2024 UNITED RENTALS (NORTH AM), INC 2,049.23Accounts Payable Check
178534 06/28/2024 VANIR CONSTRUCTION MANAGEMENT 125,139.10Accounts Payable Check
178535 06/28/2024 REESE VARGUES 98.00Accounts Payable Check
178536 06/28/2024 VERIZON WIRELESS 21.36Accounts Payable Check
178537 06/28/2024 VINO VICE, INC.658.00Accounts Payable Check
178538 06/28/2024 VISIT SLO CAL 56,492.05Accounts Payable Check
178539 06/28/2024 WALLACE GROUP 21,775.00Accounts Payable Check
178540 06/28/2024 WARM FUZZY TOYS 656.36Accounts Payable Check
178541 06/28/2024 WATER SYSTEMS CONSULTING, INC.51,659.45Accounts Payable Check
178542 06/28/2024 WEST COAST AUTO & TOWING, INC.1,035.00Accounts Payable Check
178543 06/28/2024 YEH AND ASSOCIATES, INC.45,957.61Accounts Payable Check
178544 06/28/2024 YOUTH EVOLUTION SOCCER 1,318.20Accounts Payable Check
178546 06/28/2024 ZOOM IMAGING SOLUTIONS, INC.2,787.05Accounts Payable Check
$ 3,283,023.78
8/13/24 | Item A1| Attachment 1
Page 14 of 77
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A2
Department: Public Works
Date: 8/13/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: NICK DE BAR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
PREPARED BY: JOE MURPHY, ASSOCIATE CIVIL ENGINEER – CAPITAL PROJECTS
SUBJECT: 2024 Measure F-14 Pavement Resurfacing Project Construction Award
RECOMMENDATIONS:
Council:
1. Award a construction contract in the amount of $376,442 to Souza Construction for the
2024 Measure F-14 Pavement Resurfacing Project (Project No. C2024R02).
2. Authorize the Director of Administrative Services to allocate an additional $50,000 in
Measure F-14 Fund balance to the 2024 Measure F-14 Pavement Resurfacing Project.
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 each
budget cycle by employing the Critical Point Management technique with the City’s Pavement
Management Program. The roadway segments in the chart below are part of the 2024 Measure
F-14 Pavement Resurfacing Project and are included in both the current Budget and 5-Year Capital
Improvement Program (CIP). This project covers a total of 1.4 centerline road miles, or 2.8 lane
miles. A map showing these segments is also attached for reference (Attachment 1).
Road Segment From To Length
(ft.) 2024 PCI
Capistrano Ave Capistrano Ave Highway 41 810 57
Country Club Dr Capistrano Ave End 630 53
Del Rio Portero San Anselmo 4,020 52
San Andres Atascadero Ave San Marcos Rd 1,630 74
Total: 7,090
r*jyiiM-tli rV"i^JASCADE^O
Page 15 of 77
8/13/24 | Item A2 | Staff Report
DESIGN ANALYSIS
Generally, roadway segments selected according to the City’s Pavement Management Program
for resurfacing have pavement conditions that are appropriate for microsurfacing or a thin
overlay. The roadway segments may also have areas of localized pavement failures, usually
associated with poor subgrade conditions or drainage issues. City staff typically perform design
work and prepare bidding documents for these resurfacing projects. The design process
includes inspecting each street segment, identifying areas that require pavement repairs, crack
sealing, or minor modifications to improve drainage or access.
For the roadway segments included in the 2024 F-14 Pavement Resurfacing Project, multiple
localized pavement repairs will be completed by the contractor prior to microsurfacing. Upon
completion of microsurfacing, all roadways will be restriped in conformance with California
Manual on Uniform Traffic Control Devices (CA MUTCD) standards.
BID ANALYSIS
The project was publicly bid, starting June 24, 2024, for a minimum of 30 days in accordance
with State Contracting Laws and the City’s Purchasing Policy. A public bid opening occurred on
July 25, 2024, and four bids were received ranging from $376,442 to $445,325. The bids were
reviewed for accuracy and compliance with project bidding requirements, and the City Engineer
has determined that Souza Construction of San Luis Obispo is the lowest responsive bidder at
$376,442. Bidding was competitive for this project and Souza’s bid is considered a fair and
reasonable price for this project scope. The engineer’s construction estimate for this project
was $360,480.
CONSTRUCTION
During construction, some inconvenience is expected to vehicular and pedestrian traffic along
the roadway segments. While microsurfacing cures quickly, particularly with hot, dry air
temperatures, there is still a short delay (5-20 minutes) that is needed before vehicles are
allowed across the newly surfaced roadway. Staff will work closely and coordinate with the
contractor to minimize impacts to the greatest extent possible. Signage and outreach efforts will
be used to notify property and business owners on each roadway segment of the construction
schedule prior to work beginning. The contractor will be required to prepare a traffic control
plan, and City staff will work with the contractor to minimize travel delays and impediments to
driveways on all roadway segments.
ENVIRONMENTAL REVIEW
The proposed project is Categorically Exempt (Class 1) from the provisions of the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and
CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) pursuant to CEQA
Guidelines Section 15301, because it is limited to repair and maintenance of existing facilities.
A finding of exemption is on file in the project records
ALTERNATIVES TO THE STAFF RECOMMENDATION:
Staff does not recommend any alternatives. Council may direct staff to rebid the project or
remove work items, however, staff believes the bids received are highly competitive and pricing
is reasonable. A rebid will likely result in higher bid proposals and may push the construction
schedule into the fall when temperatures are not as conducive to microsurfacing treatment.
Page 16 of 77
8/13/24 | Item A2 | Staff Report
FISCAL IMPACT:
The 2023-2025 adopted budget includes $400,000 in Measure F-14 monies for project funding.
However, staff estimates that project expenditures may be as high as $450,000 with construction
contingencies and recommends appropriating an additional $50,000 to the project budget.
To date, there has been approximately $10,000 spent in City staff time for the design and bid
phases of the project. Other non-construction costs remaining include material testing,
coordination, and inspection fees that are estimated to be around $25,000, or about 7% of
construction costs.
The following summarizes the estimated project expenditures and funding sources:
ESTIMATED EXPENDITURES (2024 F-14)
Design and Bid Phase $ 10,000
Construction Contract 376,422
Construction Inspection / Testing / Administration @ 10% 25,000
Construction Contingency @ 10% 38,578
Total Estimated Expenditures: $ 450,000
BUDGETED FUNDING SOURCES
Measure F-14 Fund: 2024 Pavement Resurfacing $400,000
Measure F-14 Fund Reserve Allocation 50,000
Total Budgeted Funding Sources: $450,000
REVIEWED BY OTHERS:
This item has been reviewed by the Administrative Services Director.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT(S):
1. Project Location Map
2. Bid Summary
Page 17 of 77
2024 F-14 PMP PROJECT
EXHIBIT
ROADWAY REPAIR LOCATIONS
DRAWN BY:
DATE:
SCALE:
PAGE NO:1
1" = 2000'
7/26/2024
J. MURPHY
OF 1
LEGEND:
2024 RESURFACING SEGMENT
COUNTRY
CLUB DR.
CAPISTRANO AVE.
SAN ANDRES AVE.
DEL RIO RD.
8/13/24 | Item A2 | Attachment 1
Page 18 of 77
TO:Public Works
FROM:Jessica Krouse, Deputy City Clerk
BID NO.:9195703
OPENED:7/25/2024
PROJECT:2024 Measure F-14 Pavement Resurfacing (C2024R02)
4 Bids were received and opened today, as follows:
Name of Bidder Base Bid Total
Souza Engineering Contracting, Inc.
dba Souza Construction $376,441.50
Papich Contruction $380,980.00
V. Lopez & Sons Inc. $393,701.90
VSS International $445,325.00
City of Atascadero
Office of the City Clerk
Bid Summary
8/13/24 | Item A2 | Attachment 2
Page 19 of 77
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A3
Department: Public Works
Date: 8/13/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: NICK DE BAR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
PREPARED BY: JOE MURPHY, ASSOCIATE CIVIL ENGINEER – CAPITAL PROJECTS
SUBJECT: Santa Rosa Road CDBG Sidewalk and Ramp Improvement Project
Construction Award
RECOMMENDATION:
Council award a construction contract in the amount of $289,105 to Souza Construction for the
Santa Rosa Road CDBG Sidewalk and Ramp Improvements Project (Project No. C2019M02).
DISCUSSION:
BACKGROUND
The Community Development Block Grant (CDBG) Program is a federal grant program through
the Department of Housing and Urban Development, administered locally through the County of
San Luis Obispo. The program is intended to support community development activities to build
stronger and more resilient communities. A portion of the City’s CDBG allocation must be used
for public facility projects. The City is eligible to apply for these funds and has traditionally used
these funds for design and construction of sidewalk and pedestrian improvements to remove
barriers related to the Americans with Disabilities Act (ADA). Generally, these projects are smaller
in nature ($100,000-$150,000) and address non-compliant pedestrian ramps and sidewalks, as
well as pedestrian connectivity issues by constructing “missing links” between sidewalks and
other upgrades to the existing infrastructure to provide greater accessibility. However, as
construction costs have risen, and in order to construct a useful and cohesive improvement,
projects have generally required the combination of multiple years of funding.
The Santa Rosa Road CDBG Sidewalk and Ramp Improvement Project was awarded a $114,566
grant during the 2020 funding cycle, a second $90,652 grant award during the 2022 funding cycle,
and a third $120,155.14 grant award during the 2023 funding cycle. Additional funding totaling
$61,435.40 was reallocated from the remaining 2017, 2018, 2020 and 2021 CDBG allocations to
this project for total project funding in the amount of $386,808.54.
The City prioritized this project to remove pedestrian barriers along Santa Rosa Road, adjacent to
the Motel 6 property, and at the intersection with El Camino Real. Santa Rosa Road has existing
Page 20 of 77
8/13/24 | Item A3 | Staff Report
sidewalk along the north roadway edge between El Camino Real and the US 101 northbound on-
ramp which has degraded over time and no longer meets ADA requirements. Additionally, the
curb ramp at the northwest corner of El Camino Real and Santa Rosa Road does not meet ADA
requirements and will be replaced to address deficiencies.
This project will reconstruct approximately 390 lineal feet of 4-foot wide concrete sidewalk along
the north side of Santa Rosa Road and the associated curb and gutter, increase the height of the
adjoining retaining wall by 1 foot and install a new handrail, replace the existing pedestrian ramp
at the northwest corner of Santa Rosa Road and El Camino Real, and reconstructed the asphalt
roadway section of the westbound lane to allow for confirming to existing grades. A map of this
area is shown below for reference.
BID ANALYSIS
The project was advertised for a minimum of 30 days, beginning on June 14, 2024, with a public
bid opening on July 18, 2024. Two bids were received ranging from $289,105 to $397,773 with
the low bid submitted by Souza Construction. The bids were reviewed for accuracy and
compliance with the City of Atascadero and Federal bidding requirements, and the City Engineer
determined that Souza Construction was the lowest responsive bidder. The second lowest bidder,
Atkinson Construction, contained a bid error in the extension of quantities, but with the
correction to the bid the total was $307,773, which did not alter the order of bidders. The low
bid exceeded the engineer’s estimate but is in line with other similar small projects that have
opened within the last month and is reflective of the overall bidding environment in our region.
ENVIRONMENTAL REVIEW
The proposed project is Categorically Exempt (Class 1) from the provisions of the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and
CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) pursuant to CEQA
Guidelines Section 15301, because it is limited to repair and maintenance of existing facilities.
A finding of exemption is on file in the project records.
Page 21 of 77
8/13/24 | Item A3 | Staff Report
Since the project is federally funded, a review under the National Environmental Policy Act
(NEPA) is also required. As the funding recipient agency, the County of San Luis Obispo
completes the NEPA analysis. This project was found to be Categorically Excluded per 24 CFR
58.35(a). This finding of exemption is on file with the project records, and associated mitigation
requirements are included in the project bid documents.
ALTERNATIVES TO THE STAFF RECOMMENDATION:
Council may direct staff to rebid the project; however, staff believes the low bid received is
reasonable given current construction costs and the bidding environment. In addition, Souza’s bid
can be completed with budgeted funds.
FISCAL IMPACT:
A total of $386,808 in CDBG Funds is currently budgeted for this project. The following tables
summarize the estimated project expenditures and funding sources:
ESTIMATED EXPENDITURES
Design and Bid Phase $ 42,000
Construction Contract 289,105
Construction Contingency @ 11% 32,703
Construction Inspection / Testing / Administration @ 8% 23,000
Total Estimated Expenditures: $ 386,808
BUDGETED FUNDING SOURCES
2020 CDBG Allocation $114,566
2022 CDBG Allocation 90,652
2023 CDBG Allocation 120,155
CDBG Reallocation 61,435
Total Budgeted Funding Sources: $386,808
REVIEWED BY OTHERS:
This item has been reviewed by the Administrative Services Director.
Page 22 of 77
8/13/24 | Item A3 | Staff Report
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT(S):
1. Project Location Map
2. Bid Summary
Page 23 of 77
CDBG PROJECT - SANTA ROSA ROAD
EXHIBIT 1
LOCATION MAP
DRAWN BY:
DATE:
SCALE:
PAGE NO:1
1"=200'
2/26/2021
R. HAYES
OF 1HWY. 10
1
(NB
)
PROJECT LOCATION
HWY. 101
(SB
)EAST FRONT
STWEST FRONT
ST
E
L
C
AM
INO
R
E
A
L
SANT
A
R
O
S
A
R
D
8/13/24 | Item A3 | Attachment 1
Page 24 of 77
CityofAtascaderoOfficeoftheCityClerkBidSummaryTO:PublicWorksJessicaKrouse,DeputyCityClerk2024-0037/18/2024CDBGSantaRosaRoadAccessibility(C2019M02)Bidswerereceivedandopenedtoday,asfollows:FROM:BIDNO.:OPENED:PROJECT:2NameofBidderBidTotalSouzaEngineeringContracting,Inc.dbaSouzaConstruction$289,105.00AtkinsonConcrete(Totalnumericvalue)$397,773.00**$307,773.00waswordtotal8/13/24 | Item A3 | Attachment 2Page 25 of 77
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A4
Department: City Clerk’s
Office
Date: 8/13/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: LARA K. CHRISTENSEN, CITY CLERK
PREPARED BY: LARA K. CHRISTENSEN, CITY CLERK
SUBJECT: Voting Delegate Designation – Cal Cities Annual Conference and Expo
RECOMMENDATION:
Council designate Council Member Newsom as the voting delegate and City Manager Jim Lewis
as the alternate for the General Assembly at the Cal Cities Annual Conference and Expo in October
2024 and direct the City Clerk to inform Cal Cities of the designation.
DISCUSSION:
This year’s League of California Cities’ Annual Conference is scheduled for Wednesday, October
16 through Friday, October 18, 2024, in Long Beach. One very important aspect of the Annual
Conference is the General Assembly when the membership takes action on conference
resolutions. Annual Conference resolutions guide cities and Cal Cities in their efforts to improve
the quality, responsiveness, and vitality of local government in California.
Each City Council is asked to designate a voting representative who will be present at the General
Assembly. The Council may also appoint an alternate for the voting delegate, if they desire.
League bylaws provide that each city is entitled to one vote in matters affecting municipal or
League policy. City Manager Jim Lewis will also be attending the annual conference and would
be available to serve as alternate.
FISCAL IMPACT:
None.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
________
James R. Lewis, City Manager
£M -m «V"I^jASCADEfco
Page 26 of 77
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A5
Department: Community
Development
Date: 8/13/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: PHIL DUNSMORE, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: KELLY GLEASON, PLANNING MANAGER
SUBJECT: Amendment to Grand Oaks Paseo Master Plan of Development
RECOMMENDATION:
Council adopt on second reading, by title only, Draft Ordinance amending Planned
Development Overlay Zone #27 for the Grand Oaks Paseo project, based on findings.
DISCUSSION:
On July 9, 2024, the City Council reviewed amendments to the Grand Oaks Master Plan of
Development and associated Planned Development Overlay Zone standards. At that meeting, the
Council approved amendments to the community building and common central open space
amenities. The proposed amendments included:
• Elimination of a cottage unit on Lot 14 and replacement with a communal outdoor patio.
• Modification of the community building to include 2 second floor residential units.
• Elimination of the carport structure.
A review and update to Planned Development (PD) Overlay Zone #27 was needed to
accommodate the changes. Specifically, the updated PD language acknowledges the additional
unit and provides minor updates to the list of allowable uses to align with current Municipal Code
land use definitions. The City Council introduced the Ordinance for first reading at the July 9,
2024, meeting, consistent with the amended Master Plan of Development.
The City Council’s motion also included adding a condition to the Master Plan of Development
Resolution prohibiting short-term rental of the 2 residential units above the community building,
consistent with CC&Rs for the Grand Oaks Paseo project.
ENVIRONMENTAL DETERMINATION:
The changes proposed are minor in nature and thus, the proposed amendments were found to
be consistent with the previously certified Mitigated Negative Declaration for the site.
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FISCAL IMPACT:
As the project is already within the boundaries of the Citywide Community Facilities District, the added
units above the community center are required to be automatically included within the special tax
district, providing fiscal neutrality for the amended project site. Other requested changes will have no
effect.
REVIEWED BY OTHERS:
This item has been reviewed by the Community Development Director, Administrative Services
Director, and Planning Commission.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
________
James R. Lewis, City Manager
ATTACHMENT(S):
1. Draft Ordinance
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DRAFT ORDINANCE
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE,
TITLE 9: PLANNING AND ZONING, APPROVING TEXT AMENDMENTS
TO THE PLANNED DEVELOPMENT #27 OVERLAY ZONE
APN 029-274-014, 029-274-031, 029-274-032
GRAND OAKS PASEO
CAL COASTAL HOLDINGS
(AMND24-0045)
WHEREAS, an application has been received from Cal Coastal Holdings, LLC,
(Applicant/ Owner), 242 El Dorado Way, Pismo Beach, CA 93449, (AMND24-0045) to consider
an Amendment to the Master Plan of Development (Resolution 2019-082) and PD overlay text to
eliminate a cottage unit on Lot 14, eliminate the carport, and add two residential units to the second
floor of the community building; and
WHEREAS, the site has a General Plan Designation of High Density Residential (HDR)
and General Commercial (GC); and
WHEREAS, the site is in the Residential Multi-Family 24 (RMF-24) zoning district and
Commercial Retail (CR) with a Planned Development Overlay Zone (PD27); and
WHEREAS, A Master Plan of Development was approved by the City Council consistent
with the PD overlay standards on November 12, 2019 (Resolution 2019-082); and
WHEREAS, PD 27 was established in 2006 and amended in 2019 with the approval of
the Grand Oaks Paseo Master Plan of Development and modifications to the zoning overlay district
are necessary for consistency with the amended Master Plan of Development; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact amendments to Planned Development Overlay #27 for consistency with the revised
Master Plan of Development, including incorporation of land use definitions updated between
overlay zone adoption in 2004 and today; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit Amendment application was held by the Planning Commission of the City of
Atascadero, at which hearing evidence, oral and documentary, was admitted on behalf of said
Amendments; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit Amendment application was held by the City Council of the City of Atascadero, at
which hearing evidence, oral and documentary, was admitted on behalf of said Amendments; and
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WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Planning Commission Recommendation. The Planning Commission of the
City of Atascadero, on June 18, 2024, held a timely and properly noticed Public Hearing upon the
subject Title 9 Atascadero Municipal Code amendments in association with the Amendment to the
Master Plan of Development (AMND24-0045), at which hearing evidence, oral and documentary,
was admitted on behalf of said amendments and the Planning Commission recommended that City
Council approve the proposed text amendments.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, at a Public
Hearing held on July 9, 2024, considered testimony and reports from staff and the public and
introduced for first reading, by title only, an Ordinance amending Title 9 of the Atascadero
Municipal Code.
SECTION 3. Facts and Findings. The City Council makes the following findings and
determinations for approval of the proposed text amendments:
A. Findings for Zone Text Amendment:
1. FINDING: The proposed project or use is consistent with the General Plan, and all
other applicable ordinances and policies of the City.
FACT: The proposed amendments are consistent with the General Plan. The project
site is designated General Commercial and High-Density Multi-Family and was
approved as a custom-small lot subdivision with shared amenity space and a mixed-use
component along the project frontage, consistent with the General Plan goals and
policies. The proposed amendments do not change the overall use or character of the
project.
2. FINDING: The establishment and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing or
working in the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and
FACT: The amendment will not change the use or character of the project and will not
be detrimental to the health, safety, or welfare of the general public or residents within
the project.
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3. FINDING: The proposed project or use will not be inconsistent with the character or
the immediate neighborhood or contrary to its orderly development; and
FACT: The proposed amendments are consistent with the character of the
neighborhood and are consistent with uses previously approved on the site.
4. FINDING: The proposed zone change will not create any new significant and
unavoidable impacts to traffic, infrastructure, or public service impacts; and
FACT: The proposed amendments will not generate a substantial increase in traffic.
The 2 additional proposed residential units will generate an insubstantial increase in
the volume of traffic.
SECTION 4. CEQA. The proposed modifications are consistent with the previously
certified Mitigated Negative Declaration (EDN2005-0063).
SECTION 5. Approval. The City Council of the City of Atascadero, in a regular session
assembled on July 9, 2024, resolves to approve an Amendment to the Grand Oaks Paseo Master
Plan of Development (AMND24-0045), subject to the following:
EXHIBIT A: Planned Development Overlay Zone #27 text amendments
SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance
be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth
in this Ordinance.
SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code
or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring before this
Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero
Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such
previous Atascadero Municipal Code provision or other City Ordinance to remain in full force
and effect for all purposes.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
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make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
INTRODUCED at a regular meeting of the City Council held on July 9, 2024, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of
California, on August 13, 2024.
CITY OF ATASCADERO:
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Dave Fleishman, City Attorney
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§ 9-3.672 Establishment of Planned Development Overlay Zone No. 27: (PD27).
Planned Development Overlay Zone No. 27 is established as shown on the Official Zoning Maps
(Section 9-1.102). A Planned Development Overlay Zone No. 27 is established on parcel APN 029-
271-001 with a combined gross acreage of 1.71 acres. The maximum residential density within the
planned development shall not exceed 31 residential units. The development standards contained
within the master plan of development, as conditioned, shall be applied to all future development
within the project area, and as follows:
(a) All site development shall require the approval of a master plan of development. All
construction and development shall conform to the approved master plan of development,
as conditioned.
(b) The Vesting Tentative Tract Map (TR 3141) and any subsequent amendments for the site
shall be consistent with the approved master plan of development. All construction and
development shall conform to the approved master plan of development, as conditioned.
(c) No subsequent tentative parcel or tract map shall be approved unless found to be
consistent with the approved master plan of development.
(d) The commercial area, residential dwelling units, landscaping, walls and fencing shall be
subject to review under the City's Appearance Review requirements consistent with the
approved master plan of development.
(e) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified
within the approved master plan of development.
(f) All landscaping shown on the approved landscape plan will be installed by the developer
and shall be maintained as approved.
(g) All utilities, including electric, telephone and cable, along the frontage of, and within the
PD and along the project frontages shall be installed and/or relocated underground.
(h) The property will retain the Commercial Retail zoning district designation. The following
allowable uses are proposed for this district within the PD-27 overlay zone for the live/work
spaces and community building:
(1) General Retail;
(2) Temporary or seasonal sales;
(3) Financial services;
(4) Offices;
(5) Temporary offices;
(6) Personal services;
(7) Membership organizations;
(8) Business support services, where all areas of use are located within a building;
(9) Libraries and museums;
(10) Temporary events;
(11) Tasting room;
(12) Artisan foods and products;
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(13) Day Care - Small family day care home;
(14) Research and development;
(15) Printing and publishing.
(i) The conditional uses will be as follows:
(1) Public assembly and entertainment;
(2) Microbrewery/brewpub;
(3) Schools—business and vocational;
(4) Schools.
(j) No open parking spaces shall be reserved for any commercial or residential tenant with
the exception of the tandem spaces.
(k) The common lot shall be maintained as a common use parcel for all residential tenants.
No fencing or other barrier shall be constructed which hinders pedestrian access to each
residential lot or which limits the ability for a residential owner to provide basic utility
services to their property.
(l) All trees shown to be protected on the approved master plan of development shall be
maintained. Any future tree removal shall require approval per the requirements set forth in
the Atascadero Native Tree Ordinance.
Page 34 of 77
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A6
Department: Public Works
Date: 8/13/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: NICK DE BAR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
PREPARED BY: RYAN HAYES, DEPUTY DIRECTOR OF PUBLIC WORKS
SUBJECT: Water Recycling Funding Program Planning Grant Resolution
RECOMMENDATION:
Council adopt Drafl Resolution authorizing the City Manager to submit a grant application to the
State Water Resources Control Board for the Water Recycling Funding Program Planning Grant
(WRFP Grant).
DISCUSSION:
BACKGROUND
The City is in the early design development stages to major improvements and modifications to
the Wastewater Treatment Plant (WWTP). These improvements are required to comply with
new regulatory requirements and discharge limitations for the plant, and to increase treatment
capacity to accommodate future growth in the City and expansion of the wastewater collection
system.
The new regulatory requirements were adopted on September 25, 2020, by the Central Coast
Regional Water Quality Control Board (RWQCB) as the General Waste Discharge Requirements
(WDR) Order No. R3-2020-0020 for Discharges from Domestic Wastewater Systems with Flows
Greater than 100,000 Gallons per Day (WDR General Permit). The City applied for enrollment in
the new General Permit in December 2021 and became formally enrolled in the new permit on
June 6, 2023. The General Permit adopts stringent eftfuent discharge requirements for
discharge of treated eftfuent to land and requires the City to either meet the new eftfuent limits
withing 24 months of enrollment or submit a plan to become compliant with the new eftfuent
limits, also known as a Time Schedule Compliance Plan (TSCP).
The City’s consultant, WSC, was hired in late 2020 to prepare an Alternatives Analysis that
looked at various options and strategies to meet the new permit requirements and presented
these findings at the August 8, 2023 City Council meeting. The secondary treatment process of
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removing nitrogen and organics from the waste stream will involve replacing the existing
secondary treatment process of stabilization ponds with a more robust mechanical process for
reducing organics in the wastewater influent. In addition, tertiary treatment (or “polishing”) to
remove non-organics including Total Dissolved Solids (TDS), Chloride, Sodium, and Sulfate may
be needed to meet new discharge limitations.
A TSCP was prepared by WSC in close coordination with City staff and submitted to the RWQCB
in June 2024. The TSCP incorporates many of the strategies included in the 2023 Alterative
Analysis Report. One of the key strategies for compliance with reducing salt loading in the
Atascadero Basin involves evaluating the feasibility of a recycled water program.
RECYCLED WATER PROGRAM
Since the City is limited with regard to distribution of recycled water within the Atascadero
Mutual Water Company (AMWC) service area, there are significant opportunities to utilize
recycled water for irrigation purposes at a number of City, County and State-owned properties.
Use of recycled water offers a number of potential benefits to the City, including:
1. Reduction in Waste Discharge Requirements for salts. The Central Coast Water Board
staff have previously stated that effluent discharge requirements for salts may be eased
if effluent is primarily reused as recycled water. This warrants further discussions with
the Central Coast Water Board to reduce uncertainty regarding this potential investment
by the City but is likely a key component of our negotiations with the RWQCB regarding
salts.
2. Reduction of effluent storage needs. The City’s WRF is currently facing a challenge with
accommodating its effluent in the existing percolation ponds, which are nearing capacity
during wet weather. A recycled water system would reduce the amount of treated
effluent that requires disposal to the percolation ponds.
3. Offsetting costs of the Water Recovery Facility upgrades. Funding for potable water
reuse infrastructure and revenue from selling recycled water would offset a small
portion of the construction and operational costs of the secondary treatment upgrades
for the Water Reclamation Facility.
4. Optimized potable water use. According to the 2016 City of Atascadero Water
Reclamation Facility Master Plan Update (2016 Master Plan), the AMWC cannot meet
customer demand, necessitating an additional water source. Recycled water use would
reduce the requirement for potable water within the City by offsetting demands that can
be met with recycled water such as park irrigation.
5. Strengthened partnerships. There is a potential opportunity to enhance partnership
with ASH by supplying ASH with recycled water helping them to contribute to the State
of California’s recycled water goals. A study will help us formalize the water recycling
associated with the golf course.
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The State Water Resources Control Board provides grant funding for recycled water feasibility
studies and planning grants. The Water Recycling Funding Program Planning Grant (WRFP
Grant) funds cover 50% of eligible planning costs with a maximum grant of $150,000, although
due to funding limitations, most grants are approximately $75,000. One requirement for the
WRFP Grant application is formal authorization, by the agency governing board, for agency staff
to sign and file the WRFP Grant application. Applying for this grant is important to enable the
City to leverage State grant funds to conduct a recycled water feasibility study which will likely
be a key component of the overall compliance strategy.
ALTERNATIVES TO THE STAFF RECOMMENDATION:
Council may choose not to approve submittal of the WRFP Grant application, but staff does not
recommend this alternative since the potential use of recycled water is a key component in the
City’s strategy to comply with the salt reduction mandate of the WDR General Permit.
FISCAL IMPACT:
There is no additional fiscal impact beyond previously authorized expenditures associated with
approval of staff recommendation.
REVIEWED BY OTHERS:
This item has been reviewed by the Administrative Services Director.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT(S):
1. WRF Water Recycling Funding Program Planning Grant Authorizing Resolution
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DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING APPLICATION FOR
AND EXECUTION OF A RECYCLED WATER PLANNING GRANT
AGREEMENT WITH THE STATE WATER RESOURCES CONTROL
BOARD FOR THE WATER RECLAMATION FACILITY PROJECT
WHEREAS, the City of Atascadero (“City”) is nearing the treatment capacity of the
existing Wastewater Reclamation Facility; and
WHEREAS, preliminary design work is in progress for a replacement City Wastewater
Reclamation Facility; and
WHEREAS, use of recycled water within the City would contribute to the ability to
construct a cost effective Wastewater Reclamation Facility and benefit the overall groundwater
basin through offsetting or augmenting fresh/potable water use; and
WHEREAS, it is expected that treatment and use of recycled water will be an important
component of the overall disposal strategy for the new Wastewater Reclamation Facility; and
WHEREAS, funding is available for recycled water planning efforts through the Water
Recycling Funding Program Planning Grant, administered by the State Water Resources Control
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ATASCADERO:
SECTION 1. The City Manager (the “Authorized Representative”) or designee is hereby
authorized and directed to sign and file, for and on behalf of the City, a Financial Assistance
Application for a grant agreement with the State Water Resources Control Board for the planning,
design, and construction of the Wastewater Reclamation Facility Retrofit and Secondary
Treatment Improvements Project (the “Project”)
SECTION 2. The Authorized Representative, or his designee, is designated to provide the
assurances, certifications, and commitments required for the financial assistance application,
including executing a financial assistance agreement from the State Water Resources Control
Board and any amendments or changes thereto.
SECTION 3. The Authorized Representative, or his designee, is designated to represent
the City in carrying out the City’s responsibilities under the grant agreement, including certifying
disbursement requests on behalf of the City and compliance with applicable state and federal laws.
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PASSED AND ADOPTED at a regular scheduled meeting of the City Council held on the
13th day of August, 2024.
On motion by Council Member ________ and seconded by Council Member ________, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO:
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
Page 39 of 77
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item B1
Department: Fire
Date: 8/13/24
Placement: Public Hearing
TO: JAMES R. LEWIS, CITY MANAGER
FROM: CASEY BRYSON, FIRE CHIEF
PREPARED BY: CASEY BRYSON, FIRE CHIEF
SUBJECT: Confirming Cost of Weed / Vegetative Growth Abatement
RECOMMENDATION:
Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or
refuse (rubbish) abatement.
DISCUSSION:
On April 9, 2024, Council adopted Resolution No. 2024-006, declaring vegetative growth and/or
refuse a public nuisance, and authorizing the Fire Chief to proceed with the abatement process.
On April 24, 2024, notices were mailed to property owners, informing them of the City’s
abatement requirements.
A total of 23 parcels were abated by the City this year. Our goal is to have zero parcels needing
the City’s mowing services. A review of the table below shows the results of our efforts over the
last five years:
Year Number of Parcels
Abated by the City
2020 21
2021 53
2022 39
2023 24
2024 23
The initial weed inspection was conducted in the month of March and the list of parcels
determined to be an existing, future or “potential” hazard was posted in the City Clerk’s Office
and at Atascadero Fire & Emergency Services, Fire Station 1. On May 14, 2024, a public hearing
was held to hear objections to the vegetative growth and refuse abatement. A final inspection
r*jyiiM-tli rV"i^JASCADE^O
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was conducted in June and an itemized list of those properties with abatement assessments were
posted with the City Clerk and at Fire Station 1 on July 30, 2024.
FISCAL IMPACT:
The City will receive approximately $93,840.14 from the 2024/2025 property tax rolls in weed
abatement/refuse abatement assessments.
REVIEWED BY OTHERS:
This item has been reviewed by the Administrative Services Director.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENTS:
1. Draft Resolution
2. Abatement Assessments County Tax Roll 24/25
Page 41 of 77
8/13/24 | Item B1 | Attachment 1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, CONFIRMING THE COST OF
VEGETATIVE GROWTH/REFUSE ABATEMENT
WHEREAS, the Government Code of the State of California, Section 39501, et seq.,
provides that cities may declare vegetative growth (weeds) and refuse (rubbish) a public nuisance
for the purpose of vegetative growth (weeds) and refuse (rubbish) abatement; and
WHEREAS, on April 9, 2024, the City declared as nuisances vegetative growth (weeds)
and refuse (rubbish) within the City; and
WHEREAS, Atascadero Fire & Emergency Services did abate said nuisances within the
provisions of the Government Code, Section 39501, et seq.; and
WHEREAS, the cost of the work of abatement, plus the administrative fee, as shown on
the Preliminary Special Tax Listing for 2024/2025 Tax Roll was submitted in accordance with
Government Code Section 39574; and
WHEREAS, the Council of the City of Atascadero received the cost report and held a
hearing to receive objections of any property owners liable to be assessed for the work of
abatement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero
SECTION 1. The report of abatement costs, attached hereto, is confirmed as presented,
and the charges therein are hereby incorporated by reference.
SECTION 2. The costs of abatement constitute a special assessment against the described
parcels and shall be a lien on the property in accordance with Government Code Section 39577.
SECTION 3. The City Clerk is hereby directed to transmit to the proper officials of the
County, a certified copy of this Resolution and the report for filing and placement on the property
tax rolls.
On motion by Council Member _______________________ and seconded by Council
Member ________________________, the foregoing Resolution is hereby adopted in its entirety on
the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
Page 42 of 77
Abatement
Date APN Contractor
Cost
Admin
Fee
Total Cost of
Abatement
County
Fee
Total
Assessed
Book 29
7/22/2024 029-222-018 $ 1,912.00 $ 3,455.92 $ 5,367.92 $ 2.00 $ 5,369.92
Total (Book 29) $ 1,912.00 $ 3,455.92 $ 5,367.92 $ 2.00 $ 5,369.92
Book 30
6/28/2024 030-031-012 1,912.00$ $ 3,455.92 $ 5,367.92 $ 2.00 $ 5,369.92
7/25/2024 030-261-019 1,434.00$ $ 2,662.44 $ 4,096.44 $ 2.00 $ 4,098.44
7/26/2024 030-292-010 239.00$ $ 678.74 $ 917.74 $ 2.00 $ 919.74
6/24/2024 030-491-021 2,987.50$ $ 5,241.26 $ 8,228.76 $ 2.00 $ 8,230.76
6/24/2024 030-491-023 836.50$ $ 1,670.60 $ 2,507.10 $ 2.00 $ 2,509.10
Total (Book 30)7,409.00$ 13,708.96$ 21,117.96$ 10.00$ 21,127.96$
Book 31
7/9/2024 031-114-001 478.00$ $ 1,075.48 $ 1,553.48 $ 2.00 $ 1,555.48
Total (Book 31)478.00$ 1,075.48$ 1,553.48$ 2.00$ 1,555.48$
Book 45
6/12/2024 045-302-006 4,421.50$ $ 7,621.70 $ 12,043.20 $ 2.00 $ 12,045.20
Total (Book 45)4,421.50$ 7,621.70$ 12,043.20$ 2.00$ 12,045.20$
Book 49
6/17/2024 049-133-031 1,553.50$ $ 2,860.82 $ 4,414.32 $ 2.00 $ 4,416.32
6/27/2024 049-163-056 956.00$ $ 1,868.96 $ 2,824.96 $ 2.00 $ 2,826.96
Total (Book 49)2,509.50$ 4,729.78$ 7,239.28$ 4.00$ 7,243.28$
Book 50
6/19/2024 050-081-001 1,912.00$ $ 3,455.92 $ 5,367.92 $ 2.00 $ 5,369.92
7/26/2024 050-121-017 119.50$ $ 480.38 $ 599.88 $ 2.00 $ 601.88
7/29/2024 050-151-019 1,897.86$ $ 3,432.46 $ 5,330.32 $ 2.00 $ 5,332.32
7/26/2024 050-211-001 119.50$ $ 480.38 $ 599.88 $ 2.00 $ 601.88
Total (Book 50)4,048.86$ 7,849.14$ 11,898.00$ 8.00$ 11,906.00$
Book 54
7/8/2024 054-132-071 1,912.00$ 3,455.92$ 5,367.92$ 2.00$ 5,369.92$
7/16/2024 054-331-005 1,912.00$ 3,455.92$ 5,367.92$ $ 2.00 5,369.92$
Total (Book 54)3,824.00$ 6,911.84$ 10,735.84$ 4.00$ 10,739.84$
Book 55
6/20/2024 055-141-003 1,792.50$ $ 3,257.56 $ 5,050.06 $ 2.00 $ 5,052.06
7/16/2024 055-161-020 1,075.50$ $ 2,067.34 $ 3,142.84 $ 2.00 $ 3,144.84
7/15/2024 055-181-022 239.00$ $ 678.74 $ 917.74 $ 2.00 $ 919.74
7/15/2024 055-191-003 1,673.00$ $ 3,059.18 $ 4,732.18 $ 2.00 $ 4,734.18
7/23/2024 055-231-005 2,381.50$ $ 4,235.30 $ 6,616.80 $ 2.00 $ 6,618.80
8/6/2024 055-311-021 597.50$ $ 1,273.86 $ 1,871.36 $ 2.00 $ 1,873.36
Total (Book 55)7,759.00$ 14,571.98$ 22,330.98$ 12.00$ 22,342.98$
Book 56
7/24/2024 056-162-016 478.00$ 1,075.48$ 1,553.48$ 2.00$ 1,555.48$
Total (Book 56)478.00$ 1,075.48$ 1,553.48$ 2.00$ 1,555.48$
Grand Total $32,839.86 $93,886.14$46.00$93,840.14$61,000.28
8/13/24 | Item B1 | Attachment 1A
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CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item C1
Department: Police
Date: 8/13/24
Placement: Management
Report
TO: JAMES R. LEWIS, CITY MANAGER
FROM: DAN SUTTLES, CHIEF OF POLICE
PREPARED BY: DAN SUTTLES, CHIEF OF POLICE
SUBJECT: Community Cleanliness Update
RECOMMENDATIONS:
Council:
1. Introduce, for first reading by title only, Draft Ordinance entitled, “An Ordinance of the
City Council of the City of Atascadero, California, Adding Title 5, Chapter 17 Regulating
Shopping Carts”, to reduce the number of abandoned shopping carts in public spaces,
enhancing the community’s safety and aesthetics.
2. Pursue a graffiti abatement program on a trial basis for private property that relies on
donations from paint suppliers and labor from service clubs to abate graffiti.
REPORT IN BRIEF:
Community cleanliness is providing a clean, safe, and healthy community and ensuring that the
City remains a beautiful place to live, work and visit. Community cleanliness is paramount to
supporting community vibrancy, ensuring economic sustainability, promoting downtown
vibrancy, expanding commercial activities and enhancing quality of life. In order to promote
and sustain community cleanliness efforts in the City, following Council direction, staff is
requesting consideration on the introduction of a draft Shopping Cart Ordinance and possible
enhancements to or expansion of the existing Graffiti Abatement codes.
DISCUSSION:
Maintaining community cleanliness is a cornerstone of the City Council's strategic priorities,
aimed at fostering a vibrant and flourishing community. This focus on cleanliness directly
impacts the health and safety of the City’s residents, creating an environment where everyone
can thrive. Abandoned shopping carts, much like graffiti, detract from the visual appeal of the
City’s neighborhoods and poses safety hazards. Shopping carts also provide a vehicle for
homeless persons to accumulate debris and other items that can create health and safety
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issues and unsightly conditions. These nuisances undermine the City’s efforts to build a strong
economic climate, create a place visitors enjoy and cultivate a community where residents feel
safe.
As the City Council continues to prioritize initiatives that enhance community vibrancy, it is
essential to address issues that negatively affect the aesthetic and functional quality of the
City’s public spaces. By implementing an ordinance regulating the containment and retrieval of
shopping carts, the City will take a significant step towards reducing the prevalence of these
abandoned items. This action will complement existing efforts to combat graffiti and other
forms of urban blight, reinforcing the City’s commitment to a clean, safe, and thriving
Atascadero. Additionally, this action is consistent with the City Council’s goals and direction.
Shopping Cart Ordinance
Shopping carts are essential tools for retail establishments, providing convenience to customers.
However, when these carts are removed from the premises and abandoned in public spaces,
they become a public nuisance, obstructing sidewalks, streets, and other public areas.
Additionally, the carts allow the unhoused population to accumulate things that create litter and
unsightly accumulations of refuse. This not only detracts from the City's visual appeal but also
poses safety hazards.
During the May 14, 2024, regular City Council meeting, the Council directed staff to address the
unauthorized removal of shopping carts from retail establishments. The Council expressed a
desire for staff to explore solutions that would both regulate abandoned shopping carts and
minimize the impact on retail businesses and provided direction that the staff come back with
an ordinance regulating shopping carts in public areas.
Over the past several years, cities like Morro Bay and San Luis Obispo have implemented
shopping cart ordinances to provide additional tools to city staff to address issues related to
community cleanliness. Additionally, California Business and Professions Code Sections 22435
et seq. provides the legal framework for addressing abandoned shopping carts, outlining
penalties and requirements for retrieval.
Abandoned shopping carts contribute to visual pollution, safety hazards, and increased
municipal costs for retrieval and disposal. The City has observed a rising number of shopping
carts left in public areas, necessitating a proactive approach to mitigate this issue. The
recommended ordinance would require all retail establishments with 10 or more shopping carts
to implement a containment plan ensuring that carts do not leave the premises. Possible
containment methods include, but are not limited to, physical barriers, electronic or magnetic
systems, manual collection policies, or other acceptable measures likely to prevent shopping
cart removal from the premises or quickly realize the collection of carts taken off the premises
to avoid a public nuisance.
Retail establishments must also establish and maintain a shopping cart retrieval plan. This plan
should detail the procedures for retrieving carts found off-premises and include a response time
commitment, typically within 72 hours of being notified of an abandoned cart. In addition to
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containment and retrieval measures, the proposed ordinance will grant the city the authority to
dispose of abandoned shopping carts if they are not collected in a timely fashion by the
business that owns the carts. Retailers will be required to mark their carts with identification,
including the name of the business and a contact phone number, in accordance with California
Business and Professions Code Section 22435.1.
Following the guidelines set forth in California Business and Professions Code Section 22435.7,
penalties which may include fines and the cost of retrieval, are an enforcement option when
necessary, such as an instance of willful non-compliance or lack of good faith effort on the part
of the retail establishment. According to Section 22435.7 the City may fine the owner of a
shopping cart in an amount not to exceed fifty dollars ($50) for each occurrence in excess of
three during a specified six-month period for failure to retrieve shopping carts in accordance
with section 22435.7. An occurrence includes all shopping carts impounded in accordance with
section 22435.7 in a one-day period.
Legal Considerations
The proposed ordinance aligns with existing state laws under the California Business and
Professions Code Sections 22435 et seq., which empowers local jurisdictions to address the
issue of abandoned shopping carts. By referencing these statutes, the ordinance ensures legal
compliance and enforceability.
Graffiti Abatement and Cost Recovery
Graffiti is a public nuisance and destructive of the rights and values of property owners as well
as the entire community. Unless the City acts to remove from public and private property, the
graffiti may remain. Other property then becomes the target of graffiti, and entire
neighborhoods or districts are affected and become less desirable place in which to be, all to
the detriment of the City.
During the May 14, 2024, regular City Council meeting, the Council directed staff to explore
graffiti abatement options aimed at reducing staff hours spent on abating graffiti on public
property, collaborating with private property owners to minimize the impact of graffiti
abatement on them, and establishing an efficient cost recovery mechanism.
Graffiti Abatement
Currently, graffiti abatement is the responsibility of the property owner, and the City does not
routinely enforce removal on private property. When the presence of graffiti on private
property is brought to the City’s attention, efforts are made to contact the property owner and
seek voluntary compliance for the removal of the graffiti. On the rare occasion that it is
determined that the City must abate graffiti on private property, an on-call contractor is used at
a cost ranging from $40 to $50 per hour. Costs for materials range from $35 to $60, however,
historically materials have been donated regarding these efforts.
On public property, when Public Works staff discovers or is notified of the existence of graffiti, a
member of the Public Works Department will document and abate if minor or notify the Police
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Department for more significant graffiti for documentation into a police report, then abate.
Historically, graffiti abatement volunteers have assisted in the removal of graffiti from public
property.
Recently, staff has been in contact with organizations such as Kiwanis, Rotary, and local painters
who all enthusiastically desire to continue this service to the community. These volunteers
would be used to abate graffiti on public property such as bridges and overpasses, reducing the
amount of staff time spent on these efforts. Currently the Public Works staff spends
approximately 100 hours annually abating graffiti from public property at a fully allocated rate
of $125 per maintenance worker. Staff is recommending the City Council provide direction to
allow staff to work with painters and community non-profits to develop a volunteer abatement
program for private property that does not comply with the removal of graffiti in a timely
manner.
Cost Recovery
The City will continue to work with private property owners to abate graffiti that occurs on their
property, however, when the City does need to abate the graffiti there is a cost associated with
that effort. Under the staff recommendation, staff will primarily rely on community groups who
volunteer to abate graffiti. This will be the primary focus. In rare instances where a nonprofit
group or a private property owner can’t address the graffiti, the City may rely on the property
assessment process as outlined in the AMC (Title 5, Chapter 14, Section 107). While this process
may be cumbersome, time-consuming, and can delay cost recovery, it is a legal option of last
resort. It will be the City’s practice to work with the property owner first, then community
organizations before any public abatement or cost recovery would be performed. Should this
process not work, staff will return to the Council for further direction.
ALTERNATIVES TO THE STAFF RECOMMENDATION:
1. Council may decide not to introduce the draft ordinance, request staff revise the draft
ordinance, and/or request staff to conduct further analysis of the draft ordinance prior
to introduction.
2. Council may direct staff to draft an amendment to the Graffiti Abatement ordinance
and/or request further analysis of options presented.
FISCAL IMPACT:
There is an unknown fiscal impact associated with the Shopping Cart Ordinance and Graffiti
Abatement.
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REVIEWED BY OTHERS:
This item has been reviewed by the Administrative Services Director and the Deputy City
Manager.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT:
Draft Ordinance
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DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, ADDING TITLE 5, CHAPTER 17
REGULATING SHOPPING CARTS
WHEREAS, the City has a substantial interest in promoting the public health, safety and
welfare of its residents, visitors and businesses, and the aesthetic qualities of the City; and
WHEREAS, abandoned or unattended shopping carts off the premises of retail
establishments can interfere with pedestrian and vehicle traffic and the use of public streets,
sidewalks, public areas, and public rights-of-way, can constitute a hazard to streams, riparian areas
and other natural areas, and contribute substantially to litter, clutter and visual blight; and
WHEREAS, the purpose of this ordinance is to promote the public health, safety and
welfare, and the aesthetic qualities of the City by regulating and prohibiting the removal of
shopping carts from the premises of retail establishments, including designated parking areas,
without the authorization or consent of the cart’s owner, and to regulate the retrieval and
disposition of abandoned or unattended shopping carts that are found off the premises of retail
establishments so as to:
1. Provide for pedestrian and vehicle safety;
2. Ensure that the flow of pedestrian or vehicle traffic, including ingress into or egress from
any residence, place of business, street, sidewalk, public area, public right-of-way, or any
legally parked or stopped vehicle, is not unreasonably interfered with;
3. Help protect streams, creeks, riparian areas, and other natural areas within the City;
4. Reduce litter, clutter, and visual blight associated with abandoned or unattended
shopping carts;
5. Divert cart waste from the landfill; and
6. Balance the rights and interests of those engaged in commercial activities that provide
shopping carts for use by customers with the rights and interests of those who do not want
to be disturbed by abandoned or unattended shopping carts on private and public property.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. Findings. The Council hereby finds and declares the following:
A. The above recitals are true and correct and are incorporated herein by reference.
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B. The presence of abandoned or unattended carts, or parts thereof, on private or public
property creates a condition tending to reduce the value of private property, creates blight
and deterioration, interfere with pedestrian and vehicular traffic, is injurious to health,
safety, and general welfare, and contributes to landfill waste. The presence of abandoned
or unattended carts, or parts thereof, on private or public property, except as expressly
hereinafter permitted, is declared a public nuisance which may be abated as such in
accordance with the provision of this chapter.
SECTION 2. Approval. The City Council of the City of Atascadero adopts the proposed
text amendments to Atascadero Municipal Code, as shown in the following exhibit:
EXHIBIT A: Title 5 Amendments
SECTION 3. CEQA. Because of the facts set forth in Section 1, the proposed text
amendment is exempt from further environmental review under the California Environmental
Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14
California Code of Regulations §§ 15000, et seq.) because it can be seen with certainty that there
is no possibility that the enactment of this Ordinance would have a significant effect on the
environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(5), 15061(b)(3).
SECTION 4. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance
be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth
in this Ordinance.
SECTION 5. Preservation. Repealing of any provision of the Atascadero Municipal Code
or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring before this
Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 6. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero
Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such
previous Atascadero Municipal Code provision or other City Ordinance to remain in full force
and effect for all purposes.
SECTION 7. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 8. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
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SECTION 9. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
INTRODUCED at a regular meeting of the City Council held on August 13, 2024, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of
California, on ________________, 2024.
CITY OF ATASCADERO:
____________________________________
Heather Moreno, Mayor
ATTEST:
_____________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Dave Fleishman, City Attorney
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Exhibit “A”
Title 5 Amendments
Title 5, Chapter 17
5-17.010 Authority and purpose.
This chapter is adopted pursuant to Business and Professions Code Sections 22435 through 22435.8
and the city’s general police powers for the purpose of regulating and prohibiting the removal of shopping
carts from the premises of retail establishments, including designated parking areas, without the
authorization or consent of the shopping cart’s owner, and to regulate the retrieval and disposition of
abandoned or unattended shopping carts that are found off the premises of retail establishments.
5-17.020 Applicability.
This chapter applies to all businesses located in the city that provide shopping carts for customer
use and to all shopping carts on and off the premises of businesses within the city.
5-17.030 Administration.
The director is authorized to administer this chapter which includes, without limitation, the ability
to promulgate administrative policies and procedures to interpret, implement and enforce this chapter.
5-17.040 Definitions.
“Abandoned or unattended shopping cart” means any shopping cart which is left unattended,
discarded or abandoned upon any public property other than the premises from which the shopping cart
was removed, without the authorization or consent of the cart’s owner.
“Abandoned shopping cart prevention and retrieval plan” shall mean a document required to be
submitted by the responsible business owner, pursuant to this chapter.
“Agent” means the person or persons designated by the owner of a shopping cart authorized to
perform or provide retrieval services on behalf of the owner. The agent may be the owner, store manager,
employee or a private cart retrieval company.
“Director” shall mean the assistant city manager, police chief, director of public works, or director
of community development for the city, or such other director as designated by the city manager to
administer the appropriate sections of this chapter.
“Occurrence” means the retrieval or impoundment by the city pursuant to this chapter of all
shopping carts of an owner in a one-day period.
“Owner” means a person who owns or provides shopping carts for use by customers in connection
with the operation of a business. “Person” includes, without limitation, individuals, corporations,
partnerships, and all other legal entities, and officers, employees, and authorized agents of an owner.
“Premises” means the entire area owned and utilized by a retail establishment that provides
shopping carts for use by customers, including any parking lot or other off-street area provided by an
owner, or shared with other retail establishments, for use by customers for parking automobiles or other
vehicles.
“Public property” means the outdoor common area of any building, business premises, apartment
building or complex, or other premises or portion thereof which is adjacent to public property, open to the
public, and which contains a shopping cart or shopping carts visible at street or ground level from the
adjacent public property.
“Retail establishment,” with regard to shopping carts, means any business located in the city of
Atascadero which offers or provides shopping carts for the use by customers of such business regardless
of whether such business is advertised or operated as a retail or wholesale business, and regardless of
whether such business is open to the general public, is a private club or business, or is a membership store.
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“Shopping cart” means a basket mounted on wheels or a similar device generally used by a
customer for the purpose of transporting goods of any kind within a retail establishment or designated
parking or loading area of that business establishment.
5-17.050 Required signs and identification.
A. Cart Identification and Removal Warning Signs Required. Pursuant to Section 22435.1 of the
Business and Professions Code, every shopping cart owned or provided by an owner shall have a sign
permanently affixed to the shopping cart that includes the following information:
1. The owner’s name, business address and phone number.
2. Notice of the procedure to be utilized for authorized removal of the shopping cart from the
premises.
3. Notice that unauthorized removal of the shopping cart from the premises or parking area of a
retail establishment, or the unauthorized possession of the shopping cart, is a violation of state law and
this chapter.
5-17.060 Prohibitions.
A. Unauthorized Removal Unlawful. It shall be unlawful for any person, either temporarily or
permanently, to remove a shopping cart from a business premises or be in possession of a shopping cart
with a permanently affixed sign as provided in Section 5-17.050, that has been removed from a premises
without written consent of the owner authorized by this chapter or for the purpose of repair, maintenance,
or disposal authorized by this chapter. An owner may permit customer off-premises use of a shopping cart
for transportation of purchased items. The authorization must be in writing with date(s) and time(s) of
authorized use. Any shopping cart taken off premises must be returned to the owner’s premises within
seventy-two hours.
B. Abandonment Prohibited. It shall be unlawful and a public nuisance for any person to cause or
permit any shopping cart to be abandoned or remain unattended on or upon any sidewalk, street, alley or
other public area, other than the premises of the owner of such shopping cart.
5-17.070 Cart containment and retrieval by owners.
A. Mandatory Secure Containment of Shopping Carts After Hours. Every shopping cart owner
must lock or otherwise securely contain all shopping carts of the owner after business hours in a manner
that prevents theft or removal from the premises. All shopping carts located on the premises of a retail
establishment, other than an establishment open for business twenty-four hours per day, must be collected
at the end of each business day by the owner, employees, or authorized agents of the retail establishment
and be collectively confined in a secured manner in a designated cart confinement area on the premises
until the commencement of the next business day.
B. Twenty-four Hour Operation. All shopping carts located on the premises of any retail
establishment open for business twenty-four hours per day, other than carts then currently in use by a
customer, must be collected by the owner, employees, or authorized agents of the retail establishment and
returned to a designated cart confinement area on the premises at least twice per calendar day between the
hours of 12:00 p.m. (noon) and 12:00 a.m. (midnight) on each day the retail establishment is open for
business. This section does not apply to:
1. Shopping carts located within an enclosed building.
2. Shopping carts removed from the premises of a retail establishment for purposes of repair or
maintenance that are in the possession or custody of the party to whom removal has been authorized in
writing by the shopping cart owner.
3. Shopping carts being transported by the owner, or an officer, employee, or authorized agent of
the owner, to or from a business location of the owner.
C. Mandatory Retrieval of Carts. All abandoned shopping carts of a retail establishment that are
found off the premises of the retail establishment must be retrieved as soon as practicable by the owner,
or an authorized agent of the owner, including a cart retrieval service retained by the owner. The city shall
notify the owner of an abandoned shopping cart when such shopping cart is located in a place that can be
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accessed safely by the owner. Such notice may be given by telephone, email or text message to the owner
or owner’s agent designated in the abandoned shopping cart prevention and retrieval plan, if an approved
plan is in place, and shall include the cart’s location. Within three business days from the date the owner
of the cart is provided with notice by the city that an abandoned shopping cart of the owner has been
located, the owner or agent shall cause the identified shopping cart(s) to be retrieved.
D. Retrieval Services. Persons retained to perform shopping cart retrieval services must carry
written authorization from the owner to be presented upon request by the director or designee. Vehicles
used by retrieval services must bear conspicuous signs identifying the name of the cart retrieval service.
5-17.080 Impoundment and retrieval of abandoned shopping carts.
A. The director or designee may immediately retrieve and impound any shopping cart, in
accordance with the provisions outlined in Business and Professions Code Section 22435.7.
B. Impoundment Following Three-Day Notice. A shopping cart that has a sign affixed to it in
accordance with the provisions of this chapter and Business and Professions Code Section 22435.1 may
be impounded by the city provided both of the following conditions are met:
1. The shopping cart is located outside the premises or parking area of the owner’s retail
establishment; and
2. Except as provided in subsection C of this section, the shopping cart is not retrieved within
three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice
from the city of the shopping cart’s discovery and location.
C. Impoundment Without Three-Day Notice.
1. The city may retrieve and impound any abandoned shopping cart without first giving three
days’ notice provided:
a. The director or designee provides actual notice to the owner, or his or her agent, of the
impoundment of the shopping cart within twenty-four hours following the impound;
b. The notice informs the owner, or his or her agent, of the location where the shopping cart may
be claimed;
c. Any shopping cart reclaimed by the owner, or his or her agent, within three business days after
the date of actual notice to the owner, or his or her agent, of the impound, must be released and surrendered
to the owner, or his or her agent, at no charge, including the waiver of any impound and storage fees or
fines which otherwise would be applicable; and
d. The shopping cart is held at a location that is both:
i. Reasonably convenient to the owner of the shopping cart; and
ii. Open for business at least six hours of each business day.
D. Immediate Retrieval and Impoundment by City for Impeding Emergency Services. The director
or designee may immediately retrieve and impound any shopping cart from public or private property if
the location of the shopping cart impedes emergency services.
E. Any cart reclaimed by the owner or their agent within three business days from the date the
owner of the shopping cart, or their agent, is given actual notice by the city of the shopping cart’s discovery
and location, or impoundment, shall not be deemed an occurrence for purposes of this chapter.
F. The owner of any shopping cart that is not reclaimed within three business days after the date
the owner has been given actual notice by the city of the shopping cart’s discovery and location, or
impoundment, is subject to prosecution or the imposition of administrative costs, fees, fines, interest and
other penalties applicable under this chapter commencing four business days after the date of notice.
5-17.090 Abandoned shopping cart prevention and retrieval plan.
A. Abandoned Shopping Cart Prevention and Retrieval Plan Required. Every owner who
provides or intends to provide ten or more shopping carts for use by customers shall develop, implement
and comply with the terms and conditions of an approved abandoned shopping cart prevention and retrieval
plan to prevent the unauthorized removal of shopping carts from a premises and, if removed, to retrieve
the shopping cart within three business days after knowing of the cart’s removal from the premises or after
receiving notice from the city that the shopping cart has been abandoned. Owners of shopping carts who
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provide less than ten carts can self-certify and are not required to submit an abandoned shopping cart
prevention and retrieval plan.
To be effective, an abandoned shopping cart prevention and retrieval plan must be approved by the
director. To be eligible for approval, an abandoned shopping cart prevention and retrieval plan shall
include the following elements:
1. Name. The name of the owner and the business name, the physical address where the business
is conducted, name, address and phone number(s) of the on-site and off-site owner, if different.
2. Inventory of Carts. A complete list of all shopping carts maintained on or in the premises.
3. Community Outreach. A description of a community outreach process under which the owner
shall cause notice to be provided to customers that the removal of shopping carts from the premises is
prohibited and is a violation of state and city ordinance. This notice may include, but is not limited to,
flyers distributed at the premises, warnings on shopping bags, signs posted in prominent places near door
and parking lot exits, direct mail, announcements using intercom systems at the premises, website or other
means demonstrated to be effective to the reasonable satisfaction of the director.
4. Cart Identification. Signs and shopping cart identification requirements which conform to state
law. Owners shall attach an example of the proposed shopping cart ownership identification sign which
shall conform to California Business and Professions Code Section 22345.1.
5. Languages. The information required above must be provided in English and Spanish and in
such other language(s) the director may reasonably require.
6. Loss Prevention Measures. A description of the specific measures that the owner shall
implement to prevent shopping cart removal from the owner’s premises. These measures may include, but
are not limited to, electronic or other disabling devices on the shopping carts so they cannot be removed
from the premises, effective management practices, use of courtesy clerks to accompany customers and
return the shopping carts to the store, use of security personnel to prevent removal, security deposit for use
of shopping cart, or other demonstrable measures acceptable to the director that are likely to prevent
shopping cart removal from the premises. Cart owners shall conduct regular maintenance to ensure
disabling devices and/or security deposit systems are working properly. If at any time, a cart owner
determines the disabling device installed on a cart is not working properly, the cart shall be pulled from
circulation until it is repaired. The cart owner shall inspect, test, and repair all abandoned carts returned to
the owner prior to making the returned carts available for use.
7. Employee Training. A description of an ongoing employee training program that shall be
implemented by the owner and that shall be designed to educate new and existing employees on the
abandoned shopping cart prevention plan and conditions contained therein at least annually.
8. Mandatory Cart Retrieval. A plan for retrieval of abandoned shopping carts by the owner within
three business days after knowing of a cart’s removal from the owner’s premises or after receiving notice
from the city that the shopping cart has been abandoned.
B. Failure to Submit Plan. The plan must be submitted to the city within sixty days after the
ordinance that implements this chapter becomes effective or alternatively, if a business opens after the
date the ordinance that implements this chapter becomes effective, then within thirty days after a business
that uses carts commences operations. Any owner who fails to provide the abandoned shopping cart
prevention and retrieval plan to the city as required by this chapter shall be required to pay the city one
hundred dollars for each calendar month the plan is not provided, as a penalty for not complying with this
section.
5-17.100 Recovery of fines and costs by city.
A. Pursuant to Business and Professions Code Section 22435.7(f), any owner that fails to retrieve
the owner’s shopping cart or shopping carts within three business days from the date of being given notice
of the cart’s or carts’ discovery and location, or impoundment, by the city, is guilty of a violation of this
chapter and may be punished with an administrative fine of fifty dollars for each occurrence in excess of
three during the six-month period starting January 1st and ending on June 30th or the six-month period
starting July 1st and ending December 31st of each calendar year.
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B. In addition to the fines imposed above, the owner shall pay the city’s actual costs for retrieving
and storing the owner’s shopping cart or carts except when the owner, or their authorized agent, reclaims
their cart or carts within three business days from being given notice of the cart’s or carts’ discovery and
location, or impoundment, by the city, in which case, all fines, costs and fees shall be waived.
5-17.110 Disposal of abandoned shopping carts.
The city may sell or otherwise dispose of any shopping cart:
A. That is not reclaimed from the city within thirty days of receipt by the owner, or the owner’s
agent, of actual notice from the city of the cart’s discovery and location, or impoundment.
B. If the owner of the cart cannot be determined.
C. If the cart is mangled, destroyed or otherwise rendered unusable.
5-17.120 Violation—Penalties.
Any person who violates any provision of this chapter is guilty of an infraction and is subject to
punishment as provided in Chapter 1-3.
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CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item C2
TO: JAMES R. LEWIS, CITY MANAGER
FROM: PHIL DUNSMORE, DIRECTOR OF COMMUNITY DEVELOPMENT
PREPARED BY: LORELI CAPPEL, DEPUTY DIRECTOR OF COMMUNITY
DEVELOPMENT
SUBJECT: Centennial Plaza Proposals and Selection
RECOMMENDATIONS:
Council:
1. Select the Herrera/Weyrick Team as preferred candidate. Provide general design and project
direction on selected candidate’s proposal.
2. Direct the City Manager to work with the selected candidate on a final design, purchase
agreement, and development agreement to return to City Council for final approval.
REPORT IN BRIEF:
This report is one of the final stages for the disposition of the vacant Centennial Plaza properties
for future private development. City Council is being asked to select a candidate and project design
while providing general project direction and directing staff to continue working with the selected
candidate on a final purchase/development agreement for the properties. Staff is recommending
the City Council select the Herrera/Weyrick Team to enter into a purchase agreement for the
Centennial Plaza properties as their design more closely meets the goals and intent of Council
direction, the parameters of the approved Planned Development, and the General Plan policy for
downtown commercial development.
DISCUSSION:
Background
On September 14, 2021, the City Council held a study session to consider the future use and
disposition of the vacant lots on each side of Centennial Plaza. At the hearing, the City Council
provided direction to staff to prepare a planned development overlay zone for the parcels to help
guide future development with an emphasis on enriching the downtown and providing for quality
aesthetics and economic development. At the same time, the City Council determined that the lots
should eventually be utilized for private development that supports desired retail, restaurant, and
related active uses around Sunken Gardens Park.
Department: Community
Development
Date: 8/13/2024
Placement: Business
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The vacant lots around Centennial Plaza are extremely important sites that can provide synergy
and an example for the future development of downtown. The sites are within the Downtown
Commercial Zone, and in accordance with the General Plan, are designated for land uses such as
retail and food/beverage services with offices and residential uses on upper floors.
The following process was outlined at the September 14, 2021, City Council hearing:
1. Remove the abandoned structure from the site (completed December 2021)
2. Proceed with a Planned Development (PD) overlay zone for the sites (completed April 2022)
3. Prepare a declaration of surplus land, consistent with the Surplus Land Act (SLA) (completed
2023)
4. Develop an RFP/RFQ to invite development proposals for the sites, consistent with the
Planned Development (PD) overlay zone. (completed March 2024)
5. Review developer proposals and select a preferred candidate for the purchase and
development of the Centennial Properties (August 2024).
Planned Development Overlay Zone No. 36
PD No. 36 outlines the parameters of allowed/desired development and should be the guide for
reviewing each proposal. The PD was developed to encourage multi-story mixed-use buildings
that include restaurants and related uses on the ground floor, office and residential uses on upper
floors, with architecture that complements City Hall and other newer buildings downtown.
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The PD includes, but is not limited to the following general development standards for these
sites:
1. 45-foot maximum building height, with additional height for elevator shaft and similar
non-habitable features such as roof forms.
2. Building design may bridge plaza.
3. Designs that include brick, extensive glazing, balconies, and opportunities for outdoor
dining are strongly encouraged.
4. Glazing (windows) with at least 60% visibility into ground floor spaces
5. Each floor over the ground floor shall have 10% less floor space (this does not include
unconditioned outdoor covered patios).
6. Recessed building entries
7. Dining areas may encroach onto the plaza while maintaining a minimum path of travel of
8 feet.
Proposals
The City received several proposals during the RFQ stage and invited the Kaja Group of Goleta,
CA and the Weyrick/Herrera Group of Atascadero to move forward to the proposal stage. Both
groups submitted qualified proposals. City staff convened an internal committee comprised of
staff from Public Works, Administrative Services, Community Development, and the City
Manager’s Office. Following thorough evaluation of the proposals based upon the Planned
Development and RFP requirements, the Committee recommends that the City Council select
the Weyrick/Herrera group due to the overall consistency with the PD, General Plan policy and
the example the project sets for the desired development and land use pattern for downtown.
Evaluation Criteria
• Project Design’s consistency with the intent of the PD Overlay, including exterior
treatment, land use proposal and multi-story design that bridges plaza along with ample
outdoor dining options
• Project floor plan reflects ability to accommodate desired land uses for downtown district
(restaurant spaces)
• The quality, accuracy, and design of the project proposal
• Developer’s demonstrated experience with similar projects
• Project design includes public restroom and kitchen space on ground floor
• Financial ability to complete this project in reasonable time frame
• Monetary price offered for City property
Proposal Synopsis of the Recommended Project
Colin Weyrick is the owner of Weyrick Lumber in Templeton and is a part-owner of the North
County Restaurant Group. They have included Eddie Herrera as their local Architect and ProBuilt
of Atascadero for construction . This team has eleven restaurants operating on the Central Coast,
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and has designed mixed-use and residential projects such as Emerald Ridge in Atascadero, River
Oaks Center in Paso Robles, and Sunrise Mixed-Use Project in Santa Maria.
The design theme reflects the desired features of the PD and portrays the future of downtown
Atascadero. Two three-story buildings frame the plaza and multiple pedestrian bridges connect
the buildings, allowing only one building to require an elevator. The team has a tentative
agreement to purchase the adjacent O’Malley property to be included in the development.
Renderings and site plans are included below.
Project Statistics
• Project Cost $11,900,000 Ground floor (both buildings): 9,335 square feet, 5 tenant spaces
ranging from 1,100 SF to 3,000 SF
• Second floor (both buildings): approximately 8,000 SF divided between event space, one
residential unit, and office space
• Third floor: 7,400 SF; 5 residential units
• Total building area including outdoor on-site patios: 28,466 SF
• Exterior finishes: Brick Veneer
• Roof: Tile
• Exterior dining: Multiple off-site locations are proposed for off-site outdoor use and dining.
Applicants are proposing to utilize the former Historical Society rose garden as a potential
outdoor use area.
• Parking: Relies on 18 off-site parking spaces to support office, event space, and residential
units. Parking is proposed to be leased on the existing City Hall parking lot.
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Other Project Proposal
The Kasja group submitted the other proposal and specializes in multi-family residential and
institutional development. Their experience includes work at Santa Barbara City College, Morro
Bay High School, and Summerland Elementary. They are based in Goleta and provide their own
architectural and construction services. They are currently working on conceptual plans for two
multifamily projects in Atascadero. Their submitted project is shown below. The project was
determined to not be consistent with the Council’s vision for the parcel as it was one-story and
did not support the mix of uses desired.
Recommendation and Next Steps
Staff is recommending that the City Council select the Herrera/Weyrick group to enter into a
purchase agreement/development agreement for Centennial Properties. The City Council may
also choose to provide specific recommendations to the project team on design changes, project
timing, and overall project scope. The final purchase agreement and development agreement
will return to the City Council for final approval.
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), Section 15332, allows the exemption of minor
projects that are consistent with zoning when the proposed development occurs within city limits
on a project site of no more than five acres substantially surrounded by urban uses. The proposed
development project is consistent with existing zoning and is considered an infill project.
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ALTERNATIVES:
1. The City Council may ask the preferred developer for substantial modifications to the
development proposals.
2. The Council may ask for more information on the other project for consideration.
3. The City Council may determine that more information is needed and continue the item
to a future date.
FISCAL IMPACT
Selection of one preferred candidate will incur a cost of $7,500 to be paid to the candidate not
selected. Purchase and Development Agreements are yet to be negotiated and will be considered
by Council at a later date.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENTS:
1. PD Overlay Zoning District #36 (PC Resolution 2022-0005)
2. Centennial Development Proposals Elevations and Site Plans
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APPROVED'
MAR 1 5 2022PCRESOLUTION2022-0005
CJTY OF ATASCADEROPLANNINGPD-36 OVERLAY DISTRICT
ZONING CODE TEXT AMENDMENT
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ATASCADERO,CALIFORNIA,RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ESTABLISHING A PLANNED
DEVELOPMENT OVERLAY DISTRICT #36 CODE TEXT
5901 WEST MALL
CENTENNIAL PLAZA ZONING MAP AMENDMENTS
(ZCH22-0022)
WHEREAS,the City of Atascadero is enacting Planning Application ZCH 22-0022 to
rezone lots 12 through 17 (APN 029-347-020)to establish PD#36 overlay zone;and
WHEREAS,Article 28 of the Atascadero Municipal Code allows for the creation of
Planned Development Overlay Zones to promote orderly and harmonious development and to
enhance the opportunity to best utilize special site characteristics;and
WHEREAS,the Planning Commission has determined that it is in the best interest of the
City to add the Planned Development zone to these important downtown sites to promote the
health,safety and welfare of its citizens by applying orderly development standards while
enhancing the synergy and commerce opportunities within the prime retail district surrounding
Sunken Gardens and the creek path;and
WHEREAS,the laws and regulations relating to the preparation and public notice of
environmental documents,as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA)have been adhered to;and
WHEREAS,a timely and properly noticed Public Hearing upon the Planned
Development rezoning was held by the Planning Commission of the City of Atascadero at which
hearing evidence,oral and documentary,was admitted on behalf of said zoning text
amendments;and
WHEREAS,the Planning Commission of the City of Atascadero,at a Public Hearing
held on March 15,2022,studied and considered the proposed zone text change to establish
Planned Development Overlay Zone #36.
NOW,THEREFORE,BE IT RESOLVED that the Planning Commission of the City of
Atascadero makes the following findings,determinations and recommendations with respect to
the proposed Zoning Code Text Amendment:
SECTION 1.Recitals:The above recitals are true and correct.
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SECTION 2.Public Hearing.The Planning Commission of the City of Atascadero,in a regular
session assembled on March 15,2022,resolved to recommend that the City Council introduce for
first reading,by title only,an Ordinance that would amend the City Zoning Code Text as shown in
Exhibit A,attached hereto and incorporated herein by this reference.
SECTION 3.Facts and Findings.The Planning Commission makes the following findings,
determinations and approvals with respect to the Zone Text Amendment:
A.Findings for Approval of a Zone Text Change
FINDING:(i)The Planning and Zoning Text Change is consistent with General
Plan policies and all other applicable ordinances and policies of the City.
FACT:The proposed zone text amendments align the code requirements with the
vision,intent,and policies of the adopted General Plan.
FINDING:(ii)This Amendment of the Zoning Ordinance will provide for the
orderly and efficient use of lands where such development standards are applicable.
FACT:The proposed text amendment provides for orderly development within the
Downtown Commercial zoning district on lots 12 through 17 (APN 029-347-020)
in accordance with the adopted General Plan for the compatible use of the
properties based on neighborhood characteristics.
FINDING:(iii)The Text Change will not,in itself,result in significant
environmental impacts.
FACT:The proposed text changes are minor and do not trigger any environmental
impacts.
The proposed zoning text change is exempt from the CaliforniaSECTION4.CEOA.
Environmental Quality Act (CEQA),Public resources Code Section 21000 et seq.,because it can
be seen with certainty that there is no possibility that the enactment of this Ordinance would have
a significant effect on the environment (Pub.Resources Code §21065;CEQA Guidelines §§
15378(b)(4),15061(b)(3).
SECTION 5.Recommendation of Approval.The Planning Commission of the City of Atascadero,
in a regular session assembled on March 1,2022,resolved to recommend that the City Council
introduce,for first reading,an ordinance that would amend the Atascadero Municipal Code to
Establish Planned Development Overlay Zone #36 as detailed in Exhibit A,attached hereto and
incorporated herein by this reference.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith
by the Planning Commission Secretary to the City Council of the City of Atascadero.
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On motion by Commissioner Anderson,and seconded by Commissioner Heath,the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
Commissioners Anderson,Carranza,Heath,Schmidt,van den EikhofAYES:(6)
NOES:None (O)
ABSTAIN:None (O)
ABSENT:Commissioner Hughes (1)
ADOPTED:March 15,2022
CITY OF ATASCADERO,CA
Planning Commission Chai n
Attest:
Phil Dunsmore
Planning Commission Secretary
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EXHIBIT A:Zone Text Change-Planned Development Overlay No.36 Text
ZCH22-0022
9-3.680 Establishment of Planned Development Overlay No.36
Planned Development Overlay Zone No.35 is established as shown on the official zoning
maps (Section 9-1.102 of this title).A Planned Development Overlay Zone No.35 is
established on parcels APN’s 049-063-003,004,049-071-029,030 (Parcels 1-4 of AT02-
278).
(A)All site development or significant modifications,beyond ADA or code required
changes,to the site or exterior changes of any building shall require Design Review
Committee review.
(B)The following uses are allowed within the PD-36 overlay zone on the ground floor:
1.Artisan Foods and Products
2.Bar/Tavern
3.Eating and Drinking Places
4.General Retail*(with additional
parameters-see below)
5.Microbrewery -Brewpub
6.Tasting Room
7.Winery -Boutique
(C)The following uses are allowed within the PD-36 overlay zone above the ground
floor:
1.All uses as allowed on ground
floor list
2.Business Support Services
3.Live/Work Unit
4.Lodging/hotel/motel/vacation
rental
5.Multi-family Dwelling
6.Personal Services
7.Offices
(D)Property Development Standards
1.Front yard setback:
10-foot building setback shall be required for habitable portions of the building,
setback may be utilized for outdoor dining,awnings,non-habitable building
projections,signs,and other features designed to enhance the public space.
2.Parking:
No on-site parking shall be allowed.Parking required for residential uses shall be
required at the rate of one space per two bedrooms (minimum one space per unit),
to be located off-site within 1,000 feet of the property boundary and provided in
perpetuity through an off-site parking agreement.
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3.Height:
45 Feet,maximum of three stories.Use of roof area permitted for ground floor or
upper floor uses to include elevator shaft above the height maximum if required.
Site and Building Design
1.A single development project shall be completed on the north east side of the
plaza,or as one cohesive project on all of the lots.
2.Building designs may bridge the plaza space when a minimum vertical
clearance of 16 feet is maintained and a minimum plaza width of 20 feet is
maintained.When portions of buildings cover the plaza,provisions for natural
light,ample visibility,and unrestricted public/pedestrian access,shall be
maintained.
3.Building architecture shall complement,but not duplicate,City Hall.Designs
that incorporate brick,extensive glazing,tile roofs,balconies,and opportunities
to utilize outdoor spaces shall be strongly encouraged.
4.Recessed building entries with a depth of at least six feet,transom windows,
and glazing along East Mall that allows 60%visibility into the ground floor space
shall be required.Glazing shall not be blocked by interior walls or panels.5.Encroachments that provide for outdoor dining shall be encouraged at
Centennial Plaza and the public sidewalk while maintaining a minimum path of
travel of 8 feet on the plaza and 6 feet on public sidewalks.
6.Fire Backflow Devices.Fire backflow devices are required to be integrated into
the site or building design,are prohibited in any public right-of-way,and must
be accessible to Fire Department and Water Company personnel at all times.
7.Building coverage:No limit.Each successive floor shall reduce interior floor
space by 10%
8.Stormwater:No above ground stormwater retention may be allowed on-site in
excess of 400 square feet over the entire Planned Development
9.Native Trees:No Heritage trees shall be impacted or removed by proposed
development.Native trees that contribute to the tree canopy of Centennial
plaza,the parking lot,and the creek pathway should be preserved in place and
protected during construction as feasible.Some native trees may need to be
pruned or removed to accommodate appropriate site development.Any tree
removals shall be subject to the City’s Native Tree ordinance.
10.Public Restrooms:Public restrooms shall be provided to customers during
open business hours in a location that is accessible from the ground floor.
Development Incentives
Commercial floor area dedicated solely to eating and drinking places shall be eligible to
request a deferment of development impact fees and capacity charges subject to aconditiontoretainsuchlandusesinperpetuity.A change to a non-eligible land use
following project completion and/or occupancy will require the payment in full of any
development fees that have not yet been paid.
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Centennial Development Proposals Elevations and Site Plans
Herrera/Weyrick Proposal
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Kajsa Group Proposal
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