HomeMy WebLinkAboutCC_2014-10-14_Agenda Packet
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, October 14, 2014
6:00 P.M.
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Enter on Lewis Ave.)
REGULAR SESSION – CALL TO ORDER:
PLEDGE OF ALLEGIANCE: Council Member Kelley
ROLL CALL: Mayor O’Malley
Mayor Pro Tem Sturtevant
Council Member Fonzi
Council Member Kelley
Council Member Moreno
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Domestic Violence Awareness Month Proclamation presented to RISE
2. SLO Regional Rideshare Presentation by Mallory Jenkins
3. Employee Service Recognition Awards
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken. DRAFT MINUTES: Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes. Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council. If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of the meeting.)
1. City Council Draft Action Minutes – August 29, 2014
Recommendation: Council approve the City Council Draft Action Minutes
of August 29, 2014. [City Clerk]
2. City Council Draft Action Minutes – September 9, 2014
Recommendation: Council approve the City Council Draft Action Minutes
of September 9, 2014. [City Clerk]
3. City Council Draft Action Minutes – September 11, 2014
Recommendation: Council approve the City Council Draft Action Minutes
of September 11, 2014. [City Clerk]
4. City Council Draft Action Minutes – September 23, 2014
Recommendation: Council approve the City Council Draft Action Minutes
of September 23, 2014. [City Clerk]
5. August 2014 Accounts Payable and Payroll Disbursements
Fiscal Impact: $2,058,220.32
Recommendation: Council approve certified accounts payable, payroll
and payroll vendor checks for August 2014. [Administrative Services]
6. Memorandum of Understanding for the Atascadero Professional
Firefighters Local 3600
Fiscal Impact: Changes to the MOU for the Atascadero Professional
Firefighters Local 3600 will result in additional costs of approximately
$43,000 annually.
Recommendations:
Council:
1. Approve the Memorandum of Understanding (MOU) for the Atascadero
Professional Firefighters Local 3600; and,
2. Adopt the Draft Resolution Authorizing Employer Paid Member
Contributions for the Full-time employees in the Safety-Fire Member
Category; and,
3. Approve the Salary Schedule for Fiscal Year 2014 -2015. [City
Manager]
7. Oakhaven Onsite Tract Improvements Acceptance and Letter of Credit
Release and Reduction - 1155 El Camino Real
Fiscal Impact: None
Recommendations:
Council:
1. Accept and certify the satisfactory completion of onsite tract
improvements related to Building Permit BLD 2006 -05912, Tract 2614,
Oakhaven Development; and,
2. Authorize staff to release the Labor and Material Letter of Credit for
$294,979.00, and authorize the reduction of the Performance Letter of
Credit for $589,958.00 to 10% of the original amount, or $58,996.00,
for the one-year maintenance warranty period; and,
3. Authorize staff to release the 10% Maintenance Warranty Letter of
Credit upon satisfactory completion of the one-year maintenance
period; and,
4. Authorize staff to release the $6,800.00 monument bond after the City
Engineer confirms Tract 2614 surveying is complete. [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 470-3400, or mtorgerson@atascadero.org.)
B. PUBLIC HEARINGS:
1. Appeal of the Planning Commission’s Approval of the Sylvester’s Tree
Removal Permit - PLN 2014-1520 - 6455 El Camino Real / West Mall
frontage - (Sylvester’s Burgers)
Ex Parte Communications:
Fiscal Impact: The City will receive $1,066.67 into the Native Tree Fund, a
payment for tree mitigation.
Recommendation: Council adopt Draft Resolution A, denying the appeal
and upholding Planning Commission’s Tree Removal Permit approval to
remove a potentially hazardous 64” Coast Live Oak tree located at 6455
El Camino Real. The Planning Commission’s conditions of approval
include tree mitigation through payment of $1,066.67 to the native tree
fund; no on-site replanting is required of the applicant. [Community
Development]
C. MANAGEMENT REPORTS:
1. Resolution Reaffirming Council Intent Regarding meaning of “Repairing
and Maintaining Neighborhood Roads and Other Roadways”
Fiscal Impact: No fiscal impact to tonight’s action.
Recommendation: Council adopt Draft Resolution A reaffirming City
Council intent regarding the meaning of the phase “repairing and
maintaining neighborhood roads and other roadways” as referenced in the
Advisory Measure. [City Manager]
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
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.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor O’Malley
1. City / Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Sturtevant
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. League of California Cities – Council Liaison
Council Member Fonzi
1. Air Pollution Control District
2. Oversight Board for Successor Agency to the Community Redevelopment
Agency of Atascadero
3. SLO Local Agency Formation Commission (LAFCo)
Council Member Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Design Review Committee
3. Economic Vitality Corporation, Board of Directors (EVC)
4. Homeless Services Oversight Council
Council Member Moreno
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City of Atascadero Finance Committee (Chair)
3. City of Atascadero Design Review Committee
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURNMENT
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Lori Mlynczak, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the October 14, 2014 Regular Session of the Atascadero City Council was
posted on October 9, 2014, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422
and was available for public review in the Customer Service Center at that location.
Signed this 9th day of October, 2014, at Atascadero, California.
Lori Mlynczak, Deputy City Clerk
City of Atascadero
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council
meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the
Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped
for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the
City’s website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City
Clerk for more information (470-3400).
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 during City Hall business hours at the Front Counter of
City Hall, 6500 Palma Avenue, Atascadero, and 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 meeti ng will
reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record
or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office .
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the
Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
This is the time item s not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support
your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must
be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your
presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence
and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open a nd
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
ITEM NUMBER: A-1
DATE: 10/14/14
Atascadero City Council Special Meeting
August 29, 2014
Page 1 of 4
CITY OF ATASCADERO
CITY COUNCIL
SPECIAL MEETING
DRAFT MINUTES
Friday, August 29, 2014
8:30 A.M.
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Enter on Lewis Ave.)
CALL TO ORDER:
Mayor O’Malley called the meeting to order at 8:33 a.m.
ROLL CALL:
Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem
Sturtevant, and Mayor O’Malley
Absent: None
Others Present: City Clerk / Deputy City Manager Marcia McClure Torgerson
Staff Present: City Manager Rachelle Rickard, Administrative Services Director
Jeri Rangel, Community Development Director Warren Frace,
Police Chief Jerel Haley, and City Attorney Brian Pierik.
ITEM NUMBER: A-1
DATE: 10/14/14
Atascadero City Council Special Meeting
August 29, 2014
Page 2 of 4
APPROVAL OF AGENDA:
Mayor O’Malley asked to include the Pledge of Allegiance.
MOTION: By Mayor Pro Tem Sturtevant and seconded by Council
Member Fonzi to approve the agenda as amended.
Motion passed 5:0 by a roll-call vote.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Mitch Paskin (Exhibit A), Jerry
Clay, Charles Scovell, Len Colamarino, Tino Santos, and Kevin Campion.
Mayor O’Malley closed the COMMUNITY FORUM period.
A. BUSINESS ITEMS:
1. Atascadero City Council Statement Regarding the Walmart/Annex
Project
Fiscal Impact: None.
Recommendation: Council approve draft statement regarding the
Walmart/Annex Project and authorize each Council Member to sign the
approved statement. [City Manager]
City Manager Rachelle Rickard gave the staff report and answered questions from the
Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Len Colamarino and Jerry Clay.
Mayor O’Malley closed the Public Comment period.
MOTION: By Mayor Pro Tem Sturtevant and seconded by Council
Member Fonzi to approve the draft statement regarding the
Walmart/Annex Project and authorize each Council Member to
sign the approved statement.
Motion passed 5:0 by a roll-call vote.
ITEM NUMBER: A-1
DATE: 10/14/14
Atascadero City Council Special Meeting
August 29, 2014
Page 3 of 4
2. Historic City Hall Project Bid Award: ACH-9 Exterior Lighting Installation
Award City Bid No. 2014-005
Fiscal Impact: The fiscal impact of the exterior lighting installation is
$149,084.00 of City and CCHE funds.
Recommendations:
Council:
1. Authorize the City Manager to execute a contract, with Rob Reynolds
Construction, Inc., in an amount of $149,084.00 for the installation of
lighting fixtures and bulbs for the Atascadero City Hall Exterior Lighting
Project; and,
2. Authorize the Interim Public Works Director to file a notice of
completion upon satisfactory project completion. [Public Works]
City Manager Rachelle Rickard gave the staff report and answered questions from the
Council.
PUBLIC COMMENT: None
MOTION: By Council Member Moreno and seconded by Council Member
Fonzi to:
1. Authorize the City Manager to execute a contract, with Rob
Reynolds Construction, Inc., in an amount of $149,084.00
for the installation of lighting fixtures and bulbs for the
Atascadero City Hall Exterior Lighting Project; and,
2. Authorize the Interim Public Works Director to file a notice
of completion upon satisfactory project completion.
Motion passed 5:0 by a roll-call vote. (Contract No. 2014-022)
B. STRATEGIC PLANNING:
1. Destination Visioning Workshop
Fiscal Impact: None.
Recommendation: Council discuss topics related to destination
development and provide staff with general direction. [City Manager]
City Manager Rachelle Rickard introduced Matthew Landkamer and Craig Trames of
The Coraggio Group who will be facilitating the workshop today.
Matthew & Craig asked the attendees to break into groups and make a list of our
opportunities and challenges. Next they had the groups profile a typical resident and
typical tourist in Atascadero. These profiles were considered throughout the workshop
as the type of people we need to keep in mind when planning our future.
The workshop also discussed the attributes of Atascadero, our target audience for
advertising, and who we want to influence. The groups worked on a ten-year vision for
ITEM NUMBER: A-1
DATE: 10/14/14
Atascadero City Council Special Meeting
August 29, 2014
Page 4 of 4
Atascadero; how would you like to see Atascadero in 10 years? The groups then
discussed what we will have to do to accomplish our vision.
Next, the discussion turned to our priority actions; not i ndividual tasks but the foundation
that must be set to build on to accomplish our goals.
The Coraggio Group will be preparing a report on the details of this workshop, including
their recommendations for next steps.
C. ADJOURNMENT
Mayor O’Malley adjourned the meeting at 3:07 p.m.
MINUTES PREPARED BY:
______________________________________
Marcia McClure Torgerson, C.M.C.
City Clerk / Assistant to the City Manager
The following exhibit is available for review in the City Clerk’s office:
Exhibit A – Handout from Mitch Paskin, dated August 22, 2014
ITEM NUMBER: A-2
DATE: 10/14/14
Atascadero City Council
September 9, 2014
Page 1 of 9
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, September 9, 2014
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Enter on Lewis Ave.)
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
Mayor O’Malley announced at 5:00 p.m. that the Council is going into Closed Session.
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Successor Agency to the Community Immediately following
Redevelopment Agency of Atascadero: conclusion of the City
Council Regular Session
ITEM NUMBER: A-2
DATE: 10/14/14
Atascadero City Council
September 9, 2014
Page 2 of 9
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators
Government Code Section 54957.6
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organization: Atascadero Firefighters Bargaining Unit
b. Public Employee Performance Evaluation (Govt. Code 54957)
Title: City Manager
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
City Attorney Pierik announced that there was no reportable action taken.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor O’Malley called the meeting to order at 6:04 p.m. and Mayor Pro Tem Sturtevant
led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem
Sturtevant, and Mayor O’Malley
Absent: None
Others Present: City Clerk / Deputy City Manager Marcia McClure Torgerson
Staff Present: City Manager Rachelle Rickard, Administrative Services Director
Jeri Rangel, Community Development Director Warren Frace,
Interim Public Works Director Doug Breeze, Police Chief Jerel
Haley, Fire Marshall Tom Peterson, and City Attorney Brian Pierik.
ITEM NUMBER: A-2
DATE: 10/14/14
Atascadero City Council
September 9, 2014
Page 3 of 9
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Sturtevant and seconded by Council
Member Moreno to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. September Recovery Month Proclamation
The City Council presented the Proclamation to Sue Warren of the North County
Connection.
2. Patriotism Week Proclamation
The City Council presented the Proclamation to Kevin Matherly from the Elks.
3. Skate Park Presentation by Kevin Campion
Kevin Campion gave a presentation to the Council of the progress that has been made
at the Atascadero Skate Park.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – August 12, 2014
Recommendation: Council approve the City Council Draft Action Minutes
of August 12, 2014. [City Clerk]
2. June Disbursements
Fiscal Impact: $1,555,973.64
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for June 2014 [Administrative Services]
3. July Disbursements
Fiscal Impact: $2,558,342.50
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for July 2014 [Administrative Services]
4. June Treasurer’s Report
Fiscal Impact: None
Recommendation: Council receive and file the City Treasurer’s report for
quarter ending June 30, 2014 [Administrative Services]
ITEM NUMBER: A-2
DATE: 10/14/14
Atascadero City Council
September 9, 2014
Page 4 of 9
5. Amendment Number 1 to the Cooperation Agreement for the
Community Development Block Grant Program Fiscal Years 2015/16
through 2017/2018
Fiscal Impact: The approval of Amendment No. 1 will provide an extension
of the CDBG funding to include the 2017/2018 fiscal year term.
Recommendation: Council authorize the City Manager to execute
Amendment Number 1 to the Cooperation Agreement between the County
of San Luis Obispo and the City of Atascadero for joint participat ion in the
Community Development Block Grant Program for Fiscal Years
2015/2016 through 2017/2018. [Public Works]
6. Municipal Ordinance Banning the Possession of Synthetic Spices
and/or Synthetic Bath Salts
Fiscal Impact: None
Recommendation: Council adopt on second reading, by title only, the
proposed ordinance to ban the possession and sale of synthetic spice
and/or synthetic bath salts. [Police]
7. Title 3 Amendment - Cardroom Ordinance - Increase in the Maximum
Number of Card Tables - Removal of Betting Limits
Fiscal Impact: The amendment should have a modest positive fiscal
impact on the City.
Recommendation: Council adopt on second reading, by title only, the
proposed ordinance amending the City’s Cardroom Ordinance.
[Community Development]
Council Member Fonzi asked that Item #A-7 be pulled and voted on separately.
MOTION: By Council Member Fonzi and seconded by Council Member
Moreno to approve Item #A-1, 2, 3, 4, 5, & 6 of the Consent
Calendar.
Motion passed 5:0 by a roll-call vote. (#A-6: Ordinance No.
582)
Item #A-7: PUBLIC COMMENT: Mike Jackson
Council Member Fonzi stated that she pulled this item because she plans on voting no.
She explained that she feels that gambling can be an addiction and having unlimited
gambling is not a moderate change, so she chooses to vote no.
MOTION: By Council Member Kelley and seconded by Mayor Pro Tem
Sturtevant to approve Item #A-7 of the Consent Calendar.
Motion passed 4:1 by a roll-call vote. (Fonzi opposed)
(Ordinance No. 583)
ITEM NUMBER: A-2
DATE: 10/14/14
Atascadero City Council
September 9, 2014
Page 5 of 9
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Jerry Clay, Richard Moen,
Diane Wakefield, Len Colamarino, Charles Scovell, Dana Cummings, Linda Hendy,
Chuck Ward, Kevin Campion, and Al Fonzi.
Mayor O’Malley closed the COMMUNITY FORUM period.
Mayor O’Malley recessed the meeting at 7:34 p.m.
Mayor O’Malley reconvened the meeting at 7:48 p.m.
B. PUBLIC HEARINGS:
1. PLN 2014-1499 - ZCH 2014-0173 / TPM 2014-0101 / CUP 2014-0282 –
4-Unit Single-Family Planned Development Overlay #7 (PD-7) - 10380 El
Camino Real (Michaud / Henderson)
Ex Parte Communications:
Fiscal Impact: The City has developed standard conditions of approval for
new development projects that require the cost of maintenance and
emergency services to be funded by the project.
Recommendations:
Planning Commission Recommends the Council:
1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration
2014-0006; and,
2. Introduce for first reading, by title only, Draft Ordinance A approving
Zone Change 2014-0173 for a Planned Development #7 overlay,
based on findings; and,
3. Adopt Resolution B approving Conditional Use Permit 2014-0282 to
include the Master Plan of Development based on findings and subject
to Conditions of Approval and Mitigation Monitoring; and,
4. Adopt Resolution C approving Vesting Tentative Parcel Map 2014 -
0101, based on findings and subject to Conditions of Approval and
Mitigation Monitoring. [Community Development]
Community Development Director Warren Frace introduced Senior Planner Callie
Taylor who gave the staff report and answered questions from the Council.
ITEM NUMBER: A-2
DATE: 10/14/14
Atascadero City Council
September 9, 2014
Page 6 of 9
Ex Parte Communications
Council Member Kelley - met with the Applicant and heard the project on the Design
Review Committee.
Mayor Pro Tem Sturtevant – none.
Council Member Fonzi – none.
Council Member Moreno – Heard the project on the Design Review Committee.
Mayor O’Malley – none.
PUBLIC COMMENT:
The following citizens spoke on this item: Frank Henderson
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Kelley and seconded by Council Member
Moreno to approve the following staff’s recommendations with
the changes recommended by staff during their presentation:
1. Adopt Resolution A certifying Proposed Mitigated Negative
Declaration 2014-0006; and,
2. Introduce for first reading, by title only, Draft Ordinance A
approving Zone Change 2014-0173 for a Planned
Development #7 overlay, based on findings; and,
3. Adopt Resolution B approving Conditional Use Permit
2014-0282 to include the Master Plan of Development based
on findings and subject to Conditions of Approval and
Mitigation Monitoring; and,
4. Adopt Resolution C approving Vesting Tentative Parcel
Map 2014-0101, based on findings and subject to
Conditions of Approval and Mitigation Monitoring.
Motion passed 5:0 by a roll-call vote. (#1: Resolution No. 2014-
058, #3: Resolution No. 2014-059, #4: Resolution No. 2014-060)
C. MANAGEMENT REPORTS:
1. Transfer of PG&E Rule 20A Credits To the City of Paso Robles
Fiscal Impact: None
Recommendation: Council authorize the City Manager to execute the
Memorandum of Understanding Between the City of Atascadero and the
City of Paso Robles to Transfer $500,000 of PG&E Rule 20A Credits . [City
Manager]
Mayor Pro Tem Sturtevant announced that he works for PG&E and will therefore step
down on this item.
ITEM NUMBER: A-2
DATE: 10/14/14
Atascadero City Council
September 9, 2014
Page 7 of 9
City Manager Rachelle Rickard gave the staff report and answered questions from the
Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Ditas Esperanza, Capital Projects Engineer
from Paso Robles.
Mayor O’Malley closed the Public Comment period.
MOTION: By and seconded by to authorize the City Manager to execute
the Memorandum of Understanding Between the City of
Atascadero and the City of Paso Robles to Transfer $500,000
of PG&E Rule 20A Credits.
Motion passed 3:1 by a roll-call vote. (Kelley opposed, and
Sturtevant stepped down) (Contract No. 2014-021)
Council Member Kelley stated for the record that he is in favor of transferring PG&E
credits to Paso Robles, but he feels that the agreement is weak and puts the City at
risk.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor O’Malley – Veterans’ Services
At Mayor O’Malley’s request, there was Council consensus at the August 12 th
Council meeting to direct staff to place the issue of appointing a liaison with all
veterans’ organizations on the next Council agenda.
Mayor O’Malley’s Recommendation: Council appoint Council Member Fonzi to
be the Council’s liaison to veterans’ organizations in our area.
Mayor O’Malley stated that Council Member Kelle y emailed him stating that he would
like to be considered for the liaison position because he is a veteran and already sits on
Homeless Society meetings and the Housing Committee. He said that many of the
homeless are veterans. He explained that he is a veteran himself, and is connected in
the veteran community and feels he is very qualified to serve as the City’s liaison to
veterans’ organizations.
Mayor O’Malley asked Council Member Fonzi to speak to her qualifications. Council
Member Fonzi stated that she has a heart for veterans because she has been married
to one for 30 years, and her son is also a veteran. She also was a founding member of
the Veterans Memorial Foundation. However, her days are full and after hearing
Council Member Kelley’s desire to serve in this position, she will gladly step aside, and
she asked that she be the alternate to Council Member Kelley.
ITEM NUMBER: A-2
DATE: 10/14/14
Atascadero City Council
September 9, 2014
Page 8 of 9
Council Member Kelley stated that he appreciated Council Member Fonzi’s comments
and would appreciate her help.
Mayor O’Malley appointed Council Member Kelley as the Council’s liaison to veterans’
organizations, with Council Member Fonzi as an alternate.
D. COMMITTEE REPORTS:
Mayor O’Malley
1. SLO Council of Governments (SLOCOG) – Atascadero’s Del Rio project is on
a list of possible projects that SLOCOG will assist. A bike lane between
Atascadero and Templeton is also high on the list of possible future projects.
SLOCOG has assigned staff to assist with a walking path and bike lanes
along Highway 41.
Mayor Pro Tem Sturtevant
1. League of California Cities – Council Liaison – City Manager Rickard, and
Deputy City Manager Torgerson joined him in Los Angeles for the League of
California Cities Annual Conference.
Council Member Fonzi
1. Air Pollution Control District – Continuing lawsuits regarding dust at the
Oceano Dunes.
2. Oversight Board for Successor Agency to the Community Redevelopment
Agency of Atascadero – Discussed what would be done if any excess funds
from the bonds.
3. SLO Local Agency Formation Commission (LAFCo) - Paso Robles Ground
Water Basin proposed district was approved and is now sitting on the
Governor’s desk for signature.
Council Member Moreno
1. California Joint Powers Insurance Authority (CJPIA) Board – attended the
Annual meeting of the CJPIA.
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURNMENT TO THE SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO
Mayor O’Malley adjourned the meeting at 8:57 p.m.
ITEM NUMBER: A-2
DATE: 10/14/14
Atascadero City Council
September 9, 2014
Page 9 of 9
MINUTES PREPARED BY:
______________________________________
Marcia McClure Torgerson, C.M.C.
City Clerk / Assistant to the City Manager
ITEM NUMBER: A-3
DATE: 10/14/14
SPECIAL MEETING
CITY OF ATASCADERO
CITY COUNCIL
Atascadero City Hall
6500 Palma Avenue
4TH Floor
Thursday, September 11, 2014
5:00 P.M.
Candidate Meeting with
City Management Team
Due to the possibility that three or more members of the Atascadero City
Council may attend this meeting, notice of a special meeting of the
Atascadero City Council is hereby given pursuant to California Government
Code Section 54956.
City Clerk Marcia McClure Torgerson announced at 5:05 p.m. that because there was not
a quorum, the City Council meeting was adjourned. There were no Council Members
present.
The Candidate meeting with the City Management Team continued.
MINUTES PREPARED BY:
______________________________________
Marcia McClure Torgerson, C.M.C.
City Clerk / Assistant to the City Manager
ITEM NUMBER: A-4
DATE: 10/14/14
Atascadero City Council
September 23, 2014
Page 1 of 8
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, September 23, 2014
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Enter on Lewis Ave.)
CITY COUNCIL CLOSED SESSION: 5:30 P.M.
Mayor O’Malley announced at 5:30 p.m. that the Council is going into Closed Session.
1. CLOSED SESSION -- PUBLIC COMMENT – None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
City Council Closed Session: 5:30 P.M.
City Council Regular Session: 6:00 P.M.
Successor Agency to the Community Immediately following
Redevelopment Agency of Atascadero: conclusion of the City
Council Regular Session
ITEM NUMBER: A-4
DATE: 10/14/14
Atascadero City Council
September 23, 2014
Page 2 of 8
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators
Government Code Section 54957.6
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organization: Atascadero Firefighters Bargaining Unit
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
City Attorney Pierik announced that there was no reportable action taken.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor O’Malley called the meeting to order at 6:01 p.m. and Council Member Fonzi led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem
Sturtevant, and Mayor O’Malley
Absent: None
Others Present: City Clerk / Deputy City Manager Marcia McClure Torgerson
Staff Present: City Manager Rachelle Rickard, Administrative Services Director
Jeri Rangel, Community Development Director Warren Frace,
Interim Public Works Director Doug Breeze, Police Chief Jerel
Haley, Fire Chief Kurt Stone, and City Attorney Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Sturtevant and seconded by Council
Member Fonzi to approve the agenda.
Motion passed 5:0 by a roll-call vote.
ITEM NUMBER: A-4
DATE: 10/14/14
Atascadero City Council
September 23, 2014
Page 3 of 8
PRESENTATIONS:
1. Regional Transit Authority (RTA) Runabout Rate Presentation by
Executive Director, Geoff Straw
Michael Seden-Hansen of RTA gave the presentation to the Council. (Exhibit A)
A. CONSENT CALENDAR:
1. PLN 2014-1499 / ZCH 2014-0173 - Planned Development Overlay #7 (PD-
7) - 10380 El Camino Real - (Michaud / Henderson)
Fiscal Impact: A standard condition of approval has been included
requiring emergency services and facility maintenance costs to be 100%
funded by the project.
Recommendation: Council adopt on second reading, by title only, draft
Ordinance A approving Zone Change 2014-0173 for a Planned
Development #7 overlay at 10380 El Camino Real, based on findings.
[Community Development]
2. AVOID Grant Program
Fiscal Impact: The City of Atascadero will receive up to $100,000 in OTS
reimbursement grant funds and will expend up to $100,000 on DUI
enforcement activities. There is no City match required on this grant.
Recommendation: Council adopt the Draft Resolution accepting the
Office of Traffic Safety AVOID Grant Agreement with funding not to
exceed $100,000.00. [Police]
3. Alcoholic Beverage Control (ABC) License - On-Site Sale of Beer and
Wine - PLN 2014-1526 / ABC 2014-019 - 5814-5816 Traffic Way
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution “A” finding that public
convenience or necessity would be served by allowing the issuance of a
Type 42 ABC license for the sale beer and wine for on -site consumption at
Grape Encounters located on 5814 and 5816 Traffic Way. [Community
Development]
4. Conflict of Interest Code - Biennial Review
Fiscal Impact: None
Recommendation: Council adopt the Draft Resolution, updating and
amending the Conflict of Interest Code for the City of Atascadero. [City
Clerk]
Council Member Fonzi pulled Item #A-2.
ITEM NUMBER: A-4
DATE: 10/14/14
Atascadero City Council
September 23, 2014
Page 4 of 8
MOTION: By Mayor Pro Tem Sturtevant and seconded by Council
Member Kelley to approve Item #A-1, 3, & 4 of the Consent
Calendar.
Motion passed 5:0 by a roll-call vote. (#A-1: Ordinance No.
584, #A-3: Resolution No. 2014-062, #A-4: Resolution No. 2014-
063)
Item #A-2: Council Member Fonzi asked for clarification on the details of this Program.
Police Chief Haley explained the Program.
MOTION: By Council Member Moreno and seconded by Council Member
Fonzi to approve Item #A-2 of the Consent Calendar.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2014-
061)
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Anna Lisa Lukes, Jeremiah
Bennett, Mitch Paskin, Ellen Beraud, Len Colamarino, Chuck Ward, and Jerry Clay.
Mayor O’Malley closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
1. Atascadero Lake Phase II Sediment Removal Award - City Bid No. 2014-
008
Fiscal Impact: Authorization of the sediment removal would result in a
one-time expenditure of up to $470,000.00 of General Fund Reserves.
Recommendations:
Council:
1. Authorize the Director of Administrative Services to appropriate up to
$470,000 from General Fund Reserves for the removal of sediment
from Atascadero Lake and Lake Fill Line repairs; and,
2. Authorize the City Manager to execute a contract with ABI General
Engineering Inc., in the amount of $287,000, for the removal of
sediment from Atascadero Lake; and,
ITEM NUMBER: A-4
DATE: 10/14/14
Atascadero City Council
September 23, 2014
Page 5 of 8
3. Authorize the City Manager to execute change orders, as needed, for
up to 40% of the original contract amount ($114,800) to remove extra
sediment if time, budget and weather allow for it; and,
4. Authorize the City Manager to sign an agreement with the Atasca dero
Mutual Water Company agreeing to terms for sediment spreading on
Water Company Land; and,
5. Authorize the Public Works Director to file a notice of completion upon
satisfactory project completion. [Public Works]
Interim Public Works Director Douglas Breeze gave the staff report and answered
questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Jerry Clay, Nancy Hair, Len Colamarino, Al
Spivak, and Chuck Ward.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Moreno and seconded by Council Member
Fonzi to:
1. Authorize the Director of Administrative Services to
appropriate up to $470,000 from General Fund Reserves for
the removal of sediment from Atascadero Lake and Lake
Fill Line repairs; and,
2. Authorize the City Manager to execute a contract with ABI
General Engineering Inc., in the amount of $287,000, for the
removal of sediment from Atascadero Lake; and,
3. Authorize the City Manager to execute change orders, as
needed, for up to 40% of the original contract amount
($114,800) to remove extra sediment if time, budget and
weather allow for it; and,
4. Authorize the City Manager to sign an agreement with the
Atascadero Mutual Water Company agreeing to terms for
sediment spreading on Water Company Land; and,
5. Authorize the Public Works Director to file a notice of
completion upon satisfactory project completion.
Motion passed 5:0 by a roll-call vote. (#2: Contract No. 2014-
023, #4: Contract No. 2014-024)
Council Member Kelley stated that he supports this project but feels that it is financially
risky.
Mayor O’Malley recessed the meeting at 7:51 p.m.
Mayor O’Malley reconvened the meeting at 8:00 p.m.
ITEM NUMBER: A-4
DATE: 10/14/14
Atascadero City Council
September 23, 2014
Page 6 of 8
Mayor O’Malley announced that due to a request,
he is moving the Infrastructure & Vehicle Improvement Plan item
up before the Del Rio Road / US 101 Interchange Project Update item.
3. Infrastructure & Vehicle Improvement Plan
Fiscal Impact: The total outlay of expenditures is $1,323,803 with
$179,766 expended from the Vehicle Replacement Account Fund,
$123,000 expended from the fire impact fees fund for the expanded
capacity of the Type I engine, and $1,021,037 from Bertha Schultz Trust
Funds.
Recommendation: Council support staff proposed infrastructure &
vehicle improvement & replacement plan. [Fire]
Fire Chief Kurt Stone gave the staff report and answered questions from the Council.
PUBLIC COMMENT: None
MOTION: By Mayor Pro Tem Sturtevant and seconded by Council
Member Fonzi to support staff proposed infrastructure &
vehicle improvement & replacement plan.
Motion passed 5:0 by a roll-call vote.
2. Del Rio Road / US 101 Interchange Project Update
Fiscal Impact: None
Recommendation: Council receive and file update on Del Rio Road
Interchange Project. [Community Development]
Community Development Director Warren Frace, Jorge Aguilar of the Wallace Group,
Administrative Services Director Jeri Rangel, and City Manager Rachelle Rickard gave
the staff report and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: SLOCOG representative Rich Murphy, Jerry
Clay, Len Colamarino, Tom Comar, Ellen Beraud, Lee Perkins, David Bentz, and
Charles Bourbeau.
Mayor O’Malley closed the Public Comment period.
The City Council received this update on Del Rio Road Interchange Project.
ITEM NUMBER: A-4
DATE: 10/14/14
Atascadero City Council
September 23, 2014
Page 7 of 8
4. Tourism Business Improvement District (TBID) Update - Consideration
of Appointment of Two Board Members to Fill Vacancies
Fiscal Impact: None.
Recommendation:
Council:
1. Accept the resignation of Bhikhu Patel, and terminate Sohem Bhakta’s
membership due to excessive unexcused absences; and,
2. Give staff direction on filling the two vacancies, whose terms will expire
on June 30, 2015. [City Manager]
City Attorney Brian Pierik explained that Mayor O’Malley has a conflict of interest with
this item and will be stepping down from the dais. He is allowed to participate to the
extent that this affects his personal interests.
Deputy City Manager Marcia McClure Torgerson gave the staff report and answered
questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Tom O’Malley
Mayor Pro Tem Sturtevant closed the Public Comment period.
MOTION: By Council Member Kelley and seconded by Council Member
Fonzi to:
1. Accept the resignation of Bhikhu Patel, and terminate
Sohem Bhakta’s membership due to excessive unexcused
absences; and,
2. Appoint Linda Hendy and Diane Helbert to the TBID Board
to fill the two current vacancies, whose terms will expire on
June 30, 2015. [City Manager]
Motion passed 4:0 by a roll-call vote. (O’Malley abstained)
COUNCIL ANNOUNCEMENTS AND REPORTS: None
D. COMMITTEE REPORTS:
Mayor O’Malley
1. County Mayors Round Table - Discussed FPPC rule changes. Asked the City
Attorney to look into changes in conflict of interest and the boundaries that
establish a conflict.
2. Integrated Waste Management Authority (IWMA) – A buy-back center in
Atascadero has been negotiated.
ITEM NUMBER: A-4
DATE: 10/14/14
Atascadero City Council
September 23, 2014
Page 8 of 8
Council Member Fonzi
1. SLO Local Agency Formation Commission (LAFCo) - will bring back more
information regarding the recent bills passed by the governor regarding
groundwater basin protection agencies.
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURNMENT TO THE SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO
Mayor O’Malley adjourned the meeting at 10:54 p.m.
MINUTES PREPARED BY:
______________________________________
Marcia McClure Torgerson, C.M.C.
City Clerk / Deputy City Manager
The following exhibit is available for review in the City Clerk’s office:
Exhibit A – Handout - from Michael Seden-Hansen of RTA
Exhibit B – Email dated 4/23/12 from City Clerk Torgerson - from Mitch Paskin
Exhibit C – Offsite San Marcos Road Maintenance Agreement dated 8/27/01 - from Mitch Paskin
Exhibit D – Performance Agreement dated 2/11/03 – from Mitch Paskin
ITEM NUMBER: A-5
DATE: 10/14/14
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2014
1675 08/01/2014 STATE DISBURSEMENT UNIT 874.61Payroll Vendor Payment
1676 08/01/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 37,693.66Payroll Vendor Payment
1677 08/01/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 60,119.98Payroll Vendor Payment
1678 08/01/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 437.03Payroll Vendor Payment
1679 08/01/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,401.63Payroll Vendor Payment
1680 08/01/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,048.94Payroll Vendor Payment
1681 08/01/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,636.11Payroll Vendor Payment
1682 08/01/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,467.30Payroll Vendor Payment
1683 08/05/2014 RABOBANK, N.A.44,481.31Payroll Vendor Payment
1684 08/05/2014 EMPLOYMENT DEV DEPARTMENT 10,700.65Payroll Vendor Payment
1685 08/05/2014 EMPLOYMENT DEV. DEPARTMENT 1,091.16Payroll Vendor Payment
142278 08/08/2014 ALTHOUSE & MEADE, INC.2,475.00Accounts Payable Check
142279 08/08/2014 AMERICAN DIGITAL CORPORATION 8,380.92Accounts Payable Check
142280 08/08/2014 AMERICAN WEST TIRE & AUTO INC 66.00Accounts Payable Check
142281 08/08/2014 AQUA-AEROBIC SYSTEMS, INC.10,460.00Accounts Payable Check
142283 08/08/2014 AT&T 599.91Accounts Payable Check
142284 08/08/2014 AT&T 635.96Accounts Payable Check
142285 08/08/2014 ATASCADERO NEWS 748.40Accounts Payable Check
142286 08/08/2014 CHARTER COMMUNICATIONS 983.42Accounts Payable Check
142287 08/08/2014 COAST ELECTRONICS 903.00Accounts Payable Check
142288 08/08/2014 COASTAL COPY, LP 185.46Accounts Payable Check
142289 08/08/2014 COASTAL REPROGRAPHIC SERVICES 10.75Accounts Payable Check
142290 08/08/2014 CORELOGIC SOLUTIONS, LLC.125.00Accounts Payable Check
142291 08/08/2014 DEPARTMENT OF CONSERVATION 1,081.49Accounts Payable Check
142292 08/08/2014 DEPARTMENT OF JUSTICE 1,425.00Accounts Payable Check
142293 08/08/2014 DEPARTMENT OF TRANSPORTATION 6,489.77Accounts Payable Check
142294 08/08/2014 EMEDCO, INC.125.32Accounts Payable Check
142295 08/08/2014 ESCUELA DEL RIO 480.00Accounts Payable Check
142296 08/08/2014 FERRELL'S AUTO REPAIR 90.00Accounts Payable Check
142297 08/08/2014 FGL ENVIRONMENTAL 364.00Accounts Payable Check
142298 08/08/2014 GEM AUTO PARTS 113.00Accounts Payable Check
142299 08/08/2014 GIERLICH-MITCHELL, INC.515.95Accounts Payable Check
142300 08/08/2014 GIORDANO CONSTRUCTION COMPANY 3,330.00Accounts Payable Check
142301 08/08/2014 GSA - INFORMATION TECHNOLOGY 303.51Accounts Payable Check
142302 08/08/2014 HANLEY AND FLEISHMAN, LLP 37.00Accounts Payable Check
ITEM NUMBER: A-5
DATE: 10/14/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2014
142303 08/08/2014 HANSEN BRO'S CUSTOM FARMING 11,220.00Accounts Payable Check
142304 08/08/2014 HENRY SCHEIN, INC.1,547.73Accounts Payable Check
142306 08/08/2014 HOME DEPOT CREDIT SERVICES 2,689.70Accounts Payable Check
142307 08/08/2014 J. CARROLL CORPORATION 1,051.87Accounts Payable Check
142308 08/08/2014 JIFFY LUBE 219.58Accounts Payable Check
142309 08/08/2014 K & M INTERNATIONAL 291.60Accounts Payable Check
142310 08/08/2014 LANTERN PRESS 117.20Accounts Payable Check
142311 08/08/2014 LEHIGH HANSON 9,209.67Accounts Payable Check
142312 08/08/2014 MADRONE LANDSCAPES, INC.7,216.81Accounts Payable Check
142313 08/08/2014 MEDPOST URGENT CARE-PASO ROBLE 305.00Accounts Payable Check
142314 08/08/2014 MICHAEL BRANDMAN ASSOCIATES 5,781.00Accounts Payable Check
142315 08/08/2014 MICHAEL K. NUNLEY & ASSC, INC.375.00Accounts Payable Check
142316 08/08/2014 MICAH MUMFORD 12.63Accounts Payable Check
142317 08/08/2014 PAUL NETZ 185.00Accounts Payable Check
142318 08/08/2014 NORTH COAST ENGINEERING INC.7,221.00Accounts Payable Check
142319 08/08/2014 NORTHWEST BUSINESS STAMP 69.45Accounts Payable Check
142320 08/08/2014 NORTHWEST ZOOPATH, P.C.232.00Accounts Payable Check
142321 08/08/2014 OFFICE DEPOT INC.180.41Accounts Payable Check
142322 08/08/2014 PAVEMENT ENGINEERING, INC.17,705.00Accounts Payable Check
142323 08/08/2014 JOANNE PETERS 2,685.76Accounts Payable Check
142324 08/08/2014 REPUBLIC ELEVATOR COMPANY 25,493.00Accounts Payable Check
142325 08/08/2014 ROSENOW SPEVACEK GROUP, INC.1,995.00Accounts Payable Check
142326 08/08/2014 SAN DIEGO ZOO GLOBAL 940.00Accounts Payable Check
142327 08/08/2014 SCOTT DAVIS CONSULTING 3,318.75Accounts Payable Check
142328 08/08/2014 SLO COUNTY NEWSPAPERS-TRIBUNE 201.00Accounts Payable Check
142329 08/08/2014 SLO COUNTY SHERIFF'S OFFICE 218.00Accounts Payable Check
142330 08/08/2014 STAPLES CREDIT PLAN 1,985.61Accounts Payable Check
142331 08/08/2014 MICHAEL STORNETTA 220.38Accounts Payable Check
142332 08/08/2014 UNION BANK, N.A.2,326.00Accounts Payable Check
142333 08/08/2014 VALLEY PACIFIC PETROLEUM SVCS 588.43Accounts Payable Check
142334 08/08/2014 VERIZON WIRELESS 1,390.02Accounts Payable Check
142335 08/08/2014 VIBORG SAND & GRAVEL, INC.41,185.06Accounts Payable Check
142336 08/08/2014 VPI, INC.3,860.00Accounts Payable Check
142337 08/08/2014 A & R CONSTRUCTION 3,852.00Accounts Payable Check
142338 08/08/2014 ALL SIGNS AND GRAPHICS, LLC 21.50Accounts Payable Check
142339 08/08/2014 ALLIANT INSURANCE SERVICES INC 6,237.68Accounts Payable Check
142340 08/08/2014 AMERICAN DIGITAL CORPORATION 1,152.00Accounts Payable Check
ITEM NUMBER: A-5
DATE: 10/14/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2014
142341 08/08/2014 AMERICAN WEST TIRE & AUTO INC 513.07Accounts Payable Check
142342 08/08/2014 ATASCADERO FENCE 386.00Accounts Payable Check
142344 08/08/2014 ATASCADERO MUTUAL WATER CO.26,118.60Accounts Payable Check
142345 08/08/2014 ATASCADERO TRAFFIC WAY STORAGE 676.00Accounts Payable Check
142346 08/08/2014 SUZAN BARROSO 51.50Accounts Payable Check
142347 08/08/2014 BLUEPRINTER 145.26Accounts Payable Check
142348 08/08/2014 GREGORY A. BRAZZI 30.00Accounts Payable Check
142349 08/08/2014 AARON BROWN 179.00Accounts Payable Check
142350 08/08/2014 SHIRLEY R. BRUTON 486.60Accounts Payable Check
142351 08/08/2014 CASH 700.00Accounts Payable Check
142352 08/08/2014 CHARTER COMMUNICATIONS 983.21Accounts Payable Check
142353 08/08/2014 CITY OF SAN LUIS OBISPO 4,000.00Accounts Payable Check
142354 08/08/2014 KAREN A. CLANIN 199.50Accounts Payable Check
142355 08/08/2014 COAST ELECTRONICS 58.75Accounts Payable Check
142356 08/08/2014 COAST LINE DISTRIBUTING 506.60Accounts Payable Check
142357 08/08/2014 NICHOLAS E. COUGHLIN 735.00Accounts Payable Check
142358 08/08/2014 COUNTY OF SAN LUIS OBISPO 17,983.11Accounts Payable Check
142359 08/08/2014 CROP PRODUCTION SERVICES, INC.410.40Accounts Payable Check
142360 08/08/2014 DAN BIDDLE PEST CONTROL SERVIC 135.00Accounts Payable Check
142361 08/08/2014 DARRYL'S LOCK AND SAFE 68.80Accounts Payable Check
142362 08/08/2014 BRIAN S. DAVIN, JR.90.00Accounts Payable Check
142363 08/08/2014 CALEB M. DAVIS 179.00Accounts Payable Check
142364 08/08/2014 DRIVE CUSTOMS 10,221.51Accounts Payable Check
142365 08/08/2014 RYAN ENFANTINO 281.00Accounts Payable Check
142366 08/08/2014 FAMILY CARE NETWORK 45.00Accounts Payable Check
142367 08/08/2014 FARM SUPPLY COMPANY 1,748.84Accounts Payable Check
142368 08/08/2014 FERRELL'S AUTO REPAIR 99.00Accounts Payable Check
142369 08/08/2014 FGL ENVIRONMENTAL 198.00Accounts Payable Check
142370 08/08/2014 BRYAN FINDLAY 179.00Accounts Payable Check
142371 08/08/2014 FLYMEAT.COM 35.20Accounts Payable Check
142372 08/08/2014 WARREN FRACE 300.00Accounts Payable Check
142373 08/08/2014 GAS COMPANY 300.31Accounts Payable Check
142374 08/08/2014 GEM AUTO PARTS 655.83Accounts Payable Check
142375 08/08/2014 GIORDANO CONSTRUCTION COMPANY 6,658.00Accounts Payable Check
142376 08/08/2014 NATHAN B. GOOSSENS 84.00Accounts Payable Check
142377 08/08/2014 H-11 DIGITAL FORENSICS CO,LLC.3,080.00Accounts Payable Check
142378 08/08/2014 BRADLEY A. HACKLEMAN 612.00Accounts Payable Check
ITEM NUMBER: A-5
DATE: 10/14/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2014
142379 08/08/2014 HANLEY AND FLEISHMAN, LLP 1,739.00Accounts Payable Check
142380 08/08/2014 HART IMPRESSIONS PRINT & COPY 248.64Accounts Payable Check
142381 08/08/2014 CHRISTOPHER HESTER 179.00Accounts Payable Check
142382 08/08/2014 ETHAN L. HICKS 208.00Accounts Payable Check
142383 08/08/2014 VIRGINIA A. HIRAMATSU 50.00Accounts Payable Check
142384 08/08/2014 HOME DEPOT CREDIT SERVICES 570.35Accounts Payable Check
142385 08/08/2014 EVELYN R. INGRAM 686.00Accounts Payable Check
142386 08/08/2014 INHOUSE SECURITY SERVICE, LLC 375.01Accounts Payable Check
142387 08/08/2014 THE INK CO.222.25Accounts Payable Check
142388 08/08/2014 ZACHARIAH JACKSON 281.00Accounts Payable Check
142389 08/08/2014 TOM JAMASON 200.00Accounts Payable Check
142390 08/08/2014 CAROL D. JANSSEN 325.20Accounts Payable Check
142391 08/08/2014 HAROLD A. JOHNSTON III 2,856.00Accounts Payable Check
142392 08/08/2014 NANCY S. KNOX 170.10Accounts Payable Check
142393 08/08/2014 KNUCKLEHEAD GRAPHICS 53.75Accounts Payable Check
142394 08/08/2014 ANDY C. LARA 38.00Accounts Payable Check
142395 08/08/2014 LIFE ASSIST, INC.220.67Accounts Payable Check
142396 08/08/2014 SAMUEL H. MCMILLAN, SR.30.00Accounts Payable Check
142397 08/08/2014 RILEY A. METE 108.00Accounts Payable Check
142398 08/08/2014 MICHAEL K. NUNLEY & ASSC, INC.750.00Accounts Payable Check
142399 08/08/2014 MID-COAST MOWER & SAW, INC.136.18Accounts Payable Check
142400 08/08/2014 MINER'S ACE HARDWARE 92.40Accounts Payable Check
142401 08/08/2014 MISSION UNIFORM SERVICE 257.55Accounts Payable Check
142402 08/08/2014 LORI MLYNCZAK 302.16Accounts Payable Check
142403 08/08/2014 REON C MONSON 12.00Accounts Payable Check
142404 08/08/2014 HEATHER MORENO 468.91Accounts Payable Check
142405 08/08/2014 MV TRANSPORTATION, INC.9,276.37Accounts Payable Check
142406 08/08/2014 CLINT NICHOLSON 20.00Accounts Payable Check
142407 08/08/2014 NORTH COAST ENGINEERING INC.11,772.85Accounts Payable Check
142408 08/08/2014 OAK COUNTRY LUMBER & RANCH 867.13Accounts Payable Check
142409 08/08/2014 OFFICE DEPOT INC.828.29Accounts Payable Check
142410 08/08/2014 TARA ORLICK 70.56Accounts Payable Check
142411 08/08/2014 PACIFIC COAST GYMNASTICS CENTE 168.00Accounts Payable Check
142413 08/08/2014 PACIFIC GAS AND ELECTRIC 23,125.36Accounts Payable Check
142414 08/08/2014 PAVEMENT ENGINEERING, INC.2,910.00Accounts Payable Check
142415 08/08/2014 PLAY-WELL TEKNOLOGIES 3,390.80Accounts Payable Check
142416 08/08/2014 PROCARE JANITORIAL SUPPLY,INC.784.52Accounts Payable Check
ITEM NUMBER: A-5
DATE: 10/14/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2014
142417 08/08/2014 JERI RANGEL 300.00Accounts Payable Check
142418 08/08/2014 RECOGNITION WORKS 161.25Accounts Payable Check
142419 08/08/2014 RACHELLE RICKARD 500.00Accounts Payable Check
142420 08/08/2014 THE RIGHT ANGLE, INC.358.27Accounts Payable Check
142421 08/08/2014 BRANDON ROBERTS 281.00Accounts Payable Check
142422 08/08/2014 CHRISTOPHER R. ROBINSON 281.00Accounts Payable Check
142423 08/08/2014 ROLSON MUSIC & SOUND 700.00Accounts Payable Check
142424 08/08/2014 ERIN RUSSELL 179.00Accounts Payable Check
142425 08/08/2014 S.W. MARTIN & ASSOCIATES 3,000.00Accounts Payable Check
142426 08/08/2014 SCOVELL TREE SURGERY 500.00Accounts Payable Check
142427 08/08/2014 SERVICE SYSTEMS ASSC, INC.2,000.00Accounts Payable Check
142428 08/08/2014 SHORIN-RYU KARATE 184.45Accounts Payable Check
142429 08/08/2014 JOHN C. SIEMENS 476.00Accounts Payable Check
142430 08/08/2014 SLO COUNTY HEALTH AGENCY 59,631.50Accounts Payable Check
142431 08/08/2014 DAVID L. SMAW 120.00Accounts Payable Check
142432 08/08/2014 STAPLES CREDIT PLAN 145.96Accounts Payable Check
142433 08/08/2014 STATE WATER RES CONTROL BOARD 613.00Accounts Payable Check
142434 08/08/2014 SUNLIGHT JANITORIAL 3,027.00Accounts Payable Check
142435 08/08/2014 ANTHONY J. TRAVERSO 54.00Accounts Payable Check
142436 08/08/2014 ULTREX BUSINESS PRODUCTS 280.82Accounts Payable Check
142437 08/08/2014 UNITED STAFFING ASSC., INC.1,584.00Accounts Payable Check
142438 08/08/2014 US FOODS, INC.498.71Accounts Payable Check
142439 08/08/2014 VALLEY PACIFIC PETROLEUM SVCS 1,367.45Accounts Payable Check
142440 08/08/2014 BRIDGET M. VAN BEEK 90.00Accounts Payable Check
142441 08/08/2014 IWINA M. VAN BEEK 38.00Accounts Payable Check
142442 08/08/2014 TYSON VAN HORN 200.00Accounts Payable Check
142443 08/08/2014 THOMAS F. VELASQUEZ 30.00Accounts Payable Check
142444 08/08/2014 GARRETT M. VILLA 132.00Accounts Payable Check
142445 08/08/2014 VISIT SAN LUIS OBISPO COUNTY 14,128.00Accounts Payable Check
142446 08/08/2014 SANDRA M. WALLSCH-DRURY 211.20Accounts Payable Check
142447 08/08/2014 WARM FUZZY TOYS 271.37Accounts Payable Check
142448 08/08/2014 WILLIAM P. WHITE 99.95Accounts Payable Check
142449 08/08/2014 JEFF WILSHUSEN 179.00Accounts Payable Check
142450 08/08/2014 KAREN B. WYKE 490.50Accounts Payable Check
142451 08/13/2014 CHEVRON & TEXACO BUS. CARD 561.93Accounts Payable Check
142452 08/13/2014 SHELL 1,898.53Accounts Payable Check
ITEM NUMBER: A-5
DATE: 10/14/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2014
142453 08/13/2014 WEX BANK - 76 UNIVERSL 12,161.80Accounts Payable Check
142454 08/14/2014 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment
142455 08/14/2014 ATASCADERO POLICE OFFICERS 1,171.25Payroll Vendor Payment
142456 08/14/2014 ATASCADERO PROF. FIREFIGHTERS 695.53Payroll Vendor Payment
142457 08/14/2014 EMPLOYMENT DEV. DEPARTMENT 6,193.00Payroll Vendor Payment
142458 08/14/2014 FLEX-PLAN SERVICES INC.2,038.78Payroll Vendor Payment
142459 08/14/2014 HARTFORD LIFE INSURANCE 8,952.69Payroll Vendor Payment
142460 08/14/2014 NATIONWIDE RETIREMENT SOLUTION 1,860.30Payroll Vendor Payment
142461 08/14/2014 SEIU LOCAL 620 843.52Payroll Vendor Payment
142462 08/14/2014 VANTAGEPOINT TRNSFR AGT 106099 288.29Payroll Vendor Payment
142463 08/14/2014 VANTAGEPOINT TRNSFR AGT 304633 2,787.56Payroll Vendor Payment
1686 08/15/2014 STATE DISBURSEMENT UNIT 874.61Payroll Vendor Payment
1692 08/18/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,399.10Payroll Vendor Payment
1687 08/19/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 37,616.11Payroll Vendor Payment
1688 08/19/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 61,182.95Payroll Vendor Payment
1689 08/19/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 149.74Payroll Vendor Payment
1690 08/19/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 437.61Payroll Vendor Payment
1691 08/19/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,401.63Payroll Vendor Payment
1693 08/19/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,508.91Payroll Vendor Payment
1694 08/19/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,444.65Payroll Vendor Payment
1695 08/19/2014 RABOBANK, N.A.65,131.66Payroll Vendor Payment
1696 08/19/2014 EMPLOYMENT DEV DEPARTMENT 18,087.83Payroll Vendor Payment
1697 08/19/2014 EMPLOYMENT DEV. DEPARTMENT 1,143.13Payroll Vendor Payment
142464 08/22/2014 AGP VIDEO, INC.2,835.00Accounts Payable Check
142465 08/22/2014 AL'S SEPTIC PUMPING SVC, INC.3,180.00Accounts Payable Check
142466 08/22/2014 ALTHOUSE & MEADE, INC.216.00Accounts Payable Check
142467 08/22/2014 AT&T 16.36Accounts Payable Check
142468 08/22/2014 AT&T 127.55Accounts Payable Check
142469 08/22/2014 BURKE,WILLIAMS, & SORENSON LLP 18,739.61Accounts Payable Check
142470 08/22/2014 CIO SOLUTIONS, LP 1,618.75Accounts Payable Check
142471 08/22/2014 CLASSIC BLINDS & DRAPERIES 924.10Accounts Payable Check
142472 08/22/2014 CORAGGIO GROUP, INC.9,062.07Accounts Payable Check
142473 08/22/2014 COX COMMUNICATIONS, INC.50.00Accounts Payable Check
142474 08/22/2014 DEEP BLUE INTEGRATION, INC.3,047.96Accounts Payable Check
ITEM NUMBER: A-5
DATE: 10/14/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2014
142475 08/22/2014 DEPARTMENT OF TRANSPORTATION 483.51Accounts Payable Check
142476 08/22/2014 ELECTRICRAFT, INC.1,755.75Accounts Payable Check
142477 08/22/2014 FGL ENVIRONMENTAL 1,030.00Accounts Payable Check
142478 08/22/2014 FRAZEE PAINT 202.13Accounts Payable Check
142479 08/22/2014 GEM AUTO PARTS 38.38Accounts Payable Check
142480 08/22/2014 SARA GOMEZ 67.50Accounts Payable Check
142481 08/22/2014 HANSEN BRO'S CUSTOM FARMING 21,900.00Accounts Payable Check
142482 08/22/2014 HART IMPRESSIONS PRINT & COPY 100.03Accounts Payable Check
142483 08/22/2014 LYNDA HOREJSI 586.07Accounts Payable Check
142484 08/22/2014 LEE WILSON ELECTRIC CO. INC 1,428.00Accounts Payable Check
142485 08/22/2014 LEHIGH HANSON 674.26Accounts Payable Check
142486 08/22/2014 LISA WISE CONSULTING, INC.16,605.00Accounts Payable Check
142487 08/22/2014 SAMUEL HENRY MCMILLAN 60.00Accounts Payable Check
142488 08/22/2014 MEDPOST URGENT CARE-PASO ROBLE 90.00Accounts Payable Check
142489 08/22/2014 MED-TECH RESOURCE, INC.303.94Accounts Payable Check
142490 08/22/2014 MEDWORKS MEDICAL CENTER 1,645.00Accounts Payable Check
142491 08/22/2014 MICHAEL K. NUNLEY & ASSC, INC.1,369.25Accounts Payable Check
142492 08/22/2014 MOUNTAIN CORPORATION 401.19Accounts Payable Check
142493 08/22/2014 ONTRAC 10.70Accounts Payable Check
142494 08/22/2014 PC MECHANICAL, INC.880.00Accounts Payable Check
142495 08/22/2014 PENFIELD & SMITH ENGINEERS INC 465.00Accounts Payable Check
142496 08/22/2014 PERRY'S PARCEL & GIFT 155.41Accounts Payable Check
142497 08/22/2014 JAMES STEVEN ROBINSON DVM 10,000.00Accounts Payable Check
142498 08/22/2014 SAN LUIS POWERHOUSE, INC.1,236.45Accounts Payable Check
142499 08/22/2014 SCHNEIDER ELECTRIC USA, INC 1,980.00Accounts Payable Check
142501 08/22/2014 U.S. BANK 4,702.28Accounts Payable Check
142502 08/22/2014 VERIZON WIRELESS 464.52Accounts Payable Check
142503 08/22/2014 BRIAN WESTERMAN 857.00Accounts Payable Check
142504 08/22/2014 WHITLOCK & WEINBERGER TRANS.6,503.74Accounts Payable Check
142505 08/22/2014 A & R CONSTRUCTION 1,665.00Accounts Payable Check
142506 08/22/2014 AL'S SEPTIC PUMPING SVC, INC.1,132.50Accounts Payable Check
142507 08/22/2014 AMERICAN WEST TIRE & AUTO INC 2,208.00Accounts Payable Check
142508 08/22/2014 AT&T 1,011.22Accounts Payable Check
142509 08/22/2014 AT&T 169.05Accounts Payable Check
142510 08/22/2014 ATASCADERO CHAMBER OF COMMERCE 168.00Accounts Payable Check
142511 08/22/2014 ATASCADERO HAY & FEED 1,793.73Accounts Payable Check
142512 08/22/2014 ATASCADERO NEWS 2,143.04Accounts Payable Check
ITEM NUMBER: A-5
DATE: 10/14/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2014
142513 08/22/2014 ATASCADERO NEWS 56.50Accounts Payable Check
142514 08/22/2014 ATASCADERO UNIFIED SCHOOL DIST 6,720.00Accounts Payable Check
142515 08/22/2014 AURORA WORLD, INC.533.90Accounts Payable Check
142516 08/22/2014 AVTEC, INC.33,311.18Accounts Payable Check
142517 08/22/2014 AZA 47.50Accounts Payable Check
142518 08/22/2014 BASSETT'S CRICKET RANCH,INC.131.34Accounts Payable Check
142519 08/22/2014 BERRY MAN, INC.591.30Accounts Payable Check
142520 08/22/2014 BREZDEN PEST CONTROL, INC.168.00Accounts Payable Check
142521 08/22/2014 BURTON'S FIRE, INC.10,819.95Accounts Payable Check
142522 08/22/2014 CA PARKS & RECREATION 620.00Accounts Payable Check
142523 08/22/2014 LIBBY CABREL 38.47Accounts Payable Check
142524 08/22/2014 CHARLES PRODUCTS, INC.268.58Accounts Payable Check
142525 08/22/2014 CIO SOLUTIONS, LP 1,232.00Accounts Payable Check
142526 08/22/2014 CITIZENSERVE 9,600.00Accounts Payable Check
142527 08/22/2014 COAST LINE DISTRIBUTING 471.23Accounts Payable Check
142528 08/22/2014 COASTLINE EQUIPMENT 364.46Accounts Payable Check
142529 08/22/2014 CORELOGIC SOLUTIONS, LLC.125.00Accounts Payable Check
142530 08/22/2014 CRYSTAL SPRINGS WATER 26.86Accounts Payable Check
142531 08/22/2014 CULLIGAN/CENTRAL COAST WTR TRT 230.00Accounts Payable Check
142532 08/22/2014 D4 ELECTRIC 112.50Accounts Payable Check
142533 08/22/2014 BRIAN S. DAVIN, JR.36.00Accounts Payable Check
142534 08/22/2014 DEEP BLUE INTEGRATION, INC.3,135.00Accounts Payable Check
142535 08/22/2014 DEPARTMENT OF TRANSPORTATION 349.79Accounts Payable Check
142536 08/22/2014 ESCUELA DEL RIO 600.00Accounts Payable Check
142537 08/22/2014 EWING IRRIGATION GOLF INDUSTRL 67.36Accounts Payable Check
142538 08/22/2014 FARM SUPPLY COMPANY 591.23Accounts Payable Check
142539 08/22/2014 FERRELL'S AUTO REPAIR 417.49Accounts Payable Check
142540 08/22/2014 FIRE CHIEFS ASSC OF SLO CO 1,000.00Accounts Payable Check
142541 08/22/2014 FLYMEAT.COM 84.40Accounts Payable Check
142542 08/22/2014 FOOD FOR LESS 143.25Accounts Payable Check
142543 08/22/2014 GAS COMPANY 139.63Accounts Payable Check
142544 08/22/2014 GEM AUTO PARTS 912.10Accounts Payable Check
142545 08/22/2014 GILBERT'S LANDSCAPES 1,007.91Accounts Payable Check
142546 08/22/2014 HANSEN BRO'S CUSTOM FARMING 6,945.00Accounts Payable Check
142547 08/22/2014 KATHLEEN A. HARBOTTLE 521.15Accounts Payable Check
142548 08/22/2014 RALPH DOUGLAS HARBOTTLE 971.25Accounts Payable Check
142549 08/22/2014 HART IMPRESSIONS PRINT & COPY 152.08Accounts Payable Check
ITEM NUMBER: A-5
DATE: 10/14/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2014
142550 08/22/2014 STEFANI HIGUERA 116.50Accounts Payable Check
142551 08/22/2014 HOBBY BODY & PAINT SHOP 5,923.75Accounts Payable Check
142552 08/22/2014 THE INK CO.208.33Accounts Payable Check
142553 08/22/2014 JIFFY LUBE 80.33Accounts Payable Check
142554 08/22/2014 JK'S UNLIMITED 5,104.69Accounts Payable Check
142555 08/22/2014 JOE A. GONSALVES & SON 6,000.00Accounts Payable Check
142556 08/22/2014 CHRIS KINDIG 230.00Accounts Payable Check
142557 08/22/2014 KPRL 1230 AM 160.00Accounts Payable Check
142558 08/22/2014 KW CONSTRUCTION 1,323.09Accounts Payable Check
142559 08/22/2014 ANDY C. LARA 72.00Accounts Payable Check
142560 08/22/2014 LAUTZENHISER'S STATIONARY 393.05Accounts Payable Check
142561 08/22/2014 LEAGUE OF CALIFORNIA CITIES 1,125.00Accounts Payable Check
142562 08/22/2014 MADRONE LANDSCAPES, INC.250.00Accounts Payable Check
142563 08/22/2014 MEYER TREE CONSULTING 175.00Accounts Payable Check
142564 08/22/2014 MICHAEL K. NUNLEY & ASSC, INC.5,362.50Accounts Payable Check
142565 08/22/2014 MID-COAST MOWER & SAW, INC.741.26Accounts Payable Check
142566 08/22/2014 MINER'S ACE HARDWARE 799.78Accounts Payable Check
142567 08/22/2014 MISSION UNIFORM SERVICE 278.05Accounts Payable Check
142568 08/22/2014 MWI VETERINARY SUPPLY CO.13.31Accounts Payable Check
142569 08/22/2014 NORTH COAST ENGINEERING INC.698.25Accounts Payable Check
142570 08/22/2014 OAKLAND PACKAGING & SUPPLY 160.62Accounts Payable Check
142571 08/22/2014 OFFICE DEPOT INC.469.67Accounts Payable Check
142572 08/22/2014 ONTRAC 11.23Accounts Payable Check
142573 08/22/2014 ORLICK'S ROOFING 2,000.00Accounts Payable Check
142575 08/22/2014 PACIFIC GAS AND ELECTRIC 28,633.35Accounts Payable Check
142576 08/22/2014 CASEY J. PATTERSON 2,300.00Accounts Payable Check
142577 08/22/2014 DEAN PERICIC 1,264.28Accounts Payable Check
142578 08/22/2014 PHILLIPS INTERNATIONAL, INC.809.00Accounts Payable Check
142579 08/22/2014 PROCARE JANITORIAL SUPPLY,INC.579.84Accounts Payable Check
142580 08/22/2014 RADIO SHACK CORPORATION 32.76Accounts Payable Check
142581 08/22/2014 THE RIGHT ANGLE, INC.16,500.00Accounts Payable Check
142582 08/22/2014 ROB DAVIS BACKHOE 1,975.00Accounts Payable Check
142583 08/22/2014 ROSSI TRANSPORT SERVICE 505.25Accounts Payable Check
142584 08/22/2014 MARK J. RUSSO 200.00Accounts Payable Check
142585 08/22/2014 SMART AND FINAL 39.83Accounts Payable Check
142586 08/22/2014 DELORES P. SOTO 144.00Accounts Payable Check
142587 08/22/2014 STATE FIRE TRAINING 40.00Accounts Payable Check
ITEM NUMBER: A-5
DATE: 10/14/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2014
142588 08/22/2014 STERLING COMMUNICATI0NS 6,405.87Accounts Payable Check
142589 08/22/2014 SWANK MOTION PICTURES, INC.822.00Accounts Payable Check
142590 08/22/2014 TARGET SOLUTIONS, INC.3,090.00Accounts Payable Check
142591 08/22/2014 MARGARET TILLMAN 15.00Accounts Payable Check
142592 08/22/2014 TOPLINE PRODUCTS, INC.100.15Accounts Payable Check
142593 08/22/2014 ANTHONY J. TRAVERSO 108.00Accounts Payable Check
142594 08/22/2014 TRIBUNE 215.28Accounts Payable Check
142595 08/22/2014 TY, INC.51.36Accounts Payable Check
142598 08/22/2014 U.S. BANK 8,927.98Accounts Payable Check
142599 08/22/2014 ULTREX BUSINESS PRODUCTS 129.22Accounts Payable Check
142600 08/22/2014 UNDERGROUND SERVICE ALERT 446.64Accounts Payable Check
142601 08/22/2014 UNITED RENTALS (NORTH AM), INC 1,642.80Accounts Payable Check
142602 08/22/2014 UNITED STAFFING ASSC., INC.1,584.00Accounts Payable Check
142603 08/22/2014 UNIVAR USA, INC.4,530.05Accounts Payable Check
142604 08/22/2014 VALLEY PACIFIC PETROLEUM SVCS 4,827.65Accounts Payable Check
142605 08/22/2014 BRIDGET M. VAN BEEK 54.00Accounts Payable Check
142606 08/22/2014 IWINA M. VAN BEEK 19.00Accounts Payable Check
142607 08/22/2014 VIBORG SAND & GRAVEL, INC.8,028.10Accounts Payable Check
142608 08/22/2014 WEST COAST AUTO & TOWING, INC.204.25Accounts Payable Check
142609 08/22/2014 WESTERN JANITOR SUPPLY 292.67Accounts Payable Check
142610 08/22/2014 WILKINS ACTION GRAPHICS 255.10Accounts Payable Check
142611 08/22/2014 JEFF WILSHUSEN 179.00Accounts Payable Check
142612 08/22/2014 CATHIE WILSON 22.30Accounts Payable Check
142613 08/22/2014 YESTERDAYS SPORTSWEAR 1,109.40Accounts Payable Check
142614 08/25/2014 ALLSTATE WORKPLACE DIVISION 2,508.43Payroll Vendor Payment
142615 08/25/2014 BLUE SHIELD OF CALIFORNIA 127,518.35Payroll Vendor Payment
142616 08/25/2014 LINCOLN NATIONAL LIFE INS CO 861.27Payroll Vendor Payment
142617 08/25/2014 MEDICAL EYE SERVICES 1,612.44Payroll Vendor Payment
142618 08/25/2014 PREFERRED BENEFITS INSURANCE 9,483.77Payroll Vendor Payment
142619 08/28/2014 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment
142620 08/28/2014 ATASCADERO POLICE OFFICERS 1,124.00Payroll Vendor Payment
142621 08/28/2014 ATASCADERO PROF. FIREFIGHTERS 695.53Payroll Vendor Payment
142622 08/28/2014 FLEX-PLAN SERVICES INC.2,038.78Payroll Vendor Payment
142623 08/28/2014 FLEX-PLAN SERVICES INC.125.00Payroll Vendor Payment
142624 08/28/2014 FRANCHISE TAX BOARD 557.38Payroll Vendor Payment
142625 08/28/2014 HARTFORD LIFE INSURANCE 8,952.69Payroll Vendor Payment
ITEM NUMBER: A-5
DATE: 10/14/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of August 2014
142626 08/28/2014 NATIONWIDE RETIREMENT SOLUTION 1,507.02Payroll Vendor Payment
142627 08/28/2014 SEIU LOCAL 620 843.52Payroll Vendor Payment
142628 08/28/2014 VANTAGEPOINT TRNSFR AGT 106099 288.29Payroll Vendor Payment
142629 08/28/2014 VANTAGEPOINT TRNSFR AGT 304633 2,903.39Payroll Vendor Payment
142630 08/28/2014 M.J. BERTACCINI & ASSOCIATES 2,432.50Accounts Payable Check
1699 08/29/2014 STATE DISBURSEMENT UNIT 874.61Payroll Vendor Payment
1700 08/29/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 36,640.08Payroll Vendor Payment
1701 08/29/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 60,186.38Payroll Vendor Payment
1702 08/29/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 466.94Payroll Vendor Payment
1703 08/29/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,401.63Payroll Vendor Payment
1704 08/29/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,128.40Payroll Vendor Payment
1705 08/29/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,099.66Payroll Vendor Payment
1706 08/29/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,469.29Payroll Vendor Payment
$ 1,438,278.11
ITEM NUMBER: A-5
DATE: 10/14/14
ATTACHMENT: 1
ITEM NUMBER: A-6
DATE: 10/14/14
Atascadero City Council
Staff Report - City Manager’s Office
Memorandum of Understanding
for the Atascadero Professional Firefighters Local 3600
RECOMMENDATIONS:
Council:
1. Approve the Memorandum of Understanding (MOU) for the Atascadero
Professional Firefighters Local 3600; and,
2. Adopt the Draft Resolution Authorizing Employe r Paid Member Contributions for
the Full-time employees in the Safety-Fire Member Category; and,
3. Approve the Salary Schedule for Fiscal Year 2014-2015.
DISCUSSION:
Current Memorandums of Understanding (MOUs) for the Atascadero Police Officers
Association (APOA), Mid-Management/Professional Employees Association (MMPEA),
Service Employees International Union Local 620 (SEIU), and the Atascadero
Professional Firefighters Local 3600 (APFA), as well as the Resolution for Non-
Represented Professional and Management Workers and Confidential Employees expired
on June 30, 2014. On July 8, 2014 the City Council approved the MOUs for each
bargaining unit with the exception of the Atascadero Professional Firefighters Local 3600.
MOUs are agreements between the City and the employee associations that set specific
language regarding wages, benefits, and working conditions. All labor groups are coming
off of a one-year agreement that consisted of a 2% increase to salary. Raises had not
been provided to employees under previous agreements since July 1, 2008, and in fact
several employee concessions were from 2008-2013.
While it continues to be tough economic times, we are beginning to see the signs of an
economic turnaround. Employees have been an integral part in building reserves and in
maintaining City services through these tough economic times. As we come out of this
economic trough, it is critical that the City retain the employees who do a great job day in
and day out. It is through the employees that we will be poised to take advantage of
opportunities that arise in this next economic cycle.
ITEM NUMBER: A-6
DATE: 10/14/14
The City has now completed negotiations with the Atascadero Professional Firefighters
Local 3600 (APFA). Similar to the Police Association MOU, the APFA agreed to pay the
full amount of the employee contribution to CalPERS (the City has historically paid a
portion of the employee member contribution) in exchange for an offsetting salary
increase. Effective July 1, 2014 APFA employees (firefighters, fire engineers, fire captains
and the fire marshal) will receive a 4.3% salary increase offset by a 4.3% increased
employee contribution to CalPERS. The increased employee contributions to CalPERS
will effectively decrease the City contribution to retirement costs and sworn fire employees
will now be paying the entire employee portion of the CalPERS contribution. The
agreement is for a one year term and effectively puts to rest the 2009 4% raise that the
APFA agreed to defer in recognition of the tough economic times.
With the approval of the APFA MOU, Council must also adopt an updated salary schedule
reflecting the changes in the MOU. A revised salary schedule effective July 1, 2014 is
attached and reflects the following changes:
Updated salaries for all firefighter, fire engineer, fire captain and fire marshal
positions.
Correction to Range 34, adding the Systems Administrator III position. The salary
schedule adopted on July 8, 2014 inadvertently left out this long standing position.
Correction of an error on the Deputy City Manager/City Clerk salary. The salary
schedule adopted on July 8, 2014 contained a formula error which overstated the
salary for the combined Deputy City Manager/ City Clerk salary. (The error was
caught early and the Deputy City Manager has been paid the correct amount.)
Because the MOU reduces the employee contribution to CalPERS, the Council must also
adopt an updated resolution authorizing the amount that employees pay toward their
retirement.
FISCAL IMPACT:
Changes to the MOU for the Atascadero Professional Firefighters Local 3600 will result
in additional costs of approximately $43,000 annually.
ATTACHMENTS:
1. Memorandum of Understanding for Atascadero Professional Firefighters
Association Local 3600
2. Draft Resolution Authorizing Employer Paid Member Contributions for Full-
time Employees in the Safety- Fire Member Category
3. Salary Schedule for Fiscal Year 2014-2015
ITEM NUMBER: A-6
DATE: 10/14/14
ATTACHMENT: 1
Firefighters’ MOU 2013 2014 - 20142015 Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ATASCADERO PROFESSIONAL FIREFIGHTERS
LOCAL 3600
AND
CITY OF ATASCADERO
JULY 1, 2013 2014 – June 30, 20142015
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ARTICLE I - GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding is made and entered into between the City of Atascadero, hereinafter referred
to as the “City” and the Atascadero Professional Firefighters Local 3600, hereinafter referred to as the “Association”
pursuant to California Government Code Section 3500, et seq. and the City's Employer - Employee Relations
Policy. The purpose of this Memorandum of Understanding (MO U) is the establishment of wages, hours and other
terms and conditions of employment.
The City and Association agree that the provisions of this MOU shall be applied equally to all employees covered
herein without favor or discrimination because of race, creed, color, sex, age, national origin, political or religious
affiliations or association memberships. Whenever the masculine gender is used in this MOU, it shall be understood
to include the feminine gender.
SECTION 1.2 RECOGNITION
a. The City of Atascadero recognizes the Association as the recognized and exclusive representative for the
following positions:
Firefighter Classification
Firefighter
Firefighter/Paramedic
Firefighter/HazMat Specialist
Firefighter/Paramedic/HazMat Specialist
Fire Engineer Classification
Fire Engineer
Fire Engineer/Paramedic
Fire Engineer/HazMat Specialist
Fire Engineer/Paramedic/HazMat Specialist
Fire Captain Classification
Fire Captain
Fire Captain/Paramedic
Fire Captain/HazMat Specialist
Fire Captain/Paramedic/HazMat Specialist
Fire Marshal Classification
Fire Marshal/Code Compliance Officer
For purposes of this MOU, positions with a Paramedic and/or HazMat Specialist designation are hereinafter
included in any reference to Firefighter, Fire Engineer, and Fire Captain.
b. This recognition is exclusive of management employees and temporary employees.
c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all matters relating
to the scope of representation under the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.),
and as provided under the City's Employer-Employee Relations Policy.
SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or unenforceable by
reason of any existing or subsequently enacted constitutional or legislative provision shall be severed, and all
other provisions of the Agreement shall remain in full force and effect for the duration of the Agreement.
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b. In the event that any provision of the MOU should be found invalid, unconstitutional, unlawful or
unenforceable, the City and the Association agree to meet and confer in a timely manner in an attempt to
negotiate a substitute provision. Such negotiations shall apply only to the severed provision of the Agreement
and shall not in any way modify or impact the remaining provisions of the existin g MOU.
SECTION 1.4 SOLE AGREEMENT
a. The City and the Association agree that to the extent that any provision addressing wages, hours, and terms and
conditions of employment negotiable under the Meyers -Milias-Brown Act found outside this MOU and are in
conflict thereof, this MOU shall prevail.
b. If, during the term of the MOU, the parties should mutually agree to modify, amend, or alter the provisions of
this MOU in any respect, any such change shall be effective only if and when reduced to writing and executed
by the authorized representatives of the City and the Association. Any such changes validly made shall become
part of this MOU and subject to its terms.
SECTION 1.5 FULL FORCE AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of bargaining under the
Meyers-Milias-Brown Act, including those set in this MOU, shall remain in full force and effect during the term
of this MOU unless changed by mutual agreement.
b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Association.
ARTICLE II - RESPECTIVE RIGHTS
SECTION 2.1 ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:
a. Reasonable advance notice of any City ordinance, rule, resolution, or regulation directly relating to matters
within the scope of representation proposed to be adopted by the City Council.
b. Reasonable use of one bulletin board at all Fire Department stations.
c. The right to payroll deductions made for payments or organization dues and for City approved programs.
d. The use of City facilities for regular, normal and lawful Association activities, providing that approval of the
City Manager or his/her designee has been obtained.
e. Reasonable access to employee work locations for officers of the Association and their officially desig nated
representatives for the purpose of processing grievances or contacting members of the organization concerning
business within the scope of representation. Access shall be restricted so as not to interfere with the normal
operations of any department or with established safety or security requirements.
SECTION 2.2 CITY RIGHTS
a. The authority of the City includes, but is not limited to, the exclusive right to determine the standards of service;
determine the procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action for "just cause"; relieve its employees from duty because of lack of work or for other
legitimate reason; maintain the efficiency of governmental operations; determine the methods, staffing and
personnel by which governmental operations are to be conducted; determine the content of job classifications;
take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over
its organizations and the technology of performing its work provided, however, that the exercise and retention
of such rights does not preclude employees or their representatives from consulting or raising grievances over
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the consequences or impact that decisions on these matters may have on wage, hours and other terms of
employment.
SECTION 2.3 PEACEFUL PERFORMANCE
a. The parties to this MOU recognize and acknowledge that the services performed by the City empl oyees covered
by this Agreement are essential to the public health, safety and general welfare of the residents of the City of
Atascadero. Association agrees that under no circumstances will the Association recommend, encourage, cause
or promote its members to initiate, participate in, nor will any member of the bargaining unit take part in, any
strike, sit-down, stay-in, sick-out, slow-down, or picketing (hereinafter collectively referred to as ”work-
stoppage”) in any office or department of the City, nor to curtail any work or restrict any production, or
interfere with any operation of the City. In the event of any such work stoppage by any member of the
bargaining unit, the City shall not be required to negotiate on the merits of any dispute which may h ave risen to
such work stoppage until said work stoppage has ceased.
b. In the event of any work stoppage, during the term of this MOU, whether by the Association or by any member
of the bargaining unit, the Association by its officers, shall immediately dec lare in writing and publicize that
such work stoppage is illegal and unauthorized, and further direct its members in writing to cease the said
conduct and resume work. Copies of such written notices shall be served upon the City. If, in the event of any
work stoppage, the Association promptly and in good faith performs the obligations of this paragraph, and
providing the Association has not otherwise authorized, permitted or encouraged such work stoppage, the
Association shall not be liable for any damage s caused by the violation of this provision. However, the City
shall have the right to discipline, up to and including discharge, any employee who instigates, participates in, or
gives leadership to, any work stoppage activity herein prohibited, and the City shall also have the right to seek
full legal redress, including damages, against any such employees.
ARTICLE III - - HOURS OF WORK AND OVERTIME
SECTION 3.1 HOURS OF WORK
a. Work Period
The normal work period, pursuant to Section 207 (k) of the Fair Labor Standards Act, shall be twenty -eight (28)
days for all full-time permanent sworn safety positions with the exception of the Fire Marshal/Code
Enforcement Officer. All hours worked in excess of the employee’s regularly recurring work schedule shall be
paid at the overtime rate of one and one-half of the employee’s regular rate of pay.
The normal work period for the Fire Marshal/Code Enforcement Officer shall be seven (7) days with a
maximum non-overtime of forty (40) hours.
b. Definition of Shift Employees
Shift employees (excluding administrative assignments) are assigned to positions which duties are performed on
a twenty-four (24) hour day, seven (7) days a week basis, and include:
Firefighter
Fire Engineer
Fire Captain
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SECTION 3.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one -half his/her regular rate of pay.
b. Hours Paid
Paid time off shall be considered time worked for overtime purposes.
c. Compensatory Time (CT)
Notwithstanding the provisions of this section, employees may be granted CT for overtime credit computed at
time and one-half at the mutual convenience of the Fire Department and the employee. Employees may
accumulate up to six (6) shifts (144 hours) of Compensatory Time.
d. Scheduling Compensatory Time Off (CT)
Requests to use CT shall be granted with due regard for operational necessity such as staffing levels.
e. Compensatory Time (CT) Payoff
CT may be paid off at the option of the employee. The payoff shall be included in the next regularly scheduled
bi-weekly payroll period following the request.
SECTION 3.3 CALLBACK PAY
Employees who are called to duty at a time they are not working shall be compensated a minimum compensation of
two (2) hours at time and one-half rate of pay.
SECTION 3.4 STANDBY TIME
a. Employees assigned standby duty shall receive twenty-five dollars ($25.00) for each day of standby duty. A day
is defined as a 24-hour period.
b. Employees responding to work from standby shall receive time and one-half pay with a minimum of one hour
and twenty minutes once called back. Employees responding to work as a result of an emergency callback
request shall receive time and one-half pay with a minimum of two hours pay.
c. Employees on standby status shall monitor both radio and alpha numeric pages at all times; and be able to
respond to the predetermined duty assignment within twenty minutes from the time of notification.
ARTICLE IV - PAY PROVISIONS
SECTION 4.1 SALARY
This one (1) year agreement shall provide for a 2% (two percent) salary increase in this period.salary increases
according to the following formula and schedule:
Effective July 1, 2014, all positions covered under this MOU shall receive a 4.3% salary increase. Salary increases
will be offset by increased employee contributions to CalPERS for Tier 1 and Tier 2 employees in accordance with
section 4.3 of this agreement.
The following monthly salaries are effective July 1, 20132014:
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CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Firefighter 4,721.52 4,957.60 5,205.48 5,465.75 5,739.04
Firefighter/ Haz Mat Specialist 4,815.95 5,056.75 5,309.59 5,575.07 5,853.82
Firefighter/Paramedic 5,193.67 5,453.35 5,726.02 6,012.32 6,312.94
Firefighter/Paramedic/HazMat Spec.5,288.10 5,552.51 5,830.14 6,121.65 6,427.73
Fire Engineer 5,078.52 5,332.45 5,599.07 5,879.02 6,172.97
Fire Engineer/ Haz Mat Specialist 5,180.09 5,439.09 5,711.04 5,996.59 6,296.42
Fire Engineer/Paramedic 5,586.37 5,865.69 6,158.97 6,466.92 6,790.27
Fire Engineer/Paramedic/HazMat Spec.5,687.94 5,972.34 6,270.96 6,584.51 6,913.74
Fire Captain 6,026.00 6,327.30 6,643.67 6,975.85 7,324.64
Fire Marshal 6,026.00 6,327.30 6,643.67 6,975.85 7,324.64
Fire Captain/ Haz Mat Specialist 6,146.52 6,453.85 6,776.54 7,115.37 7,471.14
Fire Marshal / Haz Mat Specialist 6,146.52 6,453.85 6,776.54 7,115.37 7,471.14
Fire Captain/Paramedic 6,628.60 6,960.03 7,308.03 7,673.43 8,057.10
Fire Captain/Paramedic/HazMat Spec.6,749.12 7,086.58 7,440.91 7,812.96 8,203.61
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Firefighter 4,924.55 5,170.77 5,429.31 5,700.78 5,985.82
Firefighter/ Haz Mat Specialist 5,023.04 5,274.19 5,537.90 5,814.80 6,105.54
Firefighter/Paramedic 5,417.00 5,687.85 5,972.24 6,270.85 6,584.39
Firefighter/Paramedic/HazMat
Spec.5,515.49 5,791.26 6,080.82 6,384.86 6,704.10
Fire Engineer 5,296.90 5,561.75 5,839.84 6,131.83 6,438.42
Fire Engineer/ Haz Mat Specialist 5,402.84 5,672.98 5,956.63 6,254.46 6,567.18
Fire Engineer/Paramedic 5,826.59 6,117.92 6,423.82 6,745.01 7,082.26
Fire Engineer/Paramedic/HazMat
Spec.5,932.53 6,229.16 6,540.62 6,867.65 7,211.03
Fire Captain 6,285.11 6,599.37 6,929.34 7,275.81 7,639.60
Fire Marshal 6,285.11 6,599.37 6,929.34 7,275.81 7,639.60
Fire Captain/ Haz Mat Specialist 6,410.81 6,731.35 7,067.92 7,421.32 7,792.39
Fire Marshal / Haz Mat Specialist 6,410.81 6,731.35 7,067.92 7,421.32 7,792.39
Fire Captain/Paramedic 6,913.62 7,259.30 7,622.27 8,003.38 8,403.55
Fire Captain/Paramedic/HazMat
Spec.7,039.32 7,391.29 7,760.85 8,148.89 8,556.33
a. Steps B, C, D, and E may be paid upon completion of twelve months of employment at the preceding step
where the employee has demonstrated at least satisfactory job progress and normally increasing productivity,
and upon recommendation of the Department Head and approval of the City Manager.
b. Employees who are trained, qualified and assigned by the Fire Chief to E.M.T. Paramedic duties shall receive ten
percent (10%) more in base salary than those positions within the same classification without paramedic duties.
c. Employees who serve on the San Luis Obispo County Hazardous Incident Response Team (SLOHIRT) shall
receive two percent (2%) more in base salary than those positions within the same classification which do not serve
on SLOHIRT.
d. The Association and the City recognize that the Memorandums of Understanding in the years since 1998 have
been incremental steps in correcting salary inequities between Atascadero employees and the comparisons
within San Luis Obispo County. It is further recognized that the salary schedule is a continuing attempt to bring
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Atascadero salaries to the mean with the surveyed cities following the initial inequity adjustment, and may be
subject to change in future negotiations.
SECTION 4.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to $1,60 0 per fiscal year for books, tuition and related educational expenses for
attending college or other professional training, providing the coursework is job -related and the employee received a
passing grade.
SECTION 4.3 RETIREMENT
a. Employees are provided retirement benefits through the California Public Employees Retirement System
(CalPERS).
TIER 1
Sworn Safety Member employees including Firefighters, Fire Engineers, Fire Marshal/Code Enforcement
Officer and Fire Captains hired on or before July 14, 2012 are provided benefits pursuant to the 3% @ 50
Benefit Formula (Government Code Section 21362.2), Final Compensation 1 Year (G.C. Section 20042)
and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 0%4.3% (four point threezero
percent) of the Sworn Safety Member employee contribution of 9% (nine percent). Sworn Safety Member
employees will pay the remaining 4.7% (four point seven percent) of the employee contribution of 9%
(nine percent).
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TIER 2
Sworn Safety Member employees including Firefighters, Fire Engineers, Fire Marshal/Code Enforcement
Officer and Fire Captains hired between July 14, 2012 and December 31, 2012, and Sworn Safety Member
employees hired on or after January 1, 2013 who meet the definition of a Classic Member under CalPERS,
are provided benefits pursuant to the 3% @ 55 Benefit Formula (G.C. Section 2 1363.1), Final
Compensation 3 Year (G.C. Section 20037) and Unused Sick Leave Credit (G.C. Section 20965). The City
will pay 0%4.3% (four point threezero percent) of the Sworn Safety Member employee contribution of 9%
(nine percent). Sworn Safety Member employees will pay the remaining 4.7% (four point seven percent)
of the employee contribution of 9% (nine percent).
TIER 3
Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA), Sworn Safety
Member employees including Firefighters, Fire Engineers, Fire Marshal/Code Enforcement Officer and
Fire Captains hired on or after January 1, 2013 who meet the definition of a CalPERS new me mber under
PEPRA are provided benefits pursuant to the 2.7% @ 57 Benefit Formula (G.C. Section 7522.25(d)) with
Final Compensation 3 Year (G.C. Section 20037). The Sworn Safety Member employee will pay a
member contribution rate of 50% (fifty percent) of the expected normal cost rate.
b. The CalPERS retirement for Sworn Safety Members (as defined by CalPERS) includes Level Four (4) of the
1959 Survivor’s Benefit. The employees shall pay the monthly cost of the benefit.
c. Employee contributions shall be contributed to CalPERS on a pre-tax basis.
d. The City shall provide the Military Service Credit as Public Service(Section 21024 of the Government Code)
and Military Service Credit for Retired Persons (Section 21027 of the government Code), provided there is no
direct cost to the City.
SECTION 4.4 SICK LEAVE/STAY WELL PLAN
a. Unit members shall earn and use sick leave subject to the provisions of the City of Atascadero Personnel
System Rules. It is agreed that nothing herein shall be construed as providing any vested right, monetary or
otherwise, to any unused sick leave existing at time of discharge or voluntary separation from City service, except at
time of retirement in accordance with the City's Public Employees Retirement System contract.
b. Sick leave accumulates at a rate of 5.54 hours per pay period. There is no limit to the accumulation.
c. In any calendar year, up to 16 hours of sick leave may be used for personal reasons without explanation. These
hours are not intended as vacation time and may not be used to extend vacations.
d. Employees with 576.16 or more hours of accumulated sick leave shall be eligible for the Stay Well Bonus. The
Stay Well Bonus will be implemented as follows:
1. The sick leave pay-off will occur during fifty-two (52) week period beginning the first day after the second
pay period in October and ending on the last day of the second pay period in October of the following year
after an employee has accumulated and maintained 576.16 hours of sick leave.
2. Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-
third (1/3) of the unused annual allotment of sick leave. (The annual allotment is 144.04 hours).
3. Checks will be prepared by December 15 of each year.
SECTION 4.5 VACATION LEAVE
a. Employees shall be entitled to vacation leave consistent with the City Personnel System Rules.
b. It is agreed and understood that the taking of vacation shall be as scheduled by the Fire Chief subject to the
needs of the City.
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SECTION 4.6 HOLIDAYS
a. Employees shall receive five and 6/10 (5.6) shifts annually or 5.17 hours bi-weekly. Said holidays shall be
credited in accordance with procedures established by the Personnel Officer.
b. Holiday time may be used as either paid time off or paid in cash at the option of the employee with the approval
of the Fire Chief.
SECTION 4.7 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the July 2012 City Personnel System Rules.
The City shall provide up to twenty-four (24) hours of paid bereavement leave for non-Fire suppression personnel or
two (2) shifts of bereavement leave for Fire suppression personnel for bereavement purposes. Bereavement purposes
include (1) the death of a member of the employee’s immediate family, and (2) the critical illness of a mem ber of
the employee’s immediate family where death appears to be imminent. The amount of bereavement leave provided
under this section is twenty four (24) hours or two (2) shifts per family member.
The employee may be required to submit proof of a relative's death or critical illness before final approval of leave is
granted.
For purposes of this section, “immediate family” means: spouse or domestic partner, parent (including biological,
foster, or adoptive parent, a stepparent, or a legal guardian ), grandparent, grandchild, child (including biological,
foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in
loco parentis), brother, sister, aunt, uncle, son -in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law,
sister-in-law or significant other. Twenty-four (24) hours or two (2) shifts of the paid absence shall be considered
"bereavement leave", and any remaining time shall be from other paid time off available to the emp loyee.
When an employee has exhausted the bereavement leave provided in this section, the employee may submit a
request to his/her Department Head and request additional time off work. If approved, the employee must use their
other accrued paid leave. The employee may elect which accrued paid leave he/she shall use during the additional
leave. However, the employee may not use more than forty (40) hours of accrued sick leave for bereavement
purposes. If the additional leave approved by the Department Head is longer than forty (40) hours, the employee is
required to use accrued paid leave other than sick leave.
SECTION 4.8 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Fede ral law. All employees entitled to
military leave shall give the appointing power an opportunity within the limits of military regulations to determine
when such leave shall be taken.
SECTION 4.9 COMMON MESS ARRANGMENT
Unit employees under a common mess arrangement, agree to contribute to congregate meals at the station house in
the amount required to cover the cost of those meals, irrespective of whether the employee chooses to eat the meal.
SECTION 4.10 BILINGUAL PAY
The City shall pay an additional 2.5% of salary to those employees who are able to speak one of the top two non -
English languages as defined by the U.S. Census. A testing mechanism mutually agreed to by both parties will be
created to assess language abilities before qualifying for the incentive.
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ARTICLE V - HEALTH AND WELFARE
SECTION 5.1 HEALTH INSURANCE COVERAGE
a. For unit members who elect to have “Family” coverage, the City shall pa y an amount not to exceed
$1,328.901,433.33 per month for employees electing PPO Family coverage and no more than $1,321.45 per
month for employees electing HMO Family coverage. The City contribution shall go toward the cost of all
medical, dental, vision and life insurance benefit premiums for the unit member employee and dependents . City
shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee and fifty
percent (50%) of increased costs for dependents based upon HMO plan costs.
b. For unit members who elect to have ‘Employee +1” coverage, the City shall pay a an amount not to exceed
$1,199.421,286.45 per month for employees electing PPO Employee +1 coverage and no more than $1,009.06
per month for employees electing HMO Employee +1 coverage. The City contribution shall go toward the cost
of all medical, dental, vision and life insurance benefit premiums for the unit member employee and dependent .
City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee and
fifty percent (50%) of increased costs for the dependent based upon HMO plan costs.
c. For unit members who elect to have “Employee Only” coverage, the City shall pay an amount not to exceed
$924.07982.09 per month for employees electing PPO Employee Only coverage and no more than $843.16 per
month for employees electing HMO Employee Only coverage. The City contribution shall go toward the cost
of all medical, dental, vision and life insurance benefit premiums for the unit member employee . City shall pay
for increased costs to medical, dental, vision and life insurance premiums for the employee b ased upon HMO
plan costs.
Available funds remaining from the City’s contribution toward i nsurance coverage shall be paid to an employee
hired on or before September 1, 2000 as additional compensation.
d. The City shall provide term life insurance coverage for each employee in a total amount of fifteen thousand
dollars ($15,000) during the term of this agreement.
d.e. The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in a
total amount of one thousand dollars ($1,000) per dependent during the term of this agreement.
e.f. The Medical Insurance Committee shall be comprised of one representative from each of the bargaining units
(as designated by the bargaining unit) and one from the City. The Committee shall regularly review the health
plan and study health insurance issues including, but not limited to, Health Maintenance Organizations
(HMO’s), cost containment, etc., and make recommendations to the City Manager.
f.g. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with
applicable Internal Revenue Code provisions. The plan will enable an employee to, on a voluntary basis, cover
additional out of pocket premium expenses for insurance through pretax payroll dollars.
SECTION 5.2 UNIFORM ALLOWANCE
The purpose of the uniform allowance is for the purchase, replacement, maintenance and cleaning of uniform
clothing, including t-shirts and hats.
a. The City shall provide an annual uniform allowance of eight hundred fifty dollars ($850) for each Association
employee.
b. The City will make an up front lump-sum payment of the current fiscal year’s uniform allowance no later than
the second pay day in July.
c. Upon initial hire the employee will receive a prorated amount based upon the number of days remaining until
July 1. The City would at the same time advance the new employee an amount that, when added to his initial
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uniform allowance, would equal $850. The amount advanced upon hire would then be deducted from the
employee’s first full uniform allowance check received the following July. (Example: I f an employee worked
six months in the first fiscal year, he/she would receive $850 in that first year and $425 in the second fiscal
year. All subsequent years the employee would receive the full $850 until separation from the City.)
d. When an employee separates from the City, the uniform allowance will be prorated based upon the number of
days employed in the then current fiscal year and any amounts owed to the City will be deducted from his/her
final check.
SECTION 5.3 PROBATION
The length of the probationary period for employees covered under this MOU shall be in accordance with Rule 9 of July
2012 City of Atascadero Personnel System Rules. Each original and promotional appointment made to a position in the
competitive service shall be subject to a probationary period. The length of the original and promotional probationary
period shall each be at least 12 month of service in the position for all employees. At the discretion of the Department
Head and with the approval of the City Manager, the probationary period may be extended for a maximum of six
additional months when the Department Head has determined that the employee has not yet successfully completed
his/her probationary period.
SECTION 5.4 PROMOTIONAL OPPORTUNITIES
Upon completion of the probationary period, qualified employees in the classification of Firefighter will be provided an
opportunity to be examined and promoted to the classification of Fire Engineer provided there is a vacancy. There shall
be a maximum of ten (10) Fire Engineer positions funded.
ARTICLE VI – OTHER
SECTION 6.1 PHYSICAL FITNESS
The parties agree to establish a committee consisting of an equal number of representatives from the City and the
Association for the purpose of developing a physical fitness program that will be implemented in the Fire Department for
all employees in the unit. The committee will meet as needed to develop recommendations for the Fire Chief. The
physical fitness program will include the following elements: 1) Mandatory participation, 2) Established standards, and
3) City-provided physicals.
SECTION 6.2 HEALTH AND WELLNESS EXAMS
The City shall add to the Fire Department budget three hundred fifty dollars ($350) per full-time employee for
health and wellness exams according to the following schedule:
Annually for Fire Department safety personnel aged 40 and over
Every other year for Fire Department safety personnel aged 30-39
Every three years for Fire Department safety personnel aged 20 -29
The total amount budgeted will be coordinated in cooperation with the City. This amount will be paid directly to the
health care professional or medical group and not to the employe e.
SECTION 6.3 CELL PHONE REIMBURSEMENT
City agrees to reimburse each full-time employee a flat rate of nine dollars ($9.00) per month for the use of their
personal cell phone for City business. This amount will be paid once per year in a lump sum amount. Where
applicable, the months will be pro-rated.
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ARTICLE VII - CLOSING PROVISIONS
SECTION 7.1 TERM
The term of this MOU shall commence on July 1, 20132014, and expire on June 30, 20142015.
SECTION 7.3 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following representatives:
_______________________ _______________ ________________________
APF Local 3600 Date APF Local 3600 Date
CITY OF ATASCADERO
_______________________ _______________ ________________________
Mayor Date City Manager Date
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ATTACHMENT: 2
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING EMPLOYER PAID
MEMBER CONTRIBUTIONS FOR THE FULL-TIME EMPLOYEES IN
THE SAFETY-FIRE MEMBER CATEGORY
WHEREAS, the City Council of the City of Atascadero has the authority to implement
Government Code Section 20691; and
WHEREAS, the City Council of the City of Atascadero has a written labor policy or
agreement which specifically provides for the normal member contributions to be paid by the
employer; and
WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption
by the City Council of the City of Atascadero of a Resolution to commence said Employer Paid
Member Contributions (EPMC); and
WHEREAS, the City Council of the City of Atascadero has identified the following
conditions for the purpose of its election to pay EPMC
This benefit shall apply to all employees covered under the Classic Safety-Fire
Member category as defined by CalPERS
This benefit shall consist of paying 0% (zero percent) of the normal member
contributions as EPMC
The effective date of this benefit shall be July 12, 2014.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Atascadero elects to pay EPMC, as set forth above.
ITEM NUMBER: A-6
DATE: 10/14/14
ATTACHMENT: 2
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
By: _______________________________
Tom O’Malley, Mayor
ATTEST:
_____________________________
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
Office Assistant I 5 2,641.47 2,773.54 2,912.22 3,057.83 3,210.72
Account Clerk I 7 2,773.54 2,912.22 3,057.83 3,210.72 3,371.26
Maintenance Worker I 8 2,842.89 2,985.03 3,134.28 3,290.99 3,455.54
Zoo Facilities Maintenance Tech.
Zookeeper I
Office Assistant II 9 2,912.22 3,057.83 3,210.72 3,371.26 3,539.82
Zoo Education Curator
Account Clerk II 11 3,057.83 3,210.72 3,371.26 3,539.82 3,716.81
Central Receptionist
Office Assistant III
WWTP Operator in Training
Registered Veterinary Technician 12 3,134.28 3,290.99 3,455.54 3,628.32 3,809.74
Administrative Secretary 13 3,210.72 3,371.26 3,539.82 3,716.81 3,902.65
Administrative Support Assistant
Building Maintenance Specialist
Engineering Technician I
Maintenance Worker II
Zookeeper II
Technical Support Specialist 14 3,290.99 3,455.54 3,628.32 3,809.74 4,000.23
Police Records Technician SS14 3,301.17 3,466.23 3,639.54 3,821.52 4,012.60
Maintenance Worker II - Pesticide Appl.15 3,371.26 3,539.82 3,716.81 3,902.65 4,097.78
WWTP Operator I 16 3,455.54 3,628.32 3,809.74 4,000.23 4,200.24
Engineering Technician II 18 3,628.32 3,809.74 4,000.23 4,200.24 4,410.25
Recreation Coordinator
Senior Building Maintenance Specialist
Senior Zookeeper 19 3,716.81 3,902.65 4,097.78 4,302.67 4,517.80
Administrative Assistant 20 3,809.74 4,000.23 4,200.24 4,410.25 4,630.76
Finance Technician
Technical Trainer II
WWTP Operator II
Administrative Assistant - Confidential 20c 3,902.65 4,097.78 4,302.67 4,517.80 4,743.69
Finance Technician - Confidential
Support Services Technician SS21 3,914.72 4,110.46 4,315.98 4,531.78 4,758.37
Support Services Technician - EMD SS21E 3,964.72 4,162.96 4,371.11 4,589.67 4,819.15
Support Services Technician w/Longevity SS21L 4,110.46 4,315.98 4,531.78 4,758.37 4,996.29
Support Services Technician - EMD
with Longevity
SS21EL 4,160.46 4,368.48 4,586.90 4,816.25 5,057.06
Assistant Planner 22 4,000.23 4,200.24 4,410.25 4,630.76 4,862.30
Building Inspector I
Inspector
Senior Technical Support Specialist
Maintenance Leadworker 24 4,200.24 4,410.25 4,630.76 4,862.30 5,105.42
WWTP Operator III
Personnel Specialist- Confidential 24c 4,302.67 4,517.80 4,743.69 4,980.87 5,229.91
Accounting Specialist - Confidential
Management Analyst I- Confidential
Support Services Lead Technician SS24 4,213.22 4,423.88 4,645.07 4,877.32 5,121.19
SALARY WORKSHEET
MONTHLY
July 1, 2014 (Revised 10/14/14)
Page 1 of 3
ITEM NUMBER: A-6
DATE: 10/14/14
ATTACHMENT: 3
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
SALARY WORKSHEET
MONTHLY
July 1, 2014 (Revised 10/14/14)
Support Services Lead Technician
- EMD
SS24E 4,263.22 4,476.38 4,700.20 4,935.21 5,181.97
Support Services Lead Technician
w/ Longevity
SS24L 4,423.88 4,645.07 4,877.32 5,121.19 5,377.25
Support Services Lead Technician
- EMD with Longevity
SS24EL 4,473.88 4,697.57 4,932.45 5,179.07 5,438.02
GIS Analyst I 25 4,302.67 4,517.80 4,743.69 4,980.87 5,229.91
Property Evidence Specialist SS25 4,315.98 4,531.78 4,758.37 4,996.29 5,246.10
Property Evidence Specialist - EMD SS25E 4,365.98 4,584.28 4,813.49 5,054.16 5,306.87
Property Evidence Specialist
w/Longevity
SS25L 4,531.78 4,758.37 4,996.29 5,246.10 5,508.41
Property Evidence Specialist
- EMD with Longevity
SS25EL 4,581.78 4,810.87 5,051.41 5,303.98 5,569.18
Building Inspector II 26 4,410.25 4,630.76 4,862.30 5,105.42 5,360.69
Recreation Supervisor
Bldg Inspector / Plans Examiner 27 4,517.80 4,743.69 4,980.87 5,229.91 5,491.41
Building Maintenance Supervisor
Associate Planner 28 4,630.76 4,862.30 5,105.42 5,360.69 5,628.72
Firefighter F30 4,924.55 5,170.77 5,429.31 5,700.78 5,985.82
Firefighter/ Haz Mat Specialist F30H 5,023.04 5,274.19 5,537.90 5,814.80 6,105.54
Firefighter/Paramedic F30P 5,417.00 5,687.85 5,972.24 6,270.85 6,584.39
Firefighter/Paramedic/HazMat Spec.F30HP 5,515.49 5,791.26 6,080.82 6,384.86 6,704.10
Capital Projects Manager 31 4,980.87 5,229.91 5,491.41 5,765.98 6,054.28
Senior Building Inspector
Police Officer PD31 5,044.66 5,296.89 5,561.73 5,839.82 6,131.81
Police Officer - Intermediate POST PD31I 5,170.78 5,429.32 5,700.79 5,985.83 6,285.12
Police Officer - Advanced POST PD31A 5,296.89 5,561.73 5,839.82 6,131.81 6,438.40
Senior Property Evidence Specialist SS32 4,996.29 5,246.10 5,508.41 5,783.83 6,073.02
Senior Property Evidence Specialist - EMD SS32E 5,046.29 5,298.60 5,563.53 5,841.71 6,133.80
Senior Property Evidence Specialist
w/Longevity
SS32L 5,246.10 5,508.41 5,783.83 6,073.02 6,376.67
Senior Property Evidence Specialist
- EMD with Longevity
SS32EL 5,296.10 5,560.91 5,838.96 6,130.91 6,437.46
Support Services Supervisor SS33 5,246.10 5,508.41 5,783.83 6,073.02 6,376.67
Support Services Supervisor - EMD SS33E 5,296.10 5,560.91 5,838.96 6,130.91 6,437.46
Support Services Supervisor w/Longevity SS33L 5,508.41 5,783.83 6,073.02 6,376.67 6,695.50
Support Services Supervisor - EMD
with Longevity
SS33EL 5,558.41 5,836.33 6,128.15 6,434.56 6,756.29
Fire Engineer F33 5,296.90 5,561.75 5,839.84 6,131.83 6,438.42
Fire Engineer/ Haz Mat Specialist F33H 5,402.84 5,672.98 5,956.63 6,254.46 6,567.18
Fire Engineer/Paramedic F33P 5,826.59 6,117.92 6,423.82 6,745.01 7,082.26
Fire Engineer/Paramedic/HazMat Spec.F33HP 5,932.53 6,229.16 6,540.62 6,867.65 7,211.03
Corporal PD33 5,296.89 5,561.73 5,839.82 6,131.81 6,438.40
Corporal - Intermediate POST PD33I 5,429.31 5,700.78 5,985.82 6,285.11 6,599.37
Corporal- Advanced POST PD33A 5,561.73 5,839.82 6,131.81 6,438.40 6,760.32
Page 2 of 3
ITEM NUMBER: A-6
DATE: 10/14/14
ATTACHMENT: 3
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
SALARY WORKSHEET
MONTHLY
July 1, 2014 (Revised 10/14/14)
Senior Planner 34 5,360.69 5,628.72 5,910.16 6,205.67 6,515.95
Systems Administrator III
Public Works Operations Manager
Associate Civil Engineer 37 5,765.98 6,054.28 6,356.99 6,674.84 7,008.58
Associate Civil Engineer - Registered
Engineer
37E 6,342.58 6,659.71 6,992.70 7,342.34 7,709.46
Information Technology Manager M38 5,910.16 6,205.67 6,515.95 6,841.75 7,183.84
Zoo Director M39 6,138.04 6,444.94 6,767.19 7,105.55 7,460.83
Police Sergeant PD40 6,285.09 6,599.34 6,929.31 7,275.78 7,639.57
Police Sergeant - Advanced POST PD40A 6,442.22 6,764.33 7,102.55 7,457.68 7,830.56
Police Sergeant - Supervisory POST PD40S 6,599.34 6,929.31 7,275.78 7,639.57 8,021.55
Fire Captain F40 6,285.11 6,599.37 6,929.34 7,275.81 7,639.60
Fire Marshal
Fire Captain/ Haz Mat Specialist F40H 6,410.81 6,731.35 7,067.92 7,421.32 7,792.39
Fire Marshal / Haz Mat Specialist
Fire Captain/Paramedic F40P 6,913.62 7,259.30 7,622.27 8,003.38 8,403.55
Fire Captain/Paramedic/HazMat Spec.F40HP 7,039.32 7,391.29 7,760.85 8,148.89 8,556.33
Deputy Administrative Services Director M44 6,932.24 7,278.85 7,642.79 8,024.93 8,426.18
Deputy Community Development
Director
Deputy Public Works Director
Deputy City Manager
Deputy City Manager / City
Clerk
M44E 7,132.24 7,478.85 7,842.79 8,224.93 8,626.18
Police Commander PD49 7,825.92 8,217.22 8,628.08 9,059.48 9,512.45
Administrative Services Director M54 8,847.49 9,289.86 9,754.35 10,242.07 10,754.17
Community Development Director
Public Works Director
Police Chief PD59 9,988.07 10,487.47 11,011.84 11,562.43 12,140.55
Fire Chief F59 9,988.07 10,487.47 11,011.84 11,562.43 12,140.55
City Manager CM65 11,500.91 12,075.96 12,679.76 13,313.75 13,979.44
Page 3 of 3
ITEM NUMBER: A-6
DATE: 10/14/14
ATTACHMENT: 3
ITEM NUMBER: A-7
DATE: 10/14/14
Atascadero City Council
Staff Report – Public Works Department
Oakhaven Onsite Tract Improvements Acceptance
and Letter of Credit Release and Reduction
1155 El Camino Real
RECOMMENDATIONS:
Council:
1. Accept and certify the satisfactory completion of onsite tract improvements
related to Building Permit BLD 2006-05912, Tract 2614, Oakhaven Development;
and,
2. Authorize staff to release the Labor and Material Letter of Credit for $294,979.00,
and authorize the reduction of the Performance Letter of Credit for $589,958.00
to 10% of the original amount, or $58,996.00, for the one-year maintenance
warranty period; and,
3. Authorize staff to release the 10% Maintenance W arranty Letter of Credit upon
satisfactory completion of the one-year maintenance period; and,
4. Authorize staff to release the $6,800.00 monument bond after the City Engineer
confirms Tract 2614 surveying is complete.
DISCUSSION:
The Oakhaven Development Project is located at 1155 El Camino Real. The project
includes internal roads, sidewalks, utilities and other onsite improvements. Construction
of the buildings is covered under separate permits. The City Public Works Inspector
staff has observed the improvements and has determined that they are substantially
complete. The Developer’s engineer has also provided the City Engineer with a
substantial completion conformance letter and the as -built plans for the subdivision.
The City Engineer finds that the Tract 2614 improvements can now be accepted as
complete.
Municipal Code Section 11-8.19 (b) states that the Council shall, upon report by the City
Engineer, accept and certify the satisfactory completion of the improvement work prior
to any release of improvement security covering such work. The City Engineer has
ITEM NUMBER: A-7
DATE: 10/14/14
observed the completed work and is satisfied that it has been completed in accordance
with the City permitted plans. Municipal Code Section 11-8.19(a) allows the City
Engineer to retain a portion of the Improvement security to guarantee and warranty the
onsite improvements for one year. The City Engineer has determined that a 10%
Maintenance Letter of Credit that is 10% of the Original Performance Letter of Credit
would provide a reasonable security amount.
FISCAL IMPACT: None
ATTACHMENT: Exhibit A: Partial As-Built Plan Sheets
ITEM NUMBER: A-7
DATE: 10/14/14
Exhibit A
As-Built Plan Sheets Showing Development
1155 El Camino Real
Dan Silverie
ITEM NUMBER: A-7
DATE: 10/14/14
ITEM NUMBER: B-1
DATE: 10/14/14
Atascadero City Council
Staff Report - Community Development Department
Appeal of the Planning Commission’s Approval of the
Sylvester’s Tree Removal Permit
PLN 2014-1520
6455 El Camino Real / West Mall frontage
(Sylvester’s Burgers)
RECOMMENDATION:
Council adopt Draft Resolution A, denying the appeal and upholding Planning
Commission’s Tree Removal Permit approval to remove a potentially hazardous 64”
Coast Live Oak tree located at 6455 El Camino Real. The Planning Commission’s
conditions of approval include tree mitigation through payment of $1,066.67 to the
native tree fund; no on-site replanting is required of the applicant.
REPORT-IN-BRIEF:
An appeal application has been submitted regarding the Planning Commission’s
approval of the removal of a 64-inch DBH Coast Live Oak, located on the property
frontage of Sylvester’s Burgers restaurant across from the Sunken Gardens in the
Downtown. On September 2, 2014, the Planning Commission considered the condition
of the tree, the arborist’s risk assessment, and the plan for mitigation of the potential
removal. The Planning Commission voted 4-3 to approve the tree removal.
Commissioners Anderson, Bentz, and Schmidt opposed the motion. The Planning
Commission’s approval included conditions of approval which allow the applicant to
mitigate the tree removal by paying fees to the Native Tree Mitigation fund. No on-site
replanting was required by the Planning Commission.
The appeal was submitted by Council Member Fonzi on September 16, 2014, noting
that the appeal was to allow for further citizen input. Since the Planning Commission’s
approval of the tree removal, the City has received numerous calls from the public
expressing concern for losing the large tree. There have been several articles about the
tree written in the Atascadero News and the Tribune, and established social media
effort to save the tree.
ITEM NUMBER: B-1
DATE: 10/14/14
The subject tree was originally planted as part of the historic Atascadero Civic Center
around 1915 and it holds a prominent location at the corner of El Camino Real and
West Mall. After a large limb fell last year, the tree was evaluated by the City’s
consulting arborist and was given a risk rating of High to Severe Risk . The attached
arborist report outlines options to reduce the risk either by extensive trimming and
treatment to try to improve condition, or by removal of the tree.
April 15, 1919 photo of Downtown Atascadero. Small oak trees surrounding the Sunken Gardens are
visible.
DISCUSSION:
Situation and Facts
1. Appellant: City Council Member Roberta Fonzi
7880 Sinaloa Ave., Atascadero, CA 93422
2. Applicant: Brian Englund 6455 El Camino Real Atascadero, CA
93422
“Sylvester’s” tree
appears to be less
than 10 ft tall
ITEM NUMBER: B-1
DATE: 10/14/14
3. Property Owner: Gary Englund 6455 El Camino Real Atascadero, CA
93422, and City of Atascadero 6500 Palma Ave
Atascadero CA 93422
4. Project Address: West Mall frontage of property at 6455 El Camino
Real Atascadero, CA 93422
5. Certified Arborist: Michael Bova, Davey Resource Group
6005 Capistrano Unit A, Atascadero, CA 93422
6. General Plan Designation: Downtown (D)
7. Zoning District: Downtown Commercial (DC)
BACKGROUND:
The subject tree is a 64-inch DBH Coast Live Oak located near the northeast corner of
El Camino Real and West Mall across from the Sunken Gardens.
The tree is located within the City right-of-way along the property frontage of Sylvester’s
Burgers. Per the Atascadero Municipal Code, it is the responsibility of the property
owner to maintain the frontages of their property, including improvements and
landscaping (including native trees) within the right-of-way. The existing patio for
Sylvester’s restaurant is constructed within the right-of-way, permitted with a City
encroachment permit and agreement in 2008. The 2008 encroachment agreement
issued for the patio on the subject property reiterates this requirement for maintenance
of the tree and property frontage located in the right -of-way.
Last October, 2013, a large 18-inch diameter limb broke off the tree and fell along the
sidewalk. Luckily, no one was sitting or standing under the tree at the time. The limb
failure prompted the property owner to contact the City. The City’s consulting arborist,
Davey Resource Group, completed a risk assessment to determine the structural
stability and health of the tree (see Attachment 3.)
ITEM NUMBER: B-1
DATE: 10/14/14
The tree lined streets around the Sunken Gardens are a unique character defining
feature of downtown Atascadero. The large Coast Live Oak trees located on the
property frontages of West Mall and East Mall were originally planted about 100 years
ago, at the same time as the City Hall Administration Building was constructed. East
Mall and West Mall were originally established with 90-foot wide right-of-ways which
enable streetscape features and public space beyond the edge of the pavement.
Coast Live Oak trees on West Mall & East Mall
Planted as part of construction of the historic Atascadero Civic Center
ITEM NUMBER: B-1
DATE: 10/14/14
ANALYSIS:
Arborist Evaluation:
The City arborist’s assessment concluded that the tree is currently a risk rating of High
to Severe Risk. A modified ISA Risk Assessment process was completed, and a risk
rating between 8 and 9 out of a maximum of 10 was identified for the subject tree,
based on the recent large limb failure and high target value.
The arborist report identifies primary defects including decay, cavities, co-dominant
stems, signs of stress and a previous failure. Cankers on the trunk may be an
indication of internal decay and could be responsible for some of the decline. Drought
stress, impacts from the patio structure constructed in 2008, and poor past pruning of
the tree may be contributing factors to the tree’s decline. The risk rating for this tree is
based on the potential for future large limb failures similar to the recent one, rather than
whole tree failure.
The subject tree was previously inspected by Davey Resource Group in 2008 as part of
the outdoor patio installation for Sylvester’s restaurant. At that time, there was evidence
of significant and poor pruning by previous property owners. The tree was showing
evidence of stress and some decline. The recent 2013 inspection by Davey Resource
Group found that the overall condition of the tree has continued to decline since 2008.
Sucker growth continues to be the dominant foliage and some sucker growth has
declined or died completely. The large stubs and end cuts from the previous poor
pruning have not healed and continue to cause stress on the tree.
Based on the attached evaluation and further discussions with the arborist, there are
three (3) possible options to deal with the potentially hazardous tree. More detailed
costs and discussion of options will be provided by the arborist at the City Council
meeting:
Option 1: Removal of the tree
- Estimated cost of $3500 - $8500 (estimates vary by arborist and whether or
not stump grinding is included).
- Subject tree is 100 years old and will most likely continue to decline
- Given the high potential for another large limb failure and the tree’s location in
a high traffic area, removal of the tree is the only option to completely
eliminate the potential hazard
Option 2: Trimming and treatment measures to reduce risk
- Estimated cost of $5000 for initial mitigation work
- Includes removal of three (3) large lower limbs over the highest target areas,
end weight reduction, deep root fertilization, and mulching
- Pruning and treatment practices cannot guarantee success. Pote ntial for
future large limb failure would remain.
- Arborist would continue to monitor the tree for the next few years. An
ITEM NUMBER: B-1
DATE: 10/14/14
additional cost would be associated with monitoring
- If the tree’s condition does not improve in the next 2 -3 years, the tree would
come back to City Council for review of removal. Additional cost would be
incurred for removal at that time.
Option 3: Further testing to identify extent of decay
- Estimated cost $2000-$4000 for testing, which is in addition to trimming &
treatment or removal cost
- Additional technologies such as radar and aerial canopy surveys can be done
to measure the amount of decay and provide more information about the
current health of the tree.
- The tests would provide more information; however, they would not eliminate
the need to do mitigation trimming or removal of the 100 year old tree.
- The arborist has advised that the extent of decay can also be observed during
removal of the lower limbs with the trimming and treatment option. If
extensive decay is found in those limbs, additional measures or possible
removal may be advised by the arborist at that time.
Considerations for how to move forward include weighing the associated cost and the
level of potential risk for each option. The ultimate concern is the potential hazard to
customers at the restaurant and pedestrians in the right-of-way. With the tree’s
continued decline in health, past large limb failure, and signs of visible decay, another
failure is extremely likely. For these reasons, City staff, the property owner, and the
Planning Commission have taken the steps to move toward tree removal , as it is the
only way to completely eliminate the hazardous situation created by the 100 year old
failing oak tree.
Tree Mitigation for Removal
The Atascadero Municipal Code requires mitigation for all trees approved for removal.
The Tree Ordinance allows for either replanting of new native trees, or payment of
mitigation fees to the tree fund. Mitigation through either payment of fees or replanting,
or a combination of both, is assigned on a case by case basis with the tree removal
permit.
Based on the native tree replacement standards, removal of a 64 -inch DBH evergreen
native tree would require mitigation of either twenty-one (21) new 5-gallon oak trees
planted on site, or payment of $1,066.67 to the tree fund. The tree ordinance allows
multi-family and commercial projects to plant larger size specimens to reduce the
quantity of replacements required.
At the September 2, 2014 Planning Commission meeting, City Staff recommended
specific replanting requirements be implemented by the project applicant in order to
fulfill the tree mitigation requirement. At the meeting, the applicant requested that he be
allowed to mitigate by payment of fees to the tree fund, rather than replanting. The
ITEM NUMBER: B-1
DATE: 10/14/14
Planning Commission discussed the options and possible reuse of the area where the
existing tree is located. The Planning Commission approved the tree removal with
a condition to mitigate by payment of fees to the native tree fund; replanting
onsite was not required by the Planning Commission.
Based on the prominent location of the proposed removal and the need to replace the
urban tree canopy around the Sunken Gardens, City Staff’s recommendation to the
Planning Commission was to mitigate by replanting one (1) new 24-inch box size
Coast Live Oak in place of the removed tree. A 24-inch box tree is young enough to
adapt to the new environment when replanted, and yet will be large enough to look like
a tree for appearance purposes in this high traffic area. The City arborist has
determined that following stump grinding, a new tree could b e planted in the same
location and will thrive as the old tree roots decay. Irrigation to the new tree, as well as
supplemental native shrubs that would help the oak tree thrive, are recommended to be
installed in the existing planter to complete the landscape on the property frontage .
Given the limited planting area available on site, Staff recommends that the additional
cost associated with grinding out the stump of the existing tree and preparing the site for
replanting substitute for any additional mitigation fees and therefore fulfill the mitigation
requirement. Mitigation by replanting is provided as City Council Alternative 1 which
includes Draft City Council Resolution B.
Tree Removal Permit Findings
In considering any tree removal request, at least one of the required findings identified
in the Native Tree Ordinance must be made.
(i) The tree is dead, diseased or injured beyond reclamation, as certified by a
tree condition report from an arborist; or
(ii) The tree is crowded by other healthier native trees; thinning (removal) would
promote healthier growth in the trees to remain, as certified by a tree
condition report from an arborist; or
(iii) The tree is interfering with existing utilities and/or structures, as certified by a
report from the site planner; or
(iv) The tree is inhibiting sunlight needed for existing and/or proposed active or
passive solar heating or cooling, as certified by a report from the site
planner; or
(v) The tree is obstructing proposed improvements that cannot be reasonably
designed to avoid the need for tree removal, as certified by a report from the
site planner and determined by the Community Development Department
based on the following factors:
a. Early consultation with the City,
b. Consideration of practical design alternatives,
c. Provision of cost comparisons (from applicant) for practical design
alternatives,
d. If saving tree eliminates all reasonable use of the property, or
e. If saving the tree requires the removal of more desirable trees.
ITEM NUMBER: B-1
DATE: 10/14/14
Staff has identified finding (i) as appropriate for the current tree removal request. This
finding was made by the Planning Commission in their approval of the tree removal
permit on September 2, 2014.
If the City Council decides to grant the appeal application and deny the tree removal
request, the City Council should find that the subject tree can be rehabilitated. Staff
believes that it is possible to make this finding if the mitigation measures for trimming
and treatment recommended by the arborist are incorporated, and if ongoing monitoring
is done to ensure that the currently hazardous situation improves. However, the City
Council should provide direction allowing staff to approve an emergency removal if a
significant defect in the tree is discovered during mitigation pruning. If the tree’s
condition does not improve and risk rating remains high, then the tree removal request
will be brought back to the City Council for reconsideration of complete removal.
Conclusion: On September 2, 2014, the Planning Commission voted 4-3 to approve the
removal of a potentially hazardous tree located near the Sunken Gardens at the corner
of W est Mall and El Camino Real. The subject tree has been given a hazard rating of
High to Severe Risk. The City arborist has identified mitigation measures that could be
implemented to try to improve the health of the tree and reduce risk. However, the only
way to eliminate the risk is to completely remove the 100 year old oak tree.
An appeal of the Planning Commission’s decision was submitted by Council Member
Fonzi in order to allow for further citizen input. The City Council may decide to (1)
uphold the Planning Commission decision; or, (2) uphold the Commission’s approval of
removal with modified mitigation to include replanting on site; or, (3) deny the removal
permit and require measures to reduce risk in an effort to save the tree. The Council
may also send the request back to Staff to obtain further information, which could
include further testing and studies of the tree.
ALTERNATIVES:
Alternative 1: Staff’s original recommendation to Planning Commission.
Council adopt Draft Resolution B, denying the a ppeal and upholding the Planning
Commission’s Tree Removal Permit approval, subject to modified conditions of
approval. Draft Resolution B includes conditions of approval which would require the
applicant to mitigate the tree removal by replanting one (1) new 24-inch box size tree in
place of the removed tree, with irrigation and additional native landscape plantings to fill
the existing planter area. The Council may adopt Draft Resolution B with additional or
modified conditions of approval.
ITEM NUMBER: B-1
DATE: 10/14/14
Alternative 2: Tree Safety Mitigation Plan
Council adopt Draft Resolution C, granting the appeal and denying the Tree Removal
Permit, subject to a tree safety mitigation plan which includes treatment and trimming to
improve the condition of the tree. Draft Res olution C outlines the measures
recommended by the City arborist to try to reduce the hazard risk rating of the tree. The
responsible party (property owner or City) and timeframe for completing these
measures should be identified by the City Council in th e resolution. Implementing
measures to try to save the tree does not completely eliminate the risk of future limb
failures or possible need for future removal. The City Council should provide direction
allowing staff to approve an emergency removal if a significant defect in the tree is
discovered during mitigation pruning (refer to Draft Resolution C, condition 4).
Alternative 3: Request Additional Analysis and Testing of Tree
The Council may refer the item back to staff and the City arborist for addi tional
information or analysis. Direction should be given to staff on required information.
Additional diagnostic testing could be completed to identify the amount of decay within
the tree; however, these tests are expensive and may not yield useful info rmation
regarding the condition of the tree. Given the hazardous situation which exists by
leaving the tree in its current state, the item will be rescheduled for Council review as
soon as possible.
FISCAL IMPACT:
The City will receive $1,066.67 into the Native Tree Fund, a payment for tree mitigation.
The subject 64-inch Coast Live Oak tree is located within the City right-of way on the
West Mall frontage. Per the Atascadero Municipal Code, it is the responsibility of the
property owner to maintain the frontages of their property, including sidewalks,
improvements, landscaping, and native trees within the right-of-way. Therefore, it is the
Sylvester’s property owners’ responsibility to maintain the subject tree, and if needed,
process removal of the tree, including mitigation.
Given the context of the subject tree and its prominent location in the downtown on City
owned property, the City Council may choose to participate in some part of the
maintenance or mitigation of this tree. City participati on is at the discretion of the City
Council, and could be to try to save the tree through treatment measures and continued
monitoring, or it could be by replanting or creation of a long term regeneration plan.
Council should be aware that City financial p articipation may be perceived as a
precedent for other trees within the City.
Detailed costs and further discussion of options will be provided by the City’s consulting
arborist at the City Council meeting. The City could choose to participate in these
options, or require the property owner complete the maintenance and mitigation in
ITEM NUMBER: B-1
DATE: 10/14/14
accordance with Municipal Code standards:
Option 1: Removal of the tree
- Estimated cost of $3500 - $8500 (estimates vary by arborist and whether or
not stump grinding is included).
Option 2: Trimming and treatment measures to reduce risk
- Estimated cost of $5000 for initial mitigation work
- Continued arborist monitoring over next few years (additional cost)
- Tree may ultimately still need to be removed at a cost of $3500 - $8500 if
condition does not improve
Option 3: Further testing to identify extent of decay
- Estimated cost $2000-$4000 for testing
- Trimming & treatment or removal cost would be in addition to testing
Replanting on Sylvester’s site
- Cost TBD (estimate to be presented at City Council meeting)
- Grind out existing stump and prepare site for replanting
- Irrigation installation
- Purchase of new 24-gallon live oak & supplemental native plantings
- Labor to install new tree & supplemental plantings
ATTACHMENTS:
Attachment 1 – Location Map (Zoning)
Attachment 2 – Aerial Photo
Attachment 3 – Arborist Assessment
Attachment 4 – Draft Resolution A: Upholding Planning Commission’s approval of
Tree Removal Permit 2014-0176
Attachment 5 – Draft Resolution B: Upholding Planning Commission’s approval of
the tree removal with modified conditions of approval to require
replanting onsite
Attachment 6 –Draft Resolution C: Granting the Appeal and denying the tree
removal, subject to mitigation measures to reduce hazard risk
ITEM NUMBER: B-1
DATE: 10/14/14
ATTACHMENT 1: Location Map (Zoning Map)
PLN 2014-1520/TRP 2014-0176
General Plan Designation: Downtown (D)
Zoning District: Downtown Commercial (DC)
Location of 64” Live Oak
proposed of removal
ITEM NUMBER: B-1
DATE: 10/14/14
ATTACHMENT 2: Aerial Photo
PLN 2014-1520/TRP 2014-0716
Location of 64” Live Oak
proposed of removal
Other remaining 100 year old
Coast Live Oak trees on
East Mall and West Mall
ITEM NUMBER: B-1
DATE: 10/14/14
Attachment 3: Arborist Report
PLN 2014-1520/TRP 2014-0176
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DATE: 10/14/14
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ITEM NUMBER: B-1
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Attachment 4: Draft Resolution A
Upholding Planning Commission’s approval of Tree Removal Permit 2014-0176
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA UPHOLDING THE
PLANNING COMMISSIONS APPROVAL OF
PLN 2014-1520 / TRP 2014-0176, TO ALLOW THE REMOVAL OF ONE (1)
HAZARDOUS COAST LIVE OAK TOTALING 64 INCHES DBH
LOCATED AT 6455 EL CAMINO REAL
(ENGLUND / SYLVESTER’S)
WHEREAS, an application was received from Brian Englund, (Applicant) 6455 El
Camino Real, Atascadero, CA 93422, and by Gary Englund (owner) 6455 El Camino Real,
Atascadero, CA 93422, for a Tree Removal Permit to remove one (1) hazardous Coast Live Oak
totaling 64-inches DBH; and,
WHEREAS, the subject tree is a 64-inch DBH Coast Live Oak which was planted as
part of the design and original construction of the historic Atascadero Civic Center during
establishment of the Atascadero Colony, and has created a tree lined streetscape and urban tree
canopy on West Mall and East Mall which is a unique character defining feature of the City’s
core; and,
WHEREAS, the subject tree has been identified as a potential hazard by the City
arborist, with a risk rating of High to Severe Risk, based on previous large limb failure and high
target value, including people and property in the immediate vicinity of the tree; and,
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on September 2, 2014, at 7:00 p.m. and considered testimony and reports from staff,
the applicant, and the public; and,
WHEREAS, an appeal of the project was submitted to the City of Atascadero within the
14 day project appeal period by Council Member Roberta Fonzi (7880 Sinaloa Avenue,
Atascadero, CA 93422), and,
WHEREAS, the City Council of the City of Atascadero, reviewed the proposed Tree
Removal Permit application and heard the appeal on October 14, 2014, at 6:00 p.m. and
considered testimony and reports from staff, the applicants, and the public; and,
NOW, THEREFORE, the City Council of the City of Atascadero takes the following
actions:
ITEM NUMBER: B-1
DATE: 10/14/14
SECTION 1. Findings upholding Planning Commission’s approval of Tree Removal
Permit 2014-0176. The City Council finds as follows:
The tree is dead, diseased or injured beyond reclamation, as certified by a tree
condition report from an Arborist
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session
assembled on October 14, 2014, resolved to uphold the Planning Commission’s approval of Tree
Removal Permit 2014-0176, subject to the following:
EXHIBIT A: Conditions of Approval
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
By:______________________________
Tom O’Malley, Mayor
ATTEST:
_______________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
_______________________________________
Brian A. Pierik, City Attorney
ITEM NUMBER: B-1
DATE: 10/14/14
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
PLN 2014-1520/TRP 2014-0176
Conditions of Approval
PLN 2014-1520/TRP 2014-0176
Sylvester’s Tree Removal; 6455 El Camino Real
Timing
FM; Final Map
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
1. The applicant and/or subsequent owners shall defend, indemnify, and hold
harmless the City of Atascadero or its agents, officers, and employees against
any claim or action brought to challenge an approval by the City, or any of its
entities, concerning the proposed project.
Ongoing PS
2. Prior to the removal of the 64” Coast Live Oak tree, the applicant shall
pay mitigation fees in the amount of $1066.67 to the City of Atascadero’s
Native Tree Fund.
Prior to Tree
Removal
PS
ITEM NUMBER: B-1
DATE: 10/14/14
Attachment 5: Draft Resolution B
Upholding Planning Commission’s approval of Tree Removal Permit 2014-0176, with
modified conditions of approval to require replanting onsite
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA UPHOLDING THE
PLANNING COMMISSIONS APPROVAL OF
PLN 2014-1520 / TRP 2014-0176, TO ALLOW THE REMOVAL OF ONE (1)
HAZARDOUS COAST LIVE OAK TOTALING 64 INCHES DBH
LOCATED AT 6455 EL CAMINO REAL
(ENGLUND / SYLVESTER’S)
WHEREAS, an application was received from Brian Englund, (Applicant) 6455 El
Camino Real, Atascadero, CA 93422, and by Gary Englund (owner) 6455 El Camino Real,
Atascadero, CA 93422, for a Tree Removal Permit to remove one (1) hazardous Coast Live Oak
totaling 64-inches DBH; and,
WHEREAS, the subject tree is a 64-inch DBH Coast Live Oak which was planted as
part of the design and original construction of the historic Atascadero Civic Center during
establishment of the Atascadero Colony, and has created a tree lined streetscape and urban tree
canopy on West Mall and East Mall which is a unique character defining feature of the City’s
core; and,
WHEREAS, the subject tree has been identified as a potential hazard by the City
arborist, with a risk rating of High to Severe Risk, based on previous large limb failure and high
target value, including people and property in the immediate vicinity of the tree; and,
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on September 2, 2014, at 7:00 p.m. and considered testimony and reports from staff,
the applicants, and the public; and,
WHEREAS, an appeal of the project was submitted to the City of Atascadero within the
14 day project appeal period by Council Member Roberta Fonzi (7880 Sinaloa Avenue,
Atascadero, CA 93422), and,
WHEREAS, the City Council of the City of Atascadero, reviewed the proposed Tree
Removal Permit application and heard the appeal on October 14, 2014, at 6:00 p.m. and
considered testimony and reports from staff, the applicants, and the public; and,
NOW, THEREFORE, the City Council of the City of Atascadero takes the following
actions:
ITEM NUMBER: B-1
DATE: 10/14/14
SECTION 1. Findings upholding Planning Commission’s approval of Tree Removal
Permit 2014-0176. The City Council finds as follows:
The tree is dead, diseased or injured beyond reclamation, as certified by a tree
condition report from an Arborist
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session
assembled on October 14, 2014, resolved to uphold the Planning Commission’s approval of Tree
Removal Permit 2014-0176, subject to the following:
EXHIBIT A: Conditions of Approval
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
By:______________________________
Tom O’Malley, Mayor
ATTEST:
_______________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
_______________________________________
Brian A. Pierik, City Attorney
ITEM NUMBER: B-1
DATE: 10/14/14
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
PLN 2014-1520/TRP 2014-0176
Conditions of Approval
PLN 2014-1520/TRP 2014-0176
Sylvester’s Tree Removal; 6455 El Camino Real
Timing
FM; Final Map
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
1. The applicant and/or subsequent owners shall defend, indemnify, and hold
harmless the City of Atascadero or its agents, officers, and employees against
any claim or action brought to challenge an approval by the City, or any of its
entities, concerning the proposed project.
Ongoing PS
2. The applicant shall mitigate the tree removal by replanting on site. The
applicant shall replant one (1) new 24-inch box size Coast Live Oak, and
supportive native shrubs.
The existing stump shall be ground out to provide adequate area for
planting the new tree. To improve tree survival, planting shall be done
according to the planting detail in Exhibit B, and verified on site by the
consulting arborist.
Irrigation shall be provided to the new tree and native shrubs. Area shall
be properly mulched around the tree to improve soil condition and retain
soil moisture
Tree removal PS
3. The new tree replanted on site shall be monitored by site inspections by
the City during a four (4) year establishment period. The applicant shall
replant if the original replacement tree does not survive.
Ongoing PS
4. Additional landscape plantings, including native shrubs, ground cover and
mulch shall be installed in the planter area of the removed tree to complete
the frontage landscape and help the new oak tree thrive. Supplemental
plant location and species shall be approved by the project arborist to
ensure compatibility with the new Coast Live Oak tree.
Tree removal PS
ITEM NUMBER: B-1
DATE: 10/14/14
EXHIBIT B: Tree Replanting Detail
PLN 2014-1520/TRP 2014-0176
ITEM NUMBER: B-1
DATE: 10/14/14
Attachment 6: Draft Resolution C
Granting the Appeal and Denying Tree Removal Permit 2014-0176, subject to mitigation
measures to reduce hazard risk rating
DRAFT RESOLUTION C
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA GRANTING THE APPEAL OF
PLN 2014-1520 / TRP 2014-0176, AND DENYING THE REMOVAL OF
ONE (1) COAST LIVE OAK TOTALING 64 INCHES DBH
LOCATED AT 6455 EL CAMINO REAL
(ENGLUND / SYLVESTER’S)
WHEREAS, an application was received from Brian Englund, (Applicant) 6455 El
Camino Real, Atascadero, CA 93422, and by Gary Englund (owner) 6455 El Camino Real,
Atascadero, CA 93422, for a Tree Removal Permit to remove one (1) hazardous Coast Live Oak
totaling 64-inches DBH; and,
WHEREAS, the subject tree is a 64-inch DBH Coast Live Oak which was planted as
part of the design and original construction of the historic Atascadero Civic Center during
establishment of the Atascadero Colony, and has created a tree lined streetscape and urban tree
canopy on West Mall and East Mall which is a unique character defining feature of the City’s
core; and,
WHEREAS, the subject tree has been identified as a potential hazard by the City
arborist, with a risk rating of High to Severe Risk, based on previous large limb fai lure and high
target value, including people and property in the immediate vicinity of the tree; and,
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on September 2, 2014, at 7:00 p.m. and considered testimony and reports from staff,
the applicants, and the public; and,
WHEREAS, an appeal of the project was submitted to the City of Atascadero within the
14 day project appeal period by Council Member Roberta Fonzi (7880 Sinaloa Avenue,
Atascadero, CA 93422), and,
WHEREAS, the City Council of the City of Atascadero, reviewed the proposed Tree
Removal Permit application and heard the appeal on October 14, 2014, at 6:00 p.m. and
considered testimony and reports from staff, the applicants, and the public; and,
ITEM NUMBER: B-1
DATE: 10/14/14
NOW, THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings for denial of Tree Removal Permit 2014-0176. The City
Council finds as follows:
1. The subject tree is not dead, diseased or injured beyond reclamation, as certified by a tree
condition report from the Arborist. Mitigation measures to improve the condition of the
tree shall be completed in a timely manner to reduce the hazard risk chance of future
large limb failure.
SECTION 2. Denial. The City Council of the City of Atascadero, in a regular session
assembled on October 24, 2014, resolved to grant the appeal and deny the Tree Removal Permit
2014-0176, subject to implementation of mitigation to reduce hazard risk as identified in the
following:
EXHIBIT A: Mitigation Plan to Reduce Risk
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
By:______________________________
Tom O’Malley, Mayor
ATTEST:
_______________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
_______________________________________
Brian A. Pierik, City Attorney
ITEM NUMBER: B-1
DATE: 10/14/14
EXHIBIT A: Mitigation Plan to Reduce Risk Without Tree Removal
PLN 2014-1520/TRP 2014-0176
Mitigation Plan to Reduce Risk Without Tree Removal
PLN 2014-1520/TRP 2014-0176
Sylvester’s Tree; 6455 El Camino Real
Timing
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
CA: City Attorney
1. The applicant and/or subsequent owners shall defend, indemnify, and hold
harmless the City of Atascadero or its agents, officers, and employees against
any claim or action brought to challenge an approval by the City, or any of its
entities, concerning the proposed tree.
Ongoing PS / CA
2. Mitigation measures to improve the health of the tree shall be completed in
accordance with the City Arborist recommendations, including the
following:
i. Remove 3 lower limbs back to main trunk; one over patio, one over
parking area and one over street
ii. Reduce end weight by properly pruning and repairing branches over
street, patio and parking area
iii. Repair failed limb by pruning back to branch collar just above main
crotch. (Note, it is unlikely this wound will heal and will eventually create
more decay within the main trunk)
iv. Thin sucker growth and remove dead branches
v. Properly mulch the small planter area around the tree to improve soil
condition and retain soil moisture
vi. Deep root fertilize annually with a slow release balanced fertilizer
vii. Consider a root collar inspection and laboratory inspection of ti ssue and
soil for presence of disease
The identified measures shall be implemented under the supervision of the
City arborist
As Specified
by City
Council
As Specified by
City Council
3. After mitigation measures are performed, a subsequent risk
assessment shall be completed by the City arborist to determine new
risk rating.
The tree shall be monitored by the City arborist for a period of at least
two (2) years.
If the tree’s condition does not improve with the completion of
identified mitigation measures, the tree removal request will be brought
back to the City Council for reconsideration.
As Specified
by City
Council
As Specified by
City Council
4. If the City arborist discovers significant structural defects in the tree
during mitigation pruning, that increases the tree’s hazard rating, the
Community Development Director shall be authorized to issue an
emergency Tree Removal Permit without further Council review.
On-Going PS
ITEM NUMBER: C-1
DATE: 10/14/14
Atascadero City Council ____________
Staff Report - City Manager
Resolution Reaffirming Council Intent Regarding meaning of
“Repairing and Maintaining Neighborhood Roads and Other
Roadways”
RECOMMENDATION:
Council adopt Draft Resolution A reaffirming City Council intent regarding the meaning
of the phase “repairing and maintaining neighborhood roads and other roadways” as
referenced in the Advisory Measure.
DISCUSSION:
On June 24, 2014 the Council voted to place a general sales tax measur e on the
November ballot. At the same time, the Council voted to place an Advisory Measure on
the ballot asking voters whether or not the funds should be used for or the purpose of
repairing roads. The language adopted by Council for Measure E-14 reads as follows:
ADVISORY VOTE ONLY
If the voters of the City of Atascadero approve a one half cent limited term
general sales tax increase, should the additional revenues be used
for the purpose of repairing and maintaining neighborhood roads and other roadway s?
Since placing the Advisory Measure on the ballot, community members have asked
many questions regarding the intent of the Advisory Measure language. While the
advisory vote is not binding, it is important that the voters have a clear understanding of
the current Council’s intent regarding the Advisory Measure language.
The Advisory Measure contains language asking if the funds should be used for
“…repairing and maintaining neighborhood roads and other roadways .” Because the
Advisory Measure is advisory in nature and does not have a Council adopted ordinance,
there is no formally adopted definition. However definitions and intents as expressed in
the June 24, 2014 Staff Report and were developed based on numerous Council
reports, strategic planning sessions and Council agenda items about road conditions.
ITEM NUMBER: C-1
DATE: 10/14/14
The Council could, through the budget process, if the sales tax measure passes,
allocate funds derived from the sales tax to the repair and maintenance of neighborhood
roads and other roads consistent with the meaning of that phase as described in the
June 24, 2014 Staff Report and related Power Point Presentation.
June 24, 2014 Staff Report
In the June 24, 2014 Staff Report at pages 6 to 7 , the City Council was presented with
the following explanation with regard to the meaning of the phrase “repairing and
maintaining neighborhood roads and other roadways:
“What does road “repairing and maintaining” mean? Road repair projects are
typically larger road projects that repair or rehabilitate the road. These projects
may include cold in-place recycling, hot-mix asphalt overlays and isolated, partial
and/or full-depth road reconstruction. Road maintenance projects are also
typically large projects that are designed to preserve those roads that a re in good
or fair condition. These projects may include asphalt crack sealing, chip sealing,
slurry or micro-surfacing, In this case, “repairing and maintaining” would not
include routine maintenance such as isolated pothole repair, shoulder
maintenance, vegetation control, striping projects, street crew staffing costs or
normal sign replacement. Nor would it typically include projects to significantly
widen or increase the capacity of roads, bikeways, trails or sidewalks.
What does neighborhood roads and other roadways mean? All City roads are
classified into three categories: local, collectors and arterials.
Local roads typically only serve those lots directly fronting the road and
not through traffic. These would be considered neighborhood roads and
include such roads as Tunitas Avenue, Palomar Avenue, Nogales
Avenue, and Carmelita Road.
Collector roads funnel local traffic from neighborhood roads to arterial
streets. These roads would be considered “other roadways” and would
include such roads as Santa Lucia Road, Del Rio Road, and Curbaril
Avenue.
Arterial roads carry the largest amount of traffic and would also be
considered “other roadways”. Arterials include such roads as El Camino
Real and Traffic Way.
Would other costs such as drainage repairs be included? Control of surface
drainage is critical to pavement maintenance; therefore drainage repairs
necessary to preserve/protect/repair the surface of the road would be included in
the costs of a road repair project.
Would bridge repairs be included? Bridges are an important part of the roadway
system. A bridge structure typically lasts 50-75 years without major
rehabilitation. The asphalt/pavement on the bridge will require maintenance
more often than the structure itself. The bridge structu re, however, does
ITEM NUMBER: C-1
DATE: 10/14/14
periodically require maintenance. Maintaining the asphalt/pavement on the
bridge structure without providing funds for maintenance of the structure itself
could eventually lead to bridge failure. The City has historically used federal grant
funds (with City matching funds) to rehabilitate bridge structures. The City will
continue to look for bridge and road grant opportunities, potentially using the
sales tax proceeds as a local match.
Will administration and overhead be charged to the projects? It is the City’s
current practice that staff time spent working directly on the project is charged to
the project. Staff time is charged for such things as design, bidding, inspection,
construction engineering and contractor oversight. Staff currently completes
project time cards that detail the time spent on the project and what work was
performed during that time. General administration, oversight, and overhead are
not charged to projects.
What other “non-road” costs might be included? Federal American with
Disabilities Act regulations now REQUIRE that any deficient disabled access
improvements within the project area must be improved to eliminate barriers.
This means that if we are doing a road improvement project and there are
sidewalks in the area that do not meet current ADA code, we MUST as part of
the project bring those up to current standards. If there are no sidewalks, we are
not required to install new facilities as part of the project.”
If adopted, Draft Resolution A would conf irm this understanding of the meaning of
“repairing and maintaining neighborhood roads and other roadways.”
June 24, 2014 Power Point Presentation
The Power Point on the potential sales tax measure that was presented to the City
Council at their June 24, 2014 meeting contained slides that also attempted to clarify
the understanding of the language in the Advisory Measure. The Power Point
contained the following slides:
Slide 29
ITEM NUMBER: C-1
DATE: 10/14/14
Slide 30
Slide 31
Slide 32
ITEM NUMBER: C-1
DATE: 10/14/14
Slide 33
While very similar to the language provided in the staff report, the Power Point
presentation slides further define the understanding of the Advisory Measure.
Provisions in the Ballot Measure
The sales tax measure is a general sales tax measure and the proceeds may be used
for any City purpose, regardless of the outcome of the advisory vote. Based on the
input received from the Council and the community throughout the process, it was clear
that Council wanted to include several provisions in the sales tax ordinance including
the following:
Advisory Measure
The general sales tax ballot measure is coupled with an Advisory Measure. The
trend in the industry for local general sales tax measures is to include an
Advisory Measure with the tax measure. An advisory question is a type of ballot
measure in which citizens vote on a non-binding question. This allows voters to
have a say in how the additional revenues should be spent. While the Advisory
Measure is not legally binding on the City, it is viewed as clear direction from the
citizens to the City Council on where the voters would like to see the funds spent.
Because repair and maintenance of the City’s existing roads is the City’s biggest
need, an Advisory Measure was placed on the ballot asking if the funds should
be spent primarily on the repair and maintenance of the City’s neighborhood
roads and other roadways. As stated above, Council is being asked to affirm the
intent of this language.
ITEM NUMBER: C-1
DATE: 10/14/14
Citizen Oversight Committee
A Citizen oversight committee is included as part of the ballot measure. Citizen
oversight committees can also be popular with the electorate. An oversight
committee is often comprised of a group of citizens whose purpose is to analyze
how new tax monies are being spent. The ballot measure provides for a Citizen
oversight committee that is not dominated by City Council appointments, but
rather by the community. The ordinance contains language stating that the
committee would consist of two Council appointed members (citizens at large)
and 7 members appointed by individual community groups (ie, Chamber o f
Commerce, Kiwanis, etc.) If the sales tax is passed by the electo rate, bylaws for
the committee would need to be adopted by Council. The bylaws would clearly
spell out how the community groups appointing members of the committee would
be selected.
Annual Road Report
The ballot measures requires that an annual report stating where the funds were
spent be produced and distributed annually. It is important that the public be able
to see where the funds are being spent in order to give assurance that the funds
are being spent properly. Because the tax is a general sales tax, any proceeds
from the sales tax will have to be deposited into the City’s general fund. Because
of this, the revenues and expenditures from this sales tax measure may be more
difficult to discern in the large standard financial reports that the City currently
produces. The ordinance, therefore, contains language that states that the City
shall produce an annual road report that shows the fiscal year revenues from the
tax, fiscal year expenditures of the tax, and any remaining balances to be carried
over into the next fiscal year. The report will be reviewed by the Citizen
Oversight Committee and then forwarded to the City Council along with any
findings or recommendations made by the Oversight Committee. The report
would also be widely distributed to the public, through such means as the
Recreation Guide, website, mailers and/or other methods.
Sunset Clause
The ballot measure contains a 12 year sunset clause. Sunset clauses provide
that a tax measure ends or “sunsets” after a certain period of time. The draft
ordinance contains a 12-year sunset period. Because there is a lag time to start
the program, begin receiving funds and design the first project, the 12 -year
period would allow 10 years of pavement projects prior to being placed back on
the ballot for re-up. The twelve year period is the same period that neighboring
Paso Robles currently has on their “road tax” and is appropriate for a road
program.
ITEM NUMBER: C-1
DATE: 10/14/14
Conclusion
The maintenance, funding and condition of the City’s infrastructure, parti cularly roads,
have been a critical concern of the City Council for some time. As part of the 2013 -
2015 budget, the Council allocated funds to conduct a poll to determine if potential
voters were supportive of a one half cent (0.5%) sales tax increase to fund infrastructure
repairs.
At the February 1, 2014, Council strategic planning session, the Council discussed
critical infrastructure needs such as roads, storm drains, parks and zoo infrastructure,
and facilities infrastructure. Based on that discussion, poll questions were formulated
and the poll was conducted in March to gauge citizen’s interest in the various
infrastructure needs. The poll was completed and the results were shared during the
April 22, 2014, Council meeting. Overall poll results showed there is strong community
interest in a general sales tax measure, particularly if the proceeds of the sales tax were
to go primarily to roads. Based on this community interest, Council directed staff to
reach out to the community with an education campaign and to receive input from the
community about a potential sales tax measure for roads. On June 24, 2014, the
Council voted 5-0 placing both a general sales tax ballot measure and an Advisory
Measure on the November 4, 2014, ballot.
Since that time, community questions have arisen regarding the intent of the language
in the Advisory Measure. While the Council cannot require the Advisory Measure to be
binding for specific expense categories, it is important that Council clearly state the
intent of the Advisory Measure language for the public so the voters have a good
understanding of what the issues are before the November 4 th election. Staff is
recommending, therefore, that the Council adopt a Resolution reaffirming City Council
intent regarding the meaning of the phrase “repairing and maintaining neighborhood
roads and other roadways” referenced in the Advisory Measure as set forth in pages 6
to 7 of the June 24, 2014 staff report and as described in the June 24, 2014 related
power point presentation.
FISCAL IMPACT:
No fiscal impact to tonight’s action.
The proposed sales tax measure would generate an estimated $1.7 - $2.0 million in
additional annual revenue.
ALTERNATIVES:
1. Council may choose not to adopt a Resolution reaffirming City Council intent
regarding the meaning of the phrase “repairing and maintaining neighborhood
roads and other roadways” referenced in the Advisory Measure.
ITEM NUMBER: C-1
DATE: 10/14/14
ATTACHMENTS:
1. Draft Resolution A reaffirming City Council intent regarding the meaning of the
phrase “repairing and maintaining neighborhood roads and other roadways”
referenced in the Advisory Measure.
2. June 24, 2014 Staff Report regarding placing a sales tax measure on the ballot
3. June 24, 2014 Power Point Presentation regarding placing a sales tax measu re
on the ballot
ITEM NUMBER: C-1
DATE: 10/14/14
ATTACHMENT: 1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, REAFFIRMING
CITY COUNCIL INTENT REGARDING THE MEANING OF THE PHRASE
“REPAIRING AND MAINTAINING NEIGHBORHOOD ROADS
AND OTHER ROADWAYS” REFERENCED IN
THE ADVISORY MEASURE
WHEREAS, On June 24, 2014 the Council voted to place a general sales tax measure on the
November 2014 ballot. At the same time, the Council voted to place an Advisory Measure on the
ballot asking voters whether or not the funds should be used for or the purpose of repairing roads.
The language adopted by Council for Measure E-14 reads as follows:
ADVISORY VOTE ONLY
If the voters of the City of Atascadero approve a one half cent limited term general sales tax
increase, should the additional revenues be used for the purpose of repairing and
maintaining neighborhood roads and other roadways?
And,
WHEREAS, since placing the Advisory Measure on the ballot, community members have
asked many questions regarding the intent of the Advisory Measure language. While the advisory
vote is not binding, it is important that the voters have a clear understanding of the current Council’s
intent regarding the Advisory Measure language; and,
WHEREAS, the June 24, 2014 Staff Report included an explanation with the regard to the
meaning of the phase “repairing and maintaining neighborhood roads and other roadways;” and,
WHEREAS, the presentation of the Staff Report at the June 24, 2014 City Council Meeting
included power point slides 29 to 33 regarding the Intent of the Advisory Language on road repairs
and road maintenance; and,
WHEREAS, on October 14,2014, there was a Staff Report presented to the City Council, a
true copy of which is attached to this Resolution; and,
WHEREAS, the October 14, 2014 Staff Report included the following Attachments:
1. Draft Resolution A reaffirming City Council intent regarding the meaning of the phrase
“repairing and maintaining neighborhood roads and other roadways” referenced in the
Advisory Measure.
2. June 24, 2014 Staff Report regarding placing a sales tax measure on the ballot
3. June 24, 2014 Power Point Presentation regarding placing a sales tax measure on the ballot
ITEM NUMBER: C-1
DATE: 10/14/14
ATTACHMENT: 1
And,
WHEREAS, the October 14, 2014 Staff Report recommended that the City Council adopt a
Resolution reaffirming City Council intent regarding the meaning of the phase “repairing and
maintaining neighborhood roads and other roadways” as referenced in the Advisory Measure.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero that
SECTION 1. The City Council hereby reaffirms its intent regarding the meaning of the
phase “repairing and maintaining neighborhood roads and other roadways” as referenced in the
Advisory Measure.
SECTION 2. The City Council intent regarding the meaning of the phase “repairing and
maintaining neighborhood roads and other roadways” as referenced in the Advisory Measure is as
described in the June 24, 2014 Staff Report.
SECTION 3. The City Council intent regarding the meaning of the phase “repairing and
maintaining neighborhood roads and other roadways” as referenced in the Advisory Measure is
further described in power point Slides 29 to 33 included in the presentation of the Staff Report on
June 24, 2014 as follows:
Intent of Advisory Language
Includes Road Repair Projects – rehabilitations, overlays, cold-in place recycling,
reconstructions, etc.
Includes Road Maintenance Projects – slurry seals, crack sealing, chip-sealing,
micro-surfacing, etc.
Does Not Include: Routine Road Maintenance – minor pothole repair, vegetation
control, shoulder control, street staffing, etc.
Does Not Include: Road Improvements – road widening, bikeways, new roads,
roundabouts
Includes Neighborhood/Local Roads
Includes Collector Roads
Includes Arterial Roads
Includes storm drain improvements necessary to preserve/protect/repair the road
Includes bridge surface and structural repairs
Includes staff time spent directly on the project – design, bidding, inspection,
construction engineering and construction oversight
Does NOT include general administration and overhead
ADA Improvements Must Be Included in Road Projects – If sidewalks in road
project area, must bring them into compliance with current requirements
ITEM NUMBER: C-1
DATE: 10/14/14
ATTACHMENT: 1
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
By: _______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Atascadero City Council ____________
Staff Report - City Manager
Consideration of Sales Tax Measure
RECOMMENDATION:
Council introduce for first reading by title only, the Draft Ordinance imposing a
transactions and use tax to be administered by the State Board of Equalization.
REPORT-IN-BRIEF:
The maintenance, funding and condition of the City’s infrastructure, particular ly roads,
have been a critical concern of the City Council for some time. As part of the 2013 -
2015 budget, the Council allocated funds to conduct a poll to determine how potential
voters would react to a one half cent (0.5%) sales tax increase to fund infrastructure
repairs. At the February 1, 2014 Council strategic planning session, the Council
discussed critical infrastructure needs such as roads, storm drains, parks and zoo
infrastructure, and facilities infrastructure. The poll was conducted in March to gauge
citizen’s interest in the various infrastructure needs.
As we discussed during the April 22, 2014 Council meeting, overall poll results showed
there is strong community interest in a sales tax measure, particularly if the proceeds of
the sales tax were to go primarily to roads. Based on the community interest, Council
directed staff to reach out to the commun ity with an education campaign and to receive
input from the community about a potential sales tax measure for roads.
Staff presented an informational presentation about the City roads and the potential
sales tax measure to several community groups including Kiwanis, Chamber of
Commerce Board, Rotary, Republican Women, North County Tea Party, and Realtors.
In addition a public community forum open to the public and advertised widely was held
on June 5th. At all of the presentations, staff answered ques tions and encouraged
comments on both the roads and the potential sales tax measure. Staff was also
available after each of the presentations for comments and questions. Staff received
some valuable input as a result of the meetings and as a result some of the staff
recommendations have changed from the April 22, 2014 Council report.
ITEM NUMBER: B-2
DATE: 06/24/14
ITEM NUMBER: C-1
DATE: 10/14/14
ATTACHMENT: 2
DISCUSSION:
Sales Tax Measure Process
Regarding increases to the sales tax rate, in order to make a change to any general tax
rate, the change must be approved by the voters. The City Council does not have the
authority to raise taxes, only to put a measure on the ballot. In order to place a tax
measure on the November 4, 2014 ballot, it takes a 2/3 vote of the City Council (at least
4 members). If passed by the Council and the electorate, the tax would be effective no
sooner than the first day of the first calendar quarter, commencing more than 110 days
after the adoption of the ordinance. Therefore, the tax would be effective no sooner
than April 1, 2015.
Proposition 218, approved in 1996, now requires that all City tax election measures be
placed on the same election when City Council Members are selected. The next
Council election is scheduled for November 4, 2014. Subsequent Council elections are
held every two years.
In order to place the local sales tax election on the next ballot the Council needs to act
prior to August 8, 2014. In order to provide staff enough time to submit the proper
paperwork, related resolutions and ordinances need to be decided during this June 24,
2014 Council meeting.
Advantages and Disadvantages of Sales Tax Measure
As with most policy actions, enacting an increase to the sales tax has advantages and
disadvantages. Some arguments in favor include:
It would generate additional revenue to assist in meeting the City’s long-term
needs, particularly road repairs;
Unlike property taxes, sales taxes are paid by a greater distribution of the
population (including homeowners, renters, businesses and tourists);
Sales taxes are paid based on consumption (those who can afford to spend more
pay more), and they are paid incrementally instead of in a lump sum;
The existing sales tax rate is currently at the legal minimum and lower than that
paid by most residents in California; and,
Because the tax is established by a vote of the local electorate, it cannot be taken
by the State.
Some arguments against include:
Additional taxes reduce the discretionary income of Atascadero residents;
Tax increases are not generally perceived positively by the citizenry and may
erode trust in local government.
ITEM NUMBER: B-2
DATE: 06/24/14
ITEM NUMBER: C-1
DATE: 10/14/14
ATTACHMENT: 2
Potential Impact on Local Sales
The actual amount of proposed increase in the sales tax is minimal when compared to
the actual cost of a product sold. For example, for every $100 spent, the increase
would result in an additional $0.50 paid by the consumer. Sales tax data trends show
that an increase in the sales tax rate of one half cent has no noticeable effect on the
amount of taxable goods consumers buy. In other words, in other jurisdictions where
the sales tax has been increased, the businesses did not see a decline in sales
because the sales tax rate had been increased. HDL, our sales tax consultant, does
not believe that an increase of one half cent in the sales tax rate in Atascadero will
affect local business sales volumes.
It is estimated that a half cent sales tax would generate between $1.7 million - $2.0
million annually for Atascadero.
Sales Tax Options
If the City Council decides to move forward with a sales tax measure, it will require
decisions on the following key issues in order to draft the measure:
Amount of Increase
Staff recommends that a one half cent (0.5%) be proposed as the local sales tax
override amount. As discussed in the recent roads report, this amount is
necessary in order to produce revenue sufficient to meet the needs identified.
This increase would bring the sales tax rate up to the comparable rate to that of
the other incorporated cities in the county. Below is a comparison table of the
sales tax rate in neighboring jurisdictions.
SLO COUNTY CURRENT
SALES TAX
Arroyo Grande 8%
Atascadero 7.5%
Grover Beach 8%
Morro Bay 8%
Paso Robles 8%
Pismo Beach 8%
San Luis Obispo 8%
Unincorporated
County
7.5%
Advisory Measure
The trend in the industry for local general sales tax measures is to include an
advisory measure with the tax measure. An advisory question is a type of ballot
measure in which citizens vote on a non-binding question. This allows voters to
have a say in how the additional revenues should be spent. While the advisory
measure is not legally binding on the City, it is viewed as clear direction from the
citizens to the City Council on where the voters would like to see the funds spent.
ITEM NUMBER: B-2
DATE: 06/24/14
ITEM NUMBER: C-1
DATE: 10/14/14
ATTACHMENT: 2
Staff strongly recommends an advisory measure also be placed on the ballot
stating where the funds will be spent if the measure is passed. Because repair
and maintenance of the roads polled the strongest and is the City’s biggest need,
the advisory measure should contain language stating that funds will be spent
primarily on the repair and maintenance of the City’s roadways and road
infrastructure. Based on the community input received in the last couple of
months, it is clear that some members of the community would like to see any
additional protections that the City can p ut in place to assure the public that this
general sales tax will be spent on roads.
Citizen Oversight Committee
Citizen oversight committees can also be popular with the electorate. An
oversight committee is often comprised of a group of citizens whose purpose is
to analyze how new tax monies are being spent. While some poll respondents
felt that an advisory committee added more administration, Council direction
indicates that we would establish a citizen oversight committee if the new tax is
approved.
Based on the community input received from the public during the last few
months, it is clear that an independent committee is important. Members of the
public would like to see a committee that is not dominated by City Council
appointments, but rather by the community. The draft ordinance presented
before you tonight contains language stating that the committee would consist of
two Council appointed members (citizens at large) and 7 members appointed by
individual community groups (ie, Chamber of Commerce, Kiwanis, etc.) If the
sales tax is passed by the electorate, bylaws for the committee would need to be
adopted by Council. The bylaws would clearly spell out how the community
groups appointing members of the committee would be selected.
Annual Road Report
It is important that the public be able to see where the funds are being spent in
order to give assurance that they are being spent properly. Because the tax is a
general sales tax, any proceeds from the sales tax will have to be deposited in to
the City’s general fund. Because of this, the revenues and expenditures from
this sales tax measure may be more difficult to discern in the large standard
financial reports that the City currently produces. The ordinance, therefore ,
contains language that states that the City shall produce an annual road report
that shows the fiscal year revenues from the tax, fiscal year expenditures of the
tax, and any remaining balances to be carried over into the next fiscal year. The
report will be reviewed by the Citizen Oversight Committee and then forwarded to
the City Council along with any findings or recommendations made by the
Oversight Committee. The report would also be widely distributed to the public,
through such means as the Recreation Guide, website , mailers and/or other
methods.
ITEM NUMBER: B-2
DATE: 06/24/14
ITEM NUMBER: C-1
DATE: 10/14/14
ATTACHMENT: 2
Sunset Clause
Sunset clauses state that a tax measure ends or “sunsets” after a certain period
of time. Sunset clauses can be perceived as beneficial because the tax is
temporary and voters retain control over the tax. They are particularly popular
when the tax will be used for a project of limited duration or to fund one -time
expenditures. In this case, the need for the tax is an ongoing need - repair and
maintenance of the City’s roads and infrastructure. While the poll results did not
show that a sunset clause is likely to measurably increase support for the
measure, staff is now recommending that a sunset clause be added to the
measure. As part of the public outreach that staff has done in the last couple of
months, it has become clear that a sunset clause would help build public trust.
The City would collect for the sales tax for a period of time , spending the funds
as directed and then would need to place it back on the ballot in order to continue
collection of the funds.
The draft ordinance contains a 12-year sunset period. Because there is a lag
time to start the program, begin receiving funds and design the first project, the
12-year period would allow 10 years of pavement projects prior to being placed
back on the ballot for re-up. The twelve year period is the same period that
neighboring Paso Robles currently has on their “road tax” and is appropriate for a
road program.
Attachment #2 contains a table highlighting each of the sales tax measures
currently in place in the other San Luis Obispo County cities. The original ballot
language for each of those measures is provided in Attachment #3.
Ballot Language
It is important that the language placed on the ballot clearly convey the City’s intentions ,
and it should be concise. The ballot measure itself is limited to 75 words. Staff
reviewed other cities’ ballot measures, worked with a League of California Cities
representative and a volunteer political consultant to draft the language. The draft ballot
measure was reviewed by several individuals to determine if it met the “clear, concise
and correctly convey intentions” standard. Based on the recommendations, if passed
tonight, the ballot measures will read as follows:
The advisory measure would read as follows:
ADVISORY VOTE ONLY
If the voters of the City of Atascadero approve a one half cent limited term general sales
tax increase, should the additional revenues be used for the purpose of repairing and
maintaining neighborhood roads and other roadways?
ITEM NUMBER: B-2
DATE: 06/24/14
ITEM NUMBER: C-1
DATE: 10/14/14
ATTACHMENT: 2
The ballot measure would read as follows:
MEASURE ________
To provide local funding that cannot be seized by the State, and will stay in Atascadero
to be used for such things as the repair and maintenance of neighborhood roads and
other aging roadways - Shall the City of Atascadero’s sales tax rate be temporarily
increased to include a local general sales tax of a one half cent, for a period of 12 years,
with citizen committee oversight, published annual reporting and independent financial
audits?
Pavement Maintenance Program for Sales Tax Measure
The proposed advisory measure contains language asking if the funds should be used
for “…repairing and maintaining neighborhood roads and other roadways”. During the
public outreach, there have been questions about what that would mean. Because the
advisory measure is advisory in nature and does not have an Council adopted
ordinance, there is no formally adopted definition. Council could, if the measure
passes, adopt a resolution stating what the types of things the funds would be spent on.
What does road “repairing and maintaining” mean? Road repair projects are typically
larger road projects that repair or rehabilitate the road. These projects may include cold
in-place recycling, hot-mix asphalt overlays and isolated, partial and/or full-depth road
reconstruction. Road maintenance projects are also typically large projects that are
designed to preserve those roads that are in good or fair condition. These projects may
include asphalt crack sealing, chip sealing, slurry or micro-surfacing, In this case,
“repairing and maintaining” would not include routine maintenance such as isolated
pothole repair, shoulder maintenance, vegetation control, striping projects, street crew
staffing costs or normal sign replacement. Nor would it typically include projects to
significantly widen or increase the capacity of roads, bikeways, trails or sidewalks.
What does neighborhood roads and other roadways mean? All City roads are classified
into three categories: local, collectors and arterials.
Local roads typically only serve those lots directly fronting the road and not
through traffic. These would be considered neighborhood roads and include
such roads as Tunitas Avenue, Palomar Avenue, Nogales Avenue, and
Carmelita Road.
Collector roads funnel local traffic from neighborhood roads to arterial streets.
These roads would be considered “other roadways” and would include such
roads as Santa Lucia Road, Del Rio Road, and Curbaril Avenue.
Arterial roads carry the largest amount of traffic and would also be considered
“other roadways”. Arterials include such roads as El Camino Real and Traffic
Way.
Would other costs such as drainage repairs be included? Control of surface drainage is
critical to pavement maintenance; therefore drainage repairs necessary to
ITEM NUMBER: B-2
DATE: 06/24/14
ITEM NUMBER: C-1
DATE: 10/14/14
ATTACHMENT: 2
preserve/protect/repair the surface of the road would be included in the costs of a road
repair project.
Would bridge repairs be included? Bridges are an important part of the roadway
system. A bridge structure typically lasts 50-75 years without major rehabilitation. The
asphalt/pavement on the bridge will require maintenance more often than the structure
itself. The bridge structure, however, does periodically require maintenance.
Maintaining the asphalt/pavement on the bridge structure without providing funds for
maintenance of the structure itself could eventually lead to bridge failure. The City has
historically used federal grant funds (with City matching funds) to rehabilitate bridge
structures. The City will continue to look for bridge and road grant opportunities,
potentially using the sales tax proceeds as a local match.
Will administration and overhead be charged to the projects? It is the City’s current
practice that staff time spent working directly on the project is charged to the project.
Staff time is charged for such things as design, bidding, inspection, construction
engineering and contractor oversight. Staff currently completes project time car ds that
detail the time spent on the project and what work was performed during that time.
General administration, oversight, and overhead are not charged to projects.
What other “non-road” costs might be included? Federal American with Disabilities Act
regulations now REQUIRE that any deficient disabled access improvements within the
project area must be improved to eliminate barriers. This means that if we are doing a
road improvement project and there are sidewalks in the area that do not meet current
ADA code, we MUST as part of the project bring those up to current standards. If there
are no sidewalks, we are not required to install new facilities as part of the project.
Process
As part of this agenda item, Council needs to consider whether to place the ballot
measure on the November 2014 ballot. If Council chooses to let the voters decide
whether they want a one half cent sales tax increase for such things as the repair and
maintenance of roads, then Council must adopt the attached ordinance. The attached
ordinance would then become the full text of the sales tax measure. The advisory
measure does not require an ordinance. The City Clerk will be bringing to the City
Council the appropriate Resolution to add an advisory measure to the November 2014
ballot.
Council must also take other actions regarding the mechanics of placing the ballot
measure on the ballot. Those actions are described fully under the staff report for the
Election Resolution agenda item also being considered tonight. The agenda package
calling for the election includes the draft resolutions needed if Council adopts the
ordinance tonight placing the potential sales tax measure on the ballot and the draft
resolution needed if Council fails to adopt the ordinance.
If passed tonight the ordinance would be brought back before the Council on July 8,
2014 for second reading.
ITEM NUMBER: B-2
DATE: 06/24/14
ITEM NUMBER: C-1
DATE: 10/14/14
ATTACHMENT: 2
FISCAL IMPACT:
The proposed sales tax measure would generate an estimated $1.7 - $2.0 million in
additional annual revenue. The total cost of placing the measures on the ballot is
estimated to be approximately $6,500 of budgeted General Funds.
ALTERNATIVES:
1. Council may not pursue an increase to the sales tax rate.
ATTACHMENTS:
1. Draft Ordinance A, Imposing a Transactions and Use Tax to be Administered by
the State Board of Equalization.
2. Table detailing particulars of Other San Luis Obispo County sales tax measures
3. Sales Tax Ballot measure language for other San Luis Obispo County
jurisdictions.
ITEM NUMBER: B-2
DATE: 06/24/14
ITEM NUMBER: C-1
DATE: 10/14/14
ATTACHMENT: 2
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY OF ATASCADERO
IMPOSING A TRANSACTIONS AND USE TAX TO BE
ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
Section 1. TITLE. This ordinance shall be known as the Atascadero Transactions and Use
Tax Ordinance. The city of Atascadero hereinafter shall be called "City." This ordinance shall
be applicable in the incorporated territory of the City.
Section 2. OPERATIVE DATE. "Operative Date" means the first day of the first calendar
quarter commencing more than 110 days after the adoption of this ordinance, the date of such
adoption being as set forth below.
Section 3. PURPOSE. This ordinance is adopted to achieve the following, among other
purposes, and directs that the provisions hereof be interpreted in order to accomplish those
purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section
7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall
be operative if a majority of the electors voting on the measure vote to approve the imposition of
the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions
identical to those of the Sales and Use Tax Law of the State of Cali fornia insofar as those
provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of
Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a
measure therefore that can be administered and collected by the State Board of Equalization in a
manner that adapts itself as fully as practicable to, and requires the least possible deviation from,
the existing statutory and administrative procedures followed by the State Board of Equalization
in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a
manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of
Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions
and use taxes, and at the same time, minimize the burden of record keeping upon persons subject
to taxation under the provisions of this ordinance.
Section 4. CONTRACT WITH STATE. Prior to the operative date, the City shall contract
with the State Board of Equalization to perform all functions incident to the administration and
operation of this transactions and use tax ordinance; provided, that if the City shall not have
contracted with the State Board of Equalization prior to the operative date, it shall nevertheless
ITEM NUMBER: B-2
DATE: 06/24/14
ITEM NUMBER: C-1
DATE: 10/14/14
ATTACHMENT: 2
so contract and in such a case the operative date shall be the first day of the first calendar quart er
following the execution of such a contract.
Section 5. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal
property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the
City at the rate of 0.5 % of the gross receipts of any retailer from the sale of all tangible
personal property sold at retail in said territory on and after the operative date of this ordinance.
Section 6. PLACE OF SALE. For the purposes of this ordinance, all retail sales are
consummated at the place of business of the retailer unless the tangible personal property sold is
delivered by the retailer or his agent to an out-of-state destination or to a common carrier for
delivery to an out-of-state destination. The gross receipts from such sales shall include delivery
charges, when such charges are subject to the state sales and use tax, regardless of the place to
which delivery is made. In the event a retailer has no permanent place of business in the State or
has more than one place of business, the place or places at which the retail sales are
consummated shall be determined under rules and regulations to be prescribed and adopted by
the State Board of Equalization.
Section 7. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other
consumption in the City of tangible personal property purchased from any retailer on and after
the operative date of this ordinance for storage, use or other consumption in said territory at the
rate of 0.5 % of the sales price of the property. The sales price shall include delivery charges
when such charges are subject to state sales or use tax regardless of the place to which delivery is
made.
Section 8. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise
provided in this ordinance and except insofar as they are inconsistent with the provisions of Part
1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing
with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and
made a part of this ordinance as though fully set forth herein.
Section 9. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF
USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation
Code:
A. Wherever the State of California is named or referred to as the taxing agency,
the name of this City shall be substituted therefor. However, the substitution shall not be made
when:
1. The word "State" is used as a part of the title of the State Controller, State
Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the
Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against
this City or any agency, officer, or employee thereof rather than by or against the State Board of
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Equalization, in performing the functions incident to the administration or operation of this
Ordinance.
3. In those sections, including, but not necessarily limited to sections re ferring
to the exterior boundaries of the State of California, where the result of the substitution would be
to:
a. Provide an exemption from this tax with respect to certain sales, storage,
use or other consumption of tangible personal property which would not otherwise be exempt
from this tax while such sales, storage, use or other consumption remain subject to tax by the
State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other
consumption of tangible personal property which would not be subject to tax by the state under
the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715,
6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer
engaged in business in this State" in Section 6203 and in the definition of that phrase in Section
6203.
Section 10. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer
under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not
be required by this ordinance.
Section 11. EXEMPTIONS AND EXCLUSIONS.
A. There shall be excluded from the measure of the transactions tax and the use tax
the amount of any sales tax or use tax imposed by the State of California or by any city, city and
county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the
amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the
gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to
operators of aircraft to be used or consumed principally outside the county in which the sale is
made and directly and exclusively in the use of such aircraft as common carriers of persons or
property under the authority of the laws of this State, the United States, or any foreign
government.
2. Sales of property to be used outside the City which is shipped to a point
outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his
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agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the
purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to
registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle
Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and
undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the
Vehicle Code by registration to an out-of-City address and by a declaration under penalty of
perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of
residence; and
b. With respect to commercial vehicles, by registration to a place of
business out-of-City and declaration under penalty of perjury, signed by the buyer, that the
vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the
property for a fixed price pursuant to a contract entered into prior to the operative date of this
ordinance.
4. A lease of tangible personal property which is a continuing sale of such
property, for any period of time for which the lessor is obligated to lease the property for an
amount fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or
lease of tangible personal property shall be deemed not to be obligated pursuant to a co ntract or
lease for any period of time for which any party to the contract or lease has the unconditional
right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use
or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions
tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and
used or consumed by such operators directly and exclusively in the use of such aircraft as
common carriers of persons or property for hire or compensation under a certificate of public
convenience and necessity issued pursuant to the laws of this State, the United States, or any
foreign government. This exemption is in addition to the exemptions provided in Sections 6366
and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price
pursuant to a contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible
personal property arises under a lease which is a continuing purchase of such property for any
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period of time for which the lessee is obligated to lease the property for an amount fixed by a
lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or
other consumption, or possession of, or exercise of any right or power over, tangible personal
property shall be deemed not to be obligated pursuant to a contract or lease for any period of
time for which any party to the contract or lease has the unconditional right to terminate the
contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the
City shall not be required to collect use tax from the purchaser of tangible personal property,
unless the retailer ships or delivers the property into the City or participates within the City in
making the sale of the property, including, but not limited to, soliciting or receiving the order,
either directly or indirectly, at a place of business of the retailer in the City or through any
representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of
the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of
any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with
Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section
21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect
use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address
in the City.
D. Any person subject to use tax under this ordinance may credit against that tax
any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer
liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code
with respect to the sale to the person of the property the storage, use or other consumption of
which is subject to the use tax.
Section 12. AMENDMENTS. All amendments subsequent to the effective date of this
ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use
taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and
Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and
Taxation Code, shall automatically become a part of this ordinance, provided however, that no
such amendment shall operate so as to affect the rate of tax imposed by this ordinance.
Section 13. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of
mandate or other legal or equitable process shall issue in any suit, action or proceeding in any
court against the State or the City, or against any officer of the State or the City, to prevent or
enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation
Code, of any tax or any amount of tax required to be collected.
Section 14. CITIZENS’ OVERSIGHT COMMITTEE. There shall be a permanent
citizens’ advisory committee called the “Citizens’ Oversight Committee” (hereafter
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“Committee”) which shall annually review revenues and expenditures from the collection of the
tax. The committee shall have 9 members. Seven members shall be appointed to the committee
by individual Atascadero community groups. Two members shall be appointed by the City
Council. Appointees shall be residents of the City; however, no member of the Committee shall
be an elected official.
Section 15. ANNUAL ROAD REPORT. An Annual Road Report shall be prepared
by the City no later than the last day of the sixth month following the end of each City fiscal
year. The Report shall be submitted to the Citizens’ Oversight Committee for review. The
Committee will submit their findings and conclusions to the City Council. The Report will also
be made available to the public. The Annual Road Report shall detail the prior fiscal year’s
activities related to the retail transaction and use tax. The Report shall include revenues
generated by the Transaction and Use Tax, expenditures (in summary form), funds carried over
from previous fiscal years, and any remaining funds to be carried over for expenditure in
subsequent fiscal years.
Section 16. INDEPENDENT ANNUAL FINANCIAL AUDIT. The amount generated
by this new general purpose revenue source and how it was used shall be included in the annual
audit of the City’s financial operations by an independent certified public accountant.
Section 17. TWELVE-YEAR SUNSET. The authority to levy a retail transaction and
use tax shall expire twelve years from the operative date of this ordinance, unless extended by
the voters of the City in the manner provided by law.
Section 18. EFFECTIVE DATE. This ordinance relates to the levying and collecting
of the City transactions and use taxes and shall take effect 10 days after the election results are
declared by the City Council (CA Elections Code §9217). The operative date (Section 2) will be
the first day of the first calendar quarter commencing more than 110 days after the adoption of
this ordinance, which will be April 1, 2015.
Section 19. SEVERABILITY. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, the remainder of the ordinance and the application
of such provision to other persons or circumstances shall not be affected thereby.
Section 20. PUBLISHING OF ORDINANCE. A summary of this ordinance, approved by
the City Attorney, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper
published and circulated in the Cit y of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk’s Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
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INTRODUCED at a regular meeting of the City Council held on _____________, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
____________, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF ATASCADERO
_____________________________ _________________________
Marcia McClure Torgerson, C.M.C., Tom O’Malley, Mayor
City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
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Table of Sales Tax Measures - SLO County
Year
Passed City
Amt. of
Tax Advisory Committee? Annual Report? Sunset? Notes
2006 Arroyo
Grande
0.50% No.
City mails an Annual
Report to each
household. The City also
conducts a public
hearing every five years
to consider or repeal of
the tax increase.
Yes.
Sent to each
household in the
community.
No
2006 Grover Beach 0.50% Yes.
Council appointed a
Citizen Committee to
review the Annual
Report and provide a
report to the Council.
Yes No
2006 Morro Bay 0.50% Yes.
5-member Citizens
Oversight Committee
appointed by the
Council semi-annually
reviews revenues and
expenditures.
Yes, semi-annual No
2012 Paso Robles 0.50% Yes. There is no
mention of a Committee
in Ordinance. Council
did adopt by-laws for an
Advisory Committee.
No Yes
12 years
4/1/2025
2008 Pismo Beach 0.50% No Semi-annual
Report to Council
from City
Manager.
Yes
6 1/2
years
4/1/2015
June
Election
2006 San Luis
Obispo
0.50% No.
The City invites the
entire community
annually to a Citizen
Oversight forum to
review the use of the
revenue generated by
this tax.
Yes.
Sent to each
household in the
community.
Yes
8 years
4/1/2015
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Sales Tax Ballot Measure Language
San Luis Obispo County
(prior to 2014)
Arroyo Grande ADVISORY MEASURE K-06
Advisory Measures: ADVISORY VOTE ONLY
If the proposed sales tax measure (Measure O-06) is approved, should a portion of the
proceeds be used to fund transportation improvements, including, but not limited to,
upgrade of the Brisco Road/Halcyon Road – Highway 101 Interchange?
ADVISORY MEASURE L-06
ADVISORY VOTE ONLY
If the proposed sales tax measure is approved, should a portion of the proceeds be
used to fund maintenance and upgrade of the City’s infrastructure, including, but not
limited to, street maintenance and improvements, upgrade of the drainage sy stem, and
projects to prevent pollution, erosion and sedimentation in the creek system from storm
water runoff?
ADVISORY MEASURE M-06
ADVISORY VOTE ONLY
If the proposed sales tax measure (Measure O-06) is approved, should a portion of the
proceeds be used to fund public safety expenses, including, but not limited to,
expansion of the Police Station, purchase of Fire apparatus, and additional Fire
Department staffing?
ADVISORY MEASURE N-06
ADVISORY VOTE ONLY
If the proposed sales tax measure (Measure O-06) is approved, should a portion of the
proceeds be used to fund improvements to City facilities to meet Federal Americans
with Disabilities Act (ADA) requirements, including, but not limited to, upgrade of the
City Hall Complex?
Ballot Measure:
MEASURE #O-06
Shall an Ordinance be adopted enacting a one half cent sales tax to fund community
needs, with a requirement to publish and distribute an annual report to each household
on the revenues and expenditures from the proceeds, and requiring a review and publ ic
hearing by the City Council every five years to determine whether it is necessary for the
sales tax to remain in effect?
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______________________________________________________________________
Grover Beach
Ballot Measure:
MEASURE X-06
VITAL CITY SERVICES PROTECTION
Shall the City of Grover Beach sales tax be increased by one -half percent (0.5%) and a
citizens’ oversight committee be created to help preserve the safety and character of
Grover Beach by funding essential services, including the Police a nd Fire Departments,
repair potholes and fix city streets and sidewalks, increase recreation opportunities for
senior and youth, improve city parks and beach access, and other general city
services?
Morro Bay
Ballot Measure:
MEASURE Q-06
The Morro Bay Vital Public Services Restoration and Protection Measure. To
preserve Morro Bay’s safety and character by funding essential services including
upgrading firefighter/paramedic equipment, fire stations, police, street and pothole
repairs, improving storm drains to protect the bay from pollution, and other general city
services, shall an ordinance be adopted increasing the City sales tax by one -half cent,
subject to independent annual financial audits, and establishing an independent
citizens’ advisory committee to review annual expenditures?
Paso Robles
Advisory Measure:
MEASURE E-12
If the voters approve a one half of one percent City limited term general sales tax
increase, shall the additional revenues be used primarily for the purpose of repairing
and maintaining the City’s roadways?
Ballot Measure:
MEASURE F-12
To provide funding that cannot be seized by the State, but will stay in Paso Robles for
such things as street repair, maintenance, and improvement, and other vital city needs,
shall the City of Paso Robles enact a temporary one half of one percent sales tax which
will expire in 12 years?
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______________________________________________________________________
Pismo Beach
Ballot Measure:
MEASURE C-08
The Pismo Beach Vital Public Service Protection Measure. To help preserve,
enhance and improve the infrastructure, safety and character of Pismo Beach, shall an
ordinance be adopted to increase the City of Pismo Beach sales tax by one -half cent for
a period of six and one half years?
San Luis Obispo
Ballot Measure:
MEASURE Y-06
San Luis Obispo Essential Services Measure: To protect and maintain essential
services – such as neighborhood street paving and pothole repair; traffic congestion
relief; public safety, including restoring eliminated traffic patrol, Fire Marshal and
fire/paramedic training positions; flood protection; senior citizen services/facilities;
neighborhood code enforcement; open space preservation and other vital general
purpose services – shall the sales tax be increased by one-half cent for eight years
only, with citizen oversight and independent annual financial audits?
ITEM NUMBER: B-2
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