HomeMy WebLinkAboutCC_2014-12-09_Agenda Packet
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, December 09, 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 Fonzi
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. Presentation by Homeless Services Oversight Council (HSOC) of San Luis
Obispo County – Welcome Home Kit Drive
2. Presentation by Michael Manchak, President & CEO of the Economic
Vitality Corporation
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 – November 25, 2014
Recommendation: Council approve the City Council Draft Action Minutes
of November 25, 2014. [City Clerk]
2. City Council 2015 Meeting Schedule
Fiscal Impact: None.
Recommendation:. Council approve the City Council meeting schedule for
2015. [City Manager]
3. Reciting the Fact of the General Municipal Election Held on November 4,
2014
Fiscal Impact: None.
Recommendation: Council adopt the Draft Resolution, reciting the fact of
the General Municipal Election held on November 4, 2014, declaring the
result and such other matters as provided by law. [City Clerk]
4. September 2014 Investment Report
Fiscal Impact: None
Recommendation:. Council receive and file the City Treasurer’s report for
quarter ending September 2014. [Administrative Services]
5. October 2014 Accounts Payable and Payroll
Fiscal Impact: $1,665,580.34
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for October 2014. [Administrative
Services]
6. Recycling/Green Waste Contract
Fiscal Impact: None.
Recommendation: Council authorize the City Manager to execute a
contract with North San Luis Obispo County Recycling, Inc. (NSLOCR) for
the exclusive disposal of curbside recyclable and green waste materials
originating within the City limits. [Public Works]
OATHS OF OFFICE:
1. Administration of Oaths of Office – Mayor Tom O’Malley, Council
Members Heather Moreno and Brian Sturtevant, along with City Clerk,
Marcia McClure Torgerson and City Treasurer, Gere W. Sibbach will be
sworn in by Deputy City Clerk Lori Mlynczak.
PRESENTATION:
1. Presentation to Outgoing City Treasurer Joe Modica
CITY COUNCIL REORGANIZATION:
1. Council Appointment of Mayor Pro Tem. The Mayor will accept
nominations from the Council Members and will appoint a Mayor Pro Tem.
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. 2015 Community Development Block Grants - Draft Recommendations
Fiscal Impact: The 2015 allocation is estimated to be $131,714.
Recommendation: Council develop and adopt draft funding
recommendations for the 2015 Community Development Block Grant
(CDBG) funds. [Public Works]
2. PLN 2014-1506 - (GPA 2014-0029 / ZCH 2014-0174 / LMG 2014-0013) -
General Plan Land Use Element Amendment – Cycle C 2014 - Former
Atascadero Library Site - 6850 Morro Road, 6925 & 6907 Atascadero
Avenue (County of San Luis Obispo)
Fiscal Impact: None.
Recommendations:
Planning Commission Recommends the City Council:
1. Adopt Resolution A certifying Proposed Negative Declaration 2014 -
0008; and,
2. Adopt Resolution B approving General Plan Amendment 2014 -0029,
changing the General Plan Land Use Designations of the subject lots
from Public Facilities (P) and General Commercial (GC) to General
Commercial (GC) and High Density Residential (HDR) based on
findings; and,
3. Introduce for first reading, by title only, Draft Ordinance A approving
Zone Change 2014-0174, changing the zoning designation of the
subject lots from Public (P) and Commercial Professional (CP) to
Commercial Retail (CR) and Residential Mulitfamily-20 (RMF-20),
based on findings; and,
4. Adopt Resolution C approving Lot Merger 2014 -0013, to merge APN
030-282-033 and APN 030-282-027, based on findings and subject to
Conditions of Approval. [Community Development]
3. Proposed Anti-Scavenging Ordinance
Fiscal Impact: None.
Recommendation: Council introduce for first reading, by title only, the
Draft Ordinance adding Section 6-4.20 to Chapter 4 of Title 6 of the
Atascadero Municipal Code, creating an infraction offense for
unauthorized individuals who engage in scavenging activities. [Police]
C. MANAGEMENT REPORTS:
1. Resolution of Support for the Formation of a Separate and Distinct
Groundwater Sustainability Agency for the Atascadero Groundwater
Basin
Fiscal Impact: None.
Recommendation: Council adopt the Draft Resolution supporting the
formation of a separate and distinct groundwater sustainability agency f or
the Atascadero Groundwater Basin. [Community Development]
2. Dormant Building Permit Program Sunset - Phase 5 – 2014
Fiscal Impact: The Dormant Permit Program fees are significantly lower
than the City’s current fee schedule. Ending the program is expe cted to
improve City permit revenues and Capital Facility Impact Fees collection.
Recommendation: City Council allow Phase 5 of the Dormant Permit
Program to expire on December 31, 2014, and adopt Draft Resolution A
allowing certain economic development priority project permit applications
to remain active for one additional year. [Community Development]
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activitie s.
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 t he 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 a ddressed 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 re view 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 December 9, 2014 Regular Session of the Atascadero City Council was
posted on December 2, 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 2nd day of December, 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 me eting 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 items 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 bef ore 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 and
will request anyone interested to address the Council regarding the matter being considered to step up t o 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 co mments will be
heard by the Council.
ITEM NUMBER: A-1
DATE: 12/09/14
Atascadero City Council
November 25, 2014
Page 1 of 4
CITY OF ATASCADERO
CITY COUNCIL
DRAFT ACTION MINUTES
Tuesday, November 25, 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:
Mayor Pro Tem Sturtevant called the meeting to order at 6:01pm and led the Pledge of
Allegiance.
ROLL CALL:
Present: Council Members Fonzi, Moreno and Mayor Pro Tem Sturtevant
Absent: Council Member Kelley and Mayor O’Malley
Staff Present: City Manager Rachelle Rickard, Administrative Services Director
Jeri Rangel, Community Development Director Warren Frace,
Police Chief Jerel Haley, Fire Chief Kurt Stone, City Attorney Brian
Pierik, and Deputy City Clerk Lori Mlynczak
APPROVAL OF AGENDA
MOTION: By Council Member Moreno and seconded by Council Member
Fonzi to approve the agenda.
Motion passed 3:0 by a roll-call vote.
ITEM NUMBER: A-1
DATE: 12/09/14
Atascadero City Council
November 25, 2014
Page 2 of 4
PRESENTATIONS:
1. Proclamation Recognizing November as National Hospice Month
The City Council presented the proclamation to Gracie Rey of Hospice of San Luis
Obispo County.
2. Junior High School Presentation by Atascadero Unified School District
Superintendent, Deborah Bowers, Ed.D., and Stu Stoddard
Atascadero Unified School District Superintendent, Deborah Bowe rs, Ed.D and Director
of Support Services, Stu Stoddard, gave a presentation concerning the Bond Measure I-
10 projects, including the Junior High School.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – October 28, 2014
Recommendation: Council approve the City Council Draft Action Minutes
of October 28, 2014. [City Clerk]
2. September Disbursements
Fiscal Impact: $1,745,976.54
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for September 2014. [Administrative
Services]
3. Award Contract for 40 Handheld Radios and Accessories
Fiscal Impact: The fiscal impact will be the expenditure of a total of
$132,744.82 in Bertha Shultz Trust Funds (donation).
Recommendation: Council authorize the purchase of forty (40) handheld
radios and accessories from Motorola at a cost of $132,744.82. [Fire]
4. Confirm the Appointment of the Director of Public Works
Fiscal Impact: The Director of Public Works/City Engineer starting annual
salary of $117,052.20 is included in the Public Works budget for fiscal
year 2014-2015.
Recommendation: Council concur and confirm the appointment of Nick
Debar as Director of Public Works/City Engineer. [City Manager]
ITEM NUMBER: A-1
DATE: 12/09/14
Atascadero City Council
November 25, 2014
Page 3 of 4
MOTION: By Council Member Fonzi and seconded by Council Member
Moreno to approve the Consent Calendar.
Motion passed 3:0 by a roll-call vote.
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: Tom Gannis, Kelly Long and
Ron Walters
Mayor Pro Tem Sturtevant closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS: None
COUNCIL ANNOUNCEMENTS AND REPORTS:
The City Council Members made brief announcements.
D. COMMITTEE REPORTS:
Council Member Fonzi
1. Air Pollution Control District – Oceano Dunes lawsuits continue.
2. SLO Local Agency Formation Commission (LAFCo) – heard about the
formation of a Paso Robles Groundwater District that will come before
LAFCO next year.
Council Member Moreno
1. City of Atascadero Design Review Committee - discussed Seatrain containers
at their last meeting.
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
ITEM NUMBER: A-1
DATE: 12/09/14
Atascadero City Council
November 25, 2014
Page 4 of 4
F. ADJOURNMENT
Mayor Pro Tem Sturtevant adjourned the meeting at 6:37
MINUTES PREPARED BY:
______________________________________
Lori Mlynczak
Deputy City Clerk
ITEM NUMBER: A-2
DATE: 12/09/14
Atascadero City Council
Staff Report – City Manager’s Office
City Council 2015 Meeting Schedule
RECOMMENDATION:
Council approve the City Council meeting schedule for 2015.
DISCUSSION:
The City Council, pursuant to Chapter 2, Section 1.01 of the Atascadero Municipal
Code, meets the second and fourth Tuesday of each month. On occasion, the Council
will hold special study sessions and/or joint meetings with one or both of the
Commissions on a fifth Tuesday. Generally, in the summer months, the Council meets
once a month and avoids conflicts with major holidays. Staff has prepared the at tached
schedule for the year 2015 to help in the coordination of these meetings with personal
schedules.
FISCAL IMPACT:
None
ATTACHMENT:
1. City Council 2015 Meeting Schedule
ITEM NUMBER: A-2
DATE: 12/09/14
ATTACHMENT: 1
City of Atascadero
Office of the City Clerk
Atascadero City Council 2015 Meeting Schedule
MEETING DATE TYPE OF MEETING
January 13
January 27
Regular
Regular
February 10
February 24
Regular
Regular
March 10
March 24
Regular
Regular
April 14
April 28
Regular
Regular
May 12
May 26
Regular
Regular
June 9
June 23
Regular
Regular
July 14
Regular
August 11
Regular
September 8
September 22
Regular
Regular
October 13
October 27
Regular
Regular
November 10
Regular
December 8
Regular
Meetings are held at 6:00 p.m.
6500 Palma Avenue, Atascadero, CA 93422
470-3400
ITEM NUMBER: A-3
DATE: 12/09/14
Atascadero City Council
Staff Report - City Clerk
Reciting the Fact of the General Municipal Election
Held on November 4, 2014
RECOMMENDATION:
Council adopt the Draft Resolution, reciting the fact of the General Municipal Election
held on November 4, 2014, declaring the result and such other matters as provided by
law.
DISCUSSION:
The General Municipal Election was held on November 4, 2014. California Elections
Code §10262 states that the City Council shall meet to declare the result s of the
election upon certification of results by the County Election Department. The California
Elections Code §10262 & 10264 also states that the Council shall adopt a resolution
reciting the fact of the election, including a statement of the results.
Total voter registration for the City of Atascadero was 16,031, which is 782 less than the
total voter registration for the year 2012. 9,483 (59.2% of registered voters) voted in
this election.
Atascadero voters were asked to vote for a Mayor, two Council Members, a City Clerk,
a City Treasurer, and Ballot Measures E-14 & F-14. The final official results are
attached to this report.
FISCAL IMPACT: None.
ATTACHMENTS:
1. Final Official Results
2. Draft Resolution, with County Clerk Certificate of Results
ITEM NUMBER: A-3
DATE: 12/09/14
ATTACHMENT: 1
City of Atascadero
Office of the City Clerk
FINAL - ELECTION RESULTS
(as of 11/19/14)
NAME VOTES % of VOTES
ATASCADERO MAYOR
Mayor – Two Year Term
Tom O’Malley 5160 58.92%
Charles Scovell 3530 40.31%
Write-in Votes 68 0.78%
ATASCADERO CITY COUNCIL
City Council - Four Year Term – 2 seats
Heather Moreno 4714 32.11%
Brian Sturtevant 3815 25.98%
Len Colamarino 3365 22.92%
Chuck Ward 2713 18.48%
Write-in Votes 76 0.52%
ATASCADERO CITY CLERK
Marcia M. Torgerson 6862 98.65%
Write-in Votes 94 1.35%
ATASCADERO CITY TREASURER
Gere W. Sibbach 6727 98.85%
Write-in Votes 78 1.15%
BALLOT MEASURE #E-14 – Advisory on Sales Tax
Yes 6269 69.86%
No 2705 30.14%
BALLOT MEASURE #F-14 – ½ Cent Sales Tax Increase
Yes 5342 59.14%
No 3691 40.86%
THIS IS THE FINAL TOTAL COUNT.
SAN LUIS OBISPO COUNTY CLERK-RECORDER
WILL CERTIFY THE RESULTS NEXT WEEK AND
THE NEW OFFICIALS WILL BE SWORN IN AT
THE CITY COUNCIL MEETING ON DECEMBER 9, 2014.
ITEM NUMBER: A-3
DATE: 12/09/14
ATTACHMENT: 2
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO, CALIFORNIA
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD ON NOVEMBER 4, 2014, DECLARING THE RESULT
AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of
Atascadero, California, on Tuesday, November 4, 2014, as required by law; and,
WHEREAS, notice of the election was given in time, form and manner as provided by
law; that voting precincts were properly established; that election officers were appointed and
that in all respects the election was held and conducted and the votes were cast, received and
canvassed and the returns made and declared in time, form and manner as required by the
provisions of the Elections Code of the State of California for the holding of elections in general
law cities; and,
WHEREAS, the County Election Department canvassed the returns of the election and
has certified the results to this City Council, the results are received, attached and made a part
hereof as “Exhibit A.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That the whole number of ballots cast in the precincts except vote by mail
voter ballots and provisional ballots was 3011.
That the whole number of vote by mail voter ballots cast in the City was 6472, making a
total of 9,483 ballots cast in the City.
SECTION 2. That the names of persons voted for at the election for Mayor are as
follows:
Charles Scovell and Tom O’Malley
That the names of the persons voted for at the election for Member of the City Council are as
follows:
Brian Sturtevant, Len Colamarino, Heather Moreno and Chuck Ward
That the names of the persons voted for at the election for City Clerk are as follows:
Marcia McClure Torgerson
ITEM NUMBER: A-3
DATE: 12/09/14
ATTACHMENT: 2
That the names of the persons voted for at the election for City Treasurer are as follows:
Gere W. Sibbach
That the measures voted upon at the election are as follows:
BALLOT MEASURE #E-14
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?
Yes
No
BALLOT MEASURE #F-14
To provide funding that cannot be seized by the State, and will stay in
Atascadero to be used for such things as the repair of neighborhood roads
and aging roadways along with other vital City needs - Shall the City of
Atascadero’s sales tax rate be temporarily increased to include a local
general sales tax of one-half cent, for a period of 12 years, with citizen
committee oversight, published annual reporting and independent financial
audits?
Yes
No
SECTION 3. That the number of votes given at each precinct and the number of votes
given in the City to each of the persons above named for the respective offices for which the
persons were candidates and for and against the measures were as listed in Exhibit “A” attached.
SECTION 4. The City Council does declare and determine that: Tom O’Malley was
elected as Mayor for the full term of two years; Heather Moreno was elected as Member of the
City Council for the full term of four years; Brian Sturtevant was elected as Member of the City
Council for the full term of four years; Marcia McClure Torgerson was elected as City Clerk for
the full term of four years; and Gere W. Sibbach was elected as City Treasurer for the full term
of four years.
That as a result of the election, a majority of the voters voting on the measures relating to
an advisory on sales tax and a ½ cent sales tax increase, did vote in favor of them, and that the
measures were carried, and shall be deemed adopted and ratified.
SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a
statement of the result of the election, showing: (1) The whole number of ballots cast in the
City; (2) The names of the persons voted for; (3) The measures voted upon; (4) For what office
each person was voted for; (5) The number of votes given at each precinct to each person, and
for and against each measure; (6) The total number of votes given to each person, and for and
against each measure.
SECTION 6. That the Deputy City Clerk shall immediately make and deliver to each of
the persons so elected a Certificate of Election signed by the Deputy City Clerk and
authenticated; that the Deputy City Clerk shall also administer to each person elected the Oath of
ITEM NUMBER: A-3
DATE: 12/09/14
ATTACHMENT: 2
Office prescribed in the Constitution of the State of California and shall have them subscribe to it
and file it in the office of the City Clerk. Each and all of the persons so elected shall then be
inducted into the respective office to which they have been elected.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
On Motion by Council Member _______________and seconded by Council
Member_______________, the foregoing Resolution was adopted on the following roll-call
vote:
AYES:
NOES:
ABSENT:
ADOPTED: December 9, 2014
CITY OF ATASCADERO:
ATTEST: Tom O’Malley, Mayor
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:1 of 32Jurisdiction Wide CON 501-65 Polling VBM Total CON 502-65 Polling VBM Total CON 503-66 Polling VBM Total CON 504-66 Polling VBM Total CON 505-66 Polling VBM Total CON 506-66 Polling VBM Total CON 507-67 Polling VBM Total CON 508-65 Polling VBM Total CON 509-65 Polling VBM Total CON 510-68 Polling VBM Total CON 511-68Reg. VotersBallots Cast% TurnoutTURN OUT130724018.36%130765049.73%130789068.09%136924217.68%136967649.38%136991867.06%131826420.03%131863748.33%131890168.36%78617322.01%78632040.71%78649362.72%141530121.27%141557240.42%141587361.70%78814017.77%78829737.69%78843755.46%76816821.88%76825533.20%76842355.08%98216316.60%98241442.16%98257758.76%89915917.69%89938042.27%89953959.96%88419421.95%88431135.18%88450557.13%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:2 of 32 Polling VBM Total CON 512-69 Polling VBM Total CON 513-69 Polling VBM Total CON 514-67 Polling VBM Total CON 515-70 Polling VBM Total CON 516-71 Polling VBM Total Total Polling VBM TotalCONGRESSIONAL 24TH CONGRESSIONAL DISTRICT Polling VBM Total Total Polling VBM TotalSENATE 17TH SENATORIAL DISTRICT Polling VBMReg. VotersBallots Cast% TurnoutTURN OUT88917920.13%88931835.77%88949755.91%84815818.63%84827932.90%84843751.53%89015717.64%89027831.24%89043548.88%93619420.73%93635938.35%93655359.08%90110111.21%90137541.62%90147652.83%105117816.94%105135133.40%105152950.33%16031301118.78%16031647240.37%16031948359.15%16031301118.78%16031647240.37%16031948359.15%16031301118.78%16031647240.37%16031948359.15%16031301118.78%16031647240.37%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:3 of 32 Total Total Polling VBM TotalASSEMBLY 35TH ASSEMBLY DISTRICT Polling VBM Total Total Polling VBM TotalBOARD OF EQUALIZATION STATE BOARD OF EQUAL DIST 2 Polling VBM Total Total Polling VBM TotalSUPERVISOR/COMMISSIONER 5TH SUPERVISORIAL DISTRICT Polling VBM Total Total Polling VBM TotalCITIES CITY OF ATASCADERO Polling VBM Total TotalReg. VotersBallots Cast% TurnoutTURN OUT16031948359.15%16031301118.78%16031647240.37%16031948359.15%16031301118.78%16031647240.37%16031948359.15%16031301118.78%16031647240.37%16031948359.15%16031301118.78%16031647240.37%16031948359.15%16031301118.78%16031647240.37%16031948359.15%16031301118.78%16031647240.37%16031948359.15%16031301118.78%16031647240.37%16031948359.15%16031301118.78%16031647240.37%16031948359.15%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:4 of 32 Polling VBM TotalReg. VotersBallots Cast% TurnoutTURN OUT16031301118.78%16031647240.37%16031948359.15%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:5 of 32Jurisdiction Wide CON 501-65 Polling VBM Total CON 502-65 Polling VBM Total CON 503-66 Polling VBM Total CON 504-66 Polling VBM Total CON 505-66 Polling VBM Total CON 506-66 Polling VBM Total CON 507-67 Polling VBM Total CON 508-65 Polling VBM Total CON 509-65 Polling VBM Total CON 510-68 Polling VBM Total CON 511-68Reg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesCHARLES SCOVELLTOM O'MALLEYWrite-In VotesCITY OF ATASCADERO MAYOR130724022218006931.08%14866.67%52.25%1307650605450024540.50%35158.02%91.49%1307890827630031437.97%49960.34%141.69%136924222121009040.72%13058.82%10.45%1369676629470026341.81%36057.23%60.95%1369918850680035341.53%49057.65%70.82%1318264240240011547.92%12351.25%20.83%1318637587500019833.73%38665.76%30.51%1318901827740031337.85%50961.55%50.60%7861731649006137.20%10262.20%10.61%786320302180013344.04%16955.96%00.00%786493466270019441.63%27158.15%10.21%1415301286150011941.61%16457.34%31.05%1415572535370020438.13%32761.12%40.75%1415873821520032339.34%49159.81%70.85%78814013010004836.92%8263.08%00.00%788297278190011441.01%16258.27%20.72%788437408290016239.71%24459.80%20.49%76816815216006341.45%8958.55%00.00%76825522431009341.52%13158.48%00.00%768423376470015641.49%22058.51%00.00%98216315112006341.72%8858.28%00.00%982414384300014136.72%24062.50%30.78%982577535420020438.13%32861.31%30.56%89915914811006443.24%8255.41%21.35%899380354260015343.22%19956.21%20.56%899539502370021743.23%28155.98%40.80%88419417915007541.90%10256.98%21.12%884311294170013445.58%15853.74%20.68%884505473320020944.19%26054.97%40.85%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:6 of 32 Polling VBM Total CON 512-69 Polling VBM Total CON 513-69 Polling VBM Total CON 514-67 Polling VBM Total CON 515-70 Polling VBM Total CON 516-71 Polling VBM Total Total Polling VBM TotalCONGRESSIONAL 24TH CONGRESSIONAL DISTRICT Polling VBM Total Total Polling VBM TotalSENATE 17TH SENATORIAL DISTRICT Polling VBMReg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesCHARLES SCOVELLTOM O'MALLEYWrite-In VotesCITY OF ATASCADERO MAYOR88917915920006138.36%9559.75%31.89%889318293250013445.73%15653.24%31.02%889497452450019543.14%25155.53%61.33%84815814810006141.22%8658.11%10.68%848279268110012145.15%14554.10%20.75%848437416210018243.75%23155.53%30.72%89015714413005135.42%9364.58%00.00%890278249290011144.58%13654.62%20.80%890435393420016241.22%22958.27%20.51%93619417123007141.52%10058.48%00.00%936359327320013140.06%19559.63%10.31%936553498550020240.56%29559.24%10.20%901101956003132.63%6164.21%33.16%901375343320014843.15%19155.69%41.17%901476438380017940.87%25257.53%71.60%105117816216005533.95%10564.81%21.23%1051351314370011035.03%20464.97%00.00%1051529476530016534.66%30964.92%20.42%160313011277223900109739.57%165059.52%250.90%160316472598648600243340.64%351058.64%430.72%160319483875872500353040.31%516058.92%680.78%160313011277223900109739.57%165059.52%250.90%160316472598648600243340.64%351058.64%430.72%160319483875872500353040.31%516058.92%680.78%160313011277223900109739.57%165059.52%250.90%160316472598648600243340.64%351058.64%430.72%160319483875872500353040.31%516058.92%680.78%160313011277223900109739.57%165059.52%250.90%160316472598648600243340.64%351058.64%430.72%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:7 of 32 Total Total Polling VBM TotalASSEMBLY 35TH ASSEMBLY DISTRICT Polling VBM Total Total Polling VBM TotalBOARD OF EQUALIZATION STATE BOARD OF EQUAL DIST 2 Polling VBM Total Total Polling VBM TotalSUPERVISOR/COMMISSIONER 5TH SUPERVISORIAL DISTRICT Polling VBM Total Total Polling VBM TotalCITIES CITY OF ATASCADERO Polling VBM Total TotalReg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesCHARLES SCOVELLTOM O'MALLEYWrite-In VotesCITY OF ATASCADERO MAYOR160319483875872500353040.31%516058.92%680.78%160313011277223900109739.57%165059.52%250.90%160316472598648600243340.64%351058.64%430.72%160319483875872500353040.31%516058.92%680.78%160313011277223900109739.57%165059.52%250.90%160316472598648600243340.64%351058.64%430.72%160319483875872500353040.31%516058.92%680.78%160313011277223900109739.57%165059.52%250.90%160316472598648600243340.64%351058.64%430.72%160319483875872500353040.31%516058.92%680.78%160313011277223900109739.57%165059.52%250.90%160316472598648600243340.64%351058.64%430.72%160319483875872500353040.31%516058.92%680.78%160313011277223900109739.57%165059.52%250.90%160316472598648600243340.64%351058.64%430.72%160319483875872500353040.31%516058.92%680.78%160313011277223900109739.57%165059.52%250.90%160316472598648600243340.64%351058.64%430.72%160319483875872500353040.31%516058.92%680.78%160313011277223900109739.57%165059.52%250.90%160316472598648600243340.64%351058.64%430.72%160319483875872500353040.31%516058.92%680.78%160313011277223900109739.57%165059.52%250.90%160316472598648600243340.64%351058.64%430.72%160319483875872500353040.31%516058.92%680.78%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:8 of 32 Polling VBM TotalReg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesCHARLES SCOVELLTOM O'MALLEYWrite-In VotesCITY OF ATASCADERO MAYOR160313011277223900109739.57%165059.52%250.90%160316472598648600243340.64%351058.64%430.72%160319483875872500353040.31%516058.92%680.78%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:9 of 32Jurisdiction Wide CON 501-65 Polling VBM Total CON 502-65 Polling VBM Total CON 503-66 Polling VBM Total CON 504-66 Polling VBM Total CON 505-66 Polling VBM Total CON 506-66 Polling VBM Total CON 507-67 Polling VBM Total CON 508-65 Polling VBM Total CON 509-65 Polling VBM Total CON 510-68 Polling VBM Total CON 511-68Reg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesBRIAN STURTEVANTLEN COLAMARINOHEATHER MORENOCITY OF ATASCADERO COUNCILMEMBER1307240374200669826.20%9425.13%11931.82%1307650106050014027325.75%25423.96%32130.28%1307890143470020637125.87%34824.27%44030.68%1369242367282579425.61%8924.25%13135.69%1369676107054017427325.51%25523.83%34732.43%1369918143782223136725.54%34423.94%47833.26%1318264401180919724.19%11929.68%11628.93%1318637103247014826325.48%28427.52%29128.20%1318901143365023936025.12%40328.12%40728.40%786173289120338328.72%6020.76%8128.03%7863204953507512926.06%11122.42%14228.69%78649378447010821227.04%17121.81%22328.44%14153014652518512426.67%10422.37%17036.56%141557289747214923125.75%21624.08%29332.66%1415873136272323435526.06%32023.49%46333.99%788140218110406328.90%5022.94%6831.19%7882974812116913327.65%11624.12%14530.15%78843769932110919628.04%16623.75%21330.47%768168242260426125.21%5623.14%8233.88%768255380380549424.74%9825.79%10828.42%7684236226409615524.92%15424.76%19030.55%982163243190456024.69%4116.87%9338.27%9824146544618016525.23%13019.88%20531.35%98257789765112522525.08%17119.06%29833.22%899159245120497128.98%5321.63%8032.65%8993806002929816227.00%14524.17%18230.33%89953984541214723327.57%19823.43%26231.01%884194287250517124.74%6221.60%10335.89%8843115032307313326.44%11522.86%15130.02%88450579048012420425.82%17722.41%25432.15%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:10 of 32 Polling VBM Total CON 512-69 Polling VBM Total CON 513-69 Polling VBM Total CON 514-67 Polling VBM Total CON 515-70 Polling VBM Total CON 516-71 Polling VBM Total Total Polling VBM TotalCONGRESSIONAL 24TH CONGRESSIONAL DISTRICT Polling VBM Total Total Polling VBM TotalSENATE 17TH SENATORIAL DISTRICT Polling VBMReg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesBRIAN STURTEVANTLEN COLAMARINOHEATHER MORENOCITY OF ATASCADERO COUNCILMEMBER889179247150814719.03%7731.17%7530.36%8893184843009213928.72%10221.07%16834.71%88949773145017318625.44%17924.49%24333.24%848158239130515824.27%5322.18%7230.13%8482794302408012328.60%8018.60%15335.58%84843766937013118127.06%13319.88%22533.63%890157229190475222.71%4720.52%7934.50%890278432340569722.45%10925.23%13330.79%89043566153010314922.54%15623.60%21232.07%936194277260597928.52%3813.72%11340.79%9363595574407315728.19%9116.34%18833.75%93655383470013223628.30%12915.47%30136.09%90110116340314829.45%3018.40%5533.74%90137555149010114125.59%11019.96%20336.84%90147671453013218926.47%14019.61%25836.13%1051178250260545823.20%6425.60%8232.80%10513515215008113826.49%11221.50%16531.67%105152977176013519625.42%17622.83%24732.04%16031301145362993882116425.66%103722.86%151933.49%1603164721014762161543265126.13%232822.94%319531.49%1603194831468392092425381525.98%336522.92%471432.11%16031301145362993882116425.66%103722.86%151933.49%1603164721014762161543265126.13%232822.94%319531.49%1603194831468392092425381525.98%336522.92%471432.11%16031301145362993882116425.66%103722.86%151933.49%1603164721014762161543265126.13%232822.94%319531.49%1603194831468392092425381525.98%336522.92%471432.11%16031301145362993882116425.66%103722.86%151933.49%1603164721014762161543265126.13%232822.94%319531.49%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:11 of 32 Total Total Polling VBM TotalASSEMBLY 35TH ASSEMBLY DISTRICT Polling VBM Total Total Polling VBM TotalBOARD OF EQUALIZATION STATE BOARD OF EQUAL DIST 2 Polling VBM Total Total Polling VBM TotalSUPERVISOR/COMMISSIONER 5TH SUPERVISORIAL DISTRICT Polling VBM Total Total Polling VBM TotalCITIES CITY OF ATASCADERO Polling VBM Total TotalReg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesBRIAN STURTEVANTLEN COLAMARINOHEATHER MORENOCITY OF ATASCADERO COUNCILMEMBER1603194831468392092425381525.98%336522.92%471432.11%16031301145362993882116425.66%103722.86%151933.49%1603164721014762161543265126.13%232822.94%319531.49%1603194831468392092425381525.98%336522.92%471432.11%16031301145362993882116425.66%103722.86%151933.49%1603164721014762161543265126.13%232822.94%319531.49%1603194831468392092425381525.98%336522.92%471432.11%16031301145362993882116425.66%103722.86%151933.49%1603164721014762161543265126.13%232822.94%319531.49%1603194831468392092425381525.98%336522.92%471432.11%16031301145362993882116425.66%103722.86%151933.49%1603164721014762161543265126.13%232822.94%319531.49%1603194831468392092425381525.98%336522.92%471432.11%16031301145362993882116425.66%103722.86%151933.49%1603164721014762161543265126.13%232822.94%319531.49%1603194831468392092425381525.98%336522.92%471432.11%16031301145362993882116425.66%103722.86%151933.49%1603164721014762161543265126.13%232822.94%319531.49%1603194831468392092425381525.98%336522.92%471432.11%16031301145362993882116425.66%103722.86%151933.49%1603164721014762161543265126.13%232822.94%319531.49%1603194831468392092425381525.98%336522.92%471432.11%16031301145362993882116425.66%103722.86%151933.49%1603164721014762161543265126.13%232822.94%319531.49%1603194831468392092425381525.98%336522.92%471432.11%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:12 of 32 Polling VBM TotalReg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesBRIAN STURTEVANTLEN COLAMARINOHEATHER MORENOCITY OF ATASCADERO COUNCILMEMBER16031301145362993882116425.66%103722.86%151933.49%1603164721014762161543265126.13%232822.94%319531.49%1603194831468392092425381525.98%336522.92%471432.11%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:13 of 32Jurisdiction Wide CON 501-65 Polling VBM Total CON 502-65 Polling VBM Total CON 503-66 Polling VBM Total CON 504-66 Polling VBM Total CON 505-66 Polling VBM Total CON 506-66 Polling VBM Total CON 507-67 Polling VBM Total CON 508-65 Polling VBM Total CON 509-65 Polling VBM Total CON 510-68 Polling VBM Total CON 511-68CHUCK WARDWrite-In VotesCITY OF ATASCADERO COUNCILMEMBER6216.58%10.27%20619.43%60.57%26818.69%70.49%5214.17%10.27%18717.48%80.75%23916.63%90.63%6516.21%41.00%19218.60%20.19%25717.93%60.42%6321.80%20.69%11122.42%20.40%17422.19%40.51%6614.19%10.22%15417.17%30.33%22016.15%40.29%3716.97%00.00%8617.88%10.21%12317.60%10.14%4217.36%10.41%7920.79%10.26%12119.45%20.32%4719.34%20.82%15423.55%00.00%20122.41%20.22%4116.73%00.00%10818.00%30.50%14917.63%30.36%4716.38%41.39%10220.28%20.40%14918.86%60.76%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:14 of 32 Polling VBM Total CON 512-69 Polling VBM Total CON 513-69 Polling VBM Total CON 514-67 Polling VBM Total CON 515-70 Polling VBM Total CON 516-71 Polling VBM Total Total Polling VBM TotalCONGRESSIONAL 24TH CONGRESSIONAL DISTRICT Polling VBM Total Total Polling VBM TotalSENATE 17TH SENATORIAL DISTRICT Polling VBMCHUCK WARDWrite-In VotesCITY OF ATASCADERO COUNCILMEMBER4618.62%20.81%7214.88%30.62%11816.14%50.68%5523.01%10.42%7116.51%30.70%12618.83%40.60%4921.40%20.87%9221.30%10.23%14121.33%30.45%4315.52%41.44%11721.01%40.72%16019.18%80.96%2817.18%21.23%9417.06%30.54%12217.09%50.70%4216.80%41.60%10319.77%30.58%14518.81%70.91%78517.31%310.68%192819.00%450.44%271318.48%760.52%78517.31%310.68%192819.00%450.44%271318.48%760.52%78517.31%310.68%192819.00%450.44%271318.48%760.52%78517.31%310.68%192819.00%450.44%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:15 of 32 Total Total Polling VBM TotalASSEMBLY 35TH ASSEMBLY DISTRICT Polling VBM Total Total Polling VBM TotalBOARD OF EQUALIZATION STATE BOARD OF EQUAL DIST 2 Polling VBM Total Total Polling VBM TotalSUPERVISOR/COMMISSIONER 5TH SUPERVISORIAL DISTRICT Polling VBM Total Total Polling VBM TotalCITIES CITY OF ATASCADERO Polling VBM Total TotalCHUCK WARDWrite-In VotesCITY OF ATASCADERO COUNCILMEMBER271318.48%760.52%78517.31%310.68%192819.00%450.44%271318.48%760.52%78517.31%310.68%192819.00%450.44%271318.48%760.52%78517.31%310.68%192819.00%450.44%271318.48%760.52%78517.31%310.68%192819.00%450.44%271318.48%760.52%78517.31%310.68%192819.00%450.44%271318.48%760.52%78517.31%310.68%192819.00%450.44%271318.48%760.52%78517.31%310.68%192819.00%450.44%271318.48%760.52%78517.31%310.68%192819.00%450.44%271318.48%760.52%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:16 of 32 Polling VBM TotalCHUCK WARDWrite-In VotesCITY OF ATASCADERO COUNCILMEMBER78517.31%310.68%192819.00%450.44%271318.48%760.52%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:17 of 32Jurisdiction Wide CON 501-65 Polling VBM Total CON 502-65 Polling VBM Total CON 503-66 Polling VBM Total CON 504-66 Polling VBM Total CON 505-66 Polling VBM Total CON 506-66 Polling VBM Total CON 507-67 Polling VBM Total CON 508-65 Polling VBM Total CON 509-65 Polling VBM Total CON 510-68 Polling VBM Total CON 511-68Reg. VotersBallots CastTotal VotesTimes Blank VotedTimes Over VotedNumber Of Under VotesMARCIA M. TORGERSONWrite-In VotesCITY OF ATASCADERO CITY CLERK13072401895100189100.00%00.00%13076504791710047198.33%81.67%13078906682220066098.80%81.20%1369242172700016797.09%52.91%13696764801960047398.54%71.46%13699186522660064098.16%121.84%1318264180840017798.33%31.67%13186374621750045798.92%51.08%13189016422590063498.75%81.25%786173140330013999.29%10.71%7863202151050021399.07%20.93%7864933551380035299.15%30.85%1415301209920020698.56%31.44%14155724081640040699.51%20.49%14158736172560061299.19%50.81%7881401043600104100.00%00.00%788297235620023399.15%20.85%788437339980033799.41%20.59%768168127410012497.64%32.36%768255171840016998.83%21.17%7684232981250029398.32%51.68%982163114490011399.12%10.88%9824143061080030499.35%20.65%9825774201570041799.29%30.71%899159114450011399.12%10.88%899380288920028598.96%31.04%8995394021370039899.00%41.00%884194132620012997.73%32.27%8843112436800243100.00%00.00%8845053751300037299.20%30.80%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:18 of 32 Polling VBM Total CON 512-69 Polling VBM Total CON 513-69 Polling VBM Total CON 514-67 Polling VBM Total CON 515-70 Polling VBM Total CON 516-71 Polling VBM Total Total Polling VBM TotalCONGRESSIONAL 24TH CONGRESSIONAL DISTRICT Polling VBM Total Total Polling VBM TotalSENATE 17TH SENATORIAL DISTRICT Polling VBMReg. VotersBallots CastTotal VotesTimes Blank VotedTimes Over VotedNumber Of Under VotesMARCIA M. TORGERSONWrite-In VotesCITY OF ATASCADERO CITY CLERK8891791225700122100.00%00.00%889318241770023898.76%31.24%8894973631340036099.17%30.83%848158116420011599.14%10.86%848279206730020499.03%20.97%8484373221150031999.07%30.93%890157118390011496.61%43.39%890278214640020796.73%73.27%8904353321030032196.69%113.31%936194144500013895.83%64.17%9363592501090024598.00%52.00%9365533941590038397.21%112.79%90110183180083100.00%00.00%901375293820028898.29%51.71%9014763761000037198.67%51.33%1051178130480012898.46%21.54%1051351271800026597.79%62.21%10515294011280039398.00%82.00%160313011219481700216198.50%331.50%1603164724762171000470198.72%611.28%1603194836956252700686298.65%941.35%160313011219481700216198.50%331.50%1603164724762171000470198.72%611.28%1603194836956252700686298.65%941.35%160313011219481700216198.50%331.50%1603164724762171000470198.72%611.28%1603194836956252700686298.65%941.35%160313011219481700216198.50%331.50%1603164724762171000470198.72%611.28%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:19 of 32 Total Total Polling VBM TotalASSEMBLY 35TH ASSEMBLY DISTRICT Polling VBM Total Total Polling VBM TotalBOARD OF EQUALIZATION STATE BOARD OF EQUAL DIST 2 Polling VBM Total Total Polling VBM TotalSUPERVISOR/COMMISSIONER 5TH SUPERVISORIAL DISTRICT Polling VBM Total Total Polling VBM TotalCITIES CITY OF ATASCADERO Polling VBM Total TotalReg. VotersBallots CastTotal VotesTimes Blank VotedTimes Over VotedNumber Of Under VotesMARCIA M. TORGERSONWrite-In VotesCITY OF ATASCADERO CITY CLERK1603194836956252700686298.65%941.35%160313011219481700216198.50%331.50%1603164724762171000470198.72%611.28%1603194836956252700686298.65%941.35%160313011219481700216198.50%331.50%1603164724762171000470198.72%611.28%1603194836956252700686298.65%941.35%160313011219481700216198.50%331.50%1603164724762171000470198.72%611.28%1603194836956252700686298.65%941.35%160313011219481700216198.50%331.50%1603164724762171000470198.72%611.28%1603194836956252700686298.65%941.35%160313011219481700216198.50%331.50%1603164724762171000470198.72%611.28%1603194836956252700686298.65%941.35%160313011219481700216198.50%331.50%1603164724762171000470198.72%611.28%1603194836956252700686298.65%941.35%160313011219481700216198.50%331.50%1603164724762171000470198.72%611.28%1603194836956252700686298.65%941.35%160313011219481700216198.50%331.50%1603164724762171000470198.72%611.28%1603194836956252700686298.65%941.35%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:20 of 32 Polling VBM TotalReg. VotersBallots CastTotal VotesTimes Blank VotedTimes Over VotedNumber Of Under VotesMARCIA M. TORGERSONWrite-In VotesCITY OF ATASCADERO CITY CLERK160313011219481700216198.50%331.50%1603164724762171000470198.72%611.28%1603194836956252700686298.65%941.35%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:21 of 32Jurisdiction Wide CON 501-65 Polling VBM Total CON 502-65 Polling VBM Total CON 503-66 Polling VBM Total CON 504-66 Polling VBM Total CON 505-66 Polling VBM Total CON 506-66 Polling VBM Total CON 507-67 Polling VBM Total CON 508-65 Polling VBM Total CON 509-65 Polling VBM Total CON 510-68 Polling VBM Total CON 511-68Reg. VotersBallots CastTotal VotesTimes Blank VotedTimes Over VotedNumber Of Under VotesGERE W. SIBBACHWrite-In VotesCITY OF ATASCADERO CITY TREASURER13072401855500185100.00%00.00%13076504721780046598.52%71.48%13078906572330065098.93%71.07%1369242172700017199.42%10.58%13696764801960047799.38%30.63%13699186522660064899.39%40.61%13182641739100173100.00%00.00%13186374401970043899.55%20.45%13189016132880061199.67%20.33%786173135380013398.52%21.48%7863202141060020997.66%52.34%7864933491440034297.99%72.01%1415301211900020898.58%31.42%14155723951770039499.75%10.25%14158736062670060299.34%40.66%7881401004000100100.00%00.00%788297227700022699.56%10.44%7884373271100032699.69%10.31%768168120480011898.33%21.67%768255176790017599.43%10.57%7684232961270029398.99%31.01%982163109540010798.17%21.83%9824142961180029398.99%31.01%9825774051720040098.77%51.23%899159108510010799.07%10.93%899380288920028699.31%20.69%8995393961430039399.24%30.76%884194135590013297.78%32.22%884311240710023999.58%10.42%8845053751300037198.93%41.07%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:22 of 32 Polling VBM Total CON 512-69 Polling VBM Total CON 513-69 Polling VBM Total CON 514-67 Polling VBM Total CON 515-70 Polling VBM Total CON 516-71 Polling VBM Total Total Polling VBM TotalCONGRESSIONAL 24TH CONGRESSIONAL DISTRICT Polling VBM Total Total Polling VBM TotalSENATE 17TH SENATORIAL DISTRICT Polling VBMReg. VotersBallots CastTotal VotesTimes Blank VotedTimes Over VotedNumber Of Under VotesGERE W. SIBBACHWrite-In VotesCITY OF ATASCADERO CITY TREASURER889179115640011398.26%21.74%889318239790023598.33%41.67%8894973541430034898.31%61.69%848158111470010998.20%21.80%848279203760019897.54%52.46%8484373141230030797.77%72.23%890157113440010895.58%54.42%890278217610021297.70%52.30%8904353301050032096.97%103.03%936194142520014199.30%10.70%9363592411180023798.34%41.66%9365533831700037898.69%51.31%90110181200081100.00%00.00%901375276990027398.91%31.09%9014763571190035499.16%30.84%1051178128500012698.44%21.56%1051351263880025898.10%51.90%10515293911380038498.21%71.79%160313011213887300211298.78%261.22%1603164724667180500461598.89%521.11%1603194836805267800672798.85%781.15%160313011213887300211298.78%261.22%1603164724667180500461598.89%521.11%1603194836805267800672798.85%781.15%160313011213887300211298.78%261.22%1603164724667180500461598.89%521.11%1603194836805267800672798.85%781.15%160313011213887300211298.78%261.22%1603164724667180500461598.89%521.11%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:23 of 32 Total Total Polling VBM TotalASSEMBLY 35TH ASSEMBLY DISTRICT Polling VBM Total Total Polling VBM TotalBOARD OF EQUALIZATION STATE BOARD OF EQUAL DIST 2 Polling VBM Total Total Polling VBM TotalSUPERVISOR/COMMISSIONER 5TH SUPERVISORIAL DISTRICT Polling VBM Total Total Polling VBM TotalCITIES CITY OF ATASCADERO Polling VBM Total TotalReg. VotersBallots CastTotal VotesTimes Blank VotedTimes Over VotedNumber Of Under VotesGERE W. SIBBACHWrite-In VotesCITY OF ATASCADERO CITY TREASURER1603194836805267800672798.85%781.15%160313011213887300211298.78%261.22%1603164724667180500461598.89%521.11%1603194836805267800672798.85%781.15%160313011213887300211298.78%261.22%1603164724667180500461598.89%521.11%1603194836805267800672798.85%781.15%160313011213887300211298.78%261.22%1603164724667180500461598.89%521.11%1603194836805267800672798.85%781.15%160313011213887300211298.78%261.22%1603164724667180500461598.89%521.11%1603194836805267800672798.85%781.15%160313011213887300211298.78%261.22%1603164724667180500461598.89%521.11%1603194836805267800672798.85%781.15%160313011213887300211298.78%261.22%1603164724667180500461598.89%521.11%1603194836805267800672798.85%781.15%160313011213887300211298.78%261.22%1603164724667180500461598.89%521.11%1603194836805267800672798.85%781.15%160313011213887300211298.78%261.22%1603164724667180500461598.89%521.11%1603194836805267800672798.85%781.15%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:24 of 32 Polling VBM TotalReg. VotersBallots CastTotal VotesTimes Blank VotedTimes Over VotedNumber Of Under VotesGERE W. SIBBACHWrite-In VotesCITY OF ATASCADERO CITY TREASURER160313011213887300211298.78%261.22%1603164724667180500461598.89%521.11%1603194836805267800672798.85%781.15%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:25 of 32Jurisdiction Wide CON 501-65 Polling VBM Total CON 502-65 Polling VBM Total CON 503-66 Polling VBM Total CON 504-66 Polling VBM Total CON 505-66 Polling VBM Total CON 506-66 Polling VBM Total CON 507-67 Polling VBM Total CON 508-65 Polling VBM Total CON 509-65 Polling VBM Total CON 510-68 Polling VBM Total CON 511-68Reg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesYESNOE-14- CITY OF ATASCADERO ADVISORY (50% +1)1307240226140015066.37%7633.63%1307650629210044470.59%18529.41%1307890855350059469.47%26130.53%1369242230120014563.04%8536.96%1369676635410043868.98%19731.02%1369918865530058367.40%28232.60%1318264249150016265.06%8734.94%1318637607300046075.78%14724.22%1318901856450062272.66%23427.34%78617316940012272.19%4727.81%786320288320019266.67%9633.33%786493457360031468.71%14331.29%1415301286150020571.68%8128.32%1415572538340039873.98%14026.02%1415873824490060373.18%22126.82%7881401337008664.66%4735.34%78829728890019567.71%9332.29%788437421160028166.75%14033.25%768168154140010266.23%5233.77%768255240150017171.25%6928.75%768423394290027369.29%12130.71%98216315013009966.00%5134.00%982414392220024963.52%14336.48%982577542350034864.21%19435.79%8991591536009461.44%5938.56%899380358220026072.63%9827.37%899539511280035469.28%15730.72%88419418860013672.34%5227.66%88431130470022072.37%8427.63%884505492130035672.36%13627.64%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:26 of 32 Polling VBM Total CON 512-69 Polling VBM Total CON 513-69 Polling VBM Total CON 514-67 Polling VBM Total CON 515-70 Polling VBM Total CON 516-71 Polling VBM Total Total Polling VBM TotalCONGRESSIONAL 24TH CONGRESSIONAL DISTRICT Polling VBM Total Total Polling VBM TotalSENATE 17TH SENATORIAL DISTRICT Polling VBMReg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesYESNOE-14- CITY OF ATASCADERO ADVISORY (50% +1)889179162161012476.54%3823.46%889318296211020870.27%8829.73%889497458372033272.49%12627.51%84815815260011676.32%3623.68%84827927180019571.96%7628.04%848437423140031173.52%11226.48%89015714980010167.79%4832.21%890278264140020276.52%6223.48%890435413220030373.37%11026.63%936194177170012168.36%5631.64%936359338210022466.27%11433.73%936553515380034566.99%17033.01%901101956006972.63%2627.37%901375351231024569.80%10630.20%901476446291031470.40%13229.60%1051178168100011166.07%5733.93%1051351334170022567.37%10932.63%1051529502270033666.93%16633.07%160313011284116910194368.39%89831.61%160316472613333720432670.54%180729.46%160319483897450630626969.86%270530.14%160313011284116910194368.39%89831.61%160316472613333720432670.54%180729.46%160319483897450630626969.86%270530.14%160313011284116910194368.39%89831.61%160316472613333720432670.54%180729.46%160319483897450630626969.86%270530.14%160313011284116910194368.39%89831.61%160316472613333720432670.54%180729.46%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:27 of 32 Total Total Polling VBM TotalASSEMBLY 35TH ASSEMBLY DISTRICT Polling VBM Total Total Polling VBM TotalBOARD OF EQUALIZATION STATE BOARD OF EQUAL DIST 2 Polling VBM Total Total Polling VBM TotalSUPERVISOR/COMMISSIONER 5TH SUPERVISORIAL DISTRICT Polling VBM Total Total Polling VBM TotalCITIES CITY OF ATASCADERO Polling VBM Total TotalReg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesYESNOE-14- CITY OF ATASCADERO ADVISORY (50% +1)160319483897450630626969.86%270530.14%160313011284116910194368.39%89831.61%160316472613333720432670.54%180729.46%160319483897450630626969.86%270530.14%160313011284116910194368.39%89831.61%160316472613333720432670.54%180729.46%160319483897450630626969.86%270530.14%160313011284116910194368.39%89831.61%160316472613333720432670.54%180729.46%160319483897450630626969.86%270530.14%160313011284116910194368.39%89831.61%160316472613333720432670.54%180729.46%160319483897450630626969.86%270530.14%160313011284116910194368.39%89831.61%160316472613333720432670.54%180729.46%160319483897450630626969.86%270530.14%160313011284116910194368.39%89831.61%160316472613333720432670.54%180729.46%160319483897450630626969.86%270530.14%160313011284116910194368.39%89831.61%160316472613333720432670.54%180729.46%160319483897450630626969.86%270530.14%160313011284116910194368.39%89831.61%160316472613333720432670.54%180729.46%160319483897450630626969.86%270530.14%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:28 of 32 Polling VBM TotalReg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesYESNOE-14- CITY OF ATASCADERO ADVISORY (50% +1)160313011284116910194368.39%89831.61%160316472613333720432670.54%180729.46%160319483897450630626969.86%270530.14%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:29 of 32Jurisdiction Wide CON 501-65 Polling VBM Total CON 502-65 Polling VBM Total CON 503-66 Polling VBM Total CON 504-66 Polling VBM Total CON 505-66 Polling VBM Total CON 506-66 Polling VBM Total CON 507-67 Polling VBM Total CON 508-65 Polling VBM Total CON 509-65 Polling VBM Total CON 510-68 Polling VBM Total CON 511-68Reg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesYESNOF-14- CITY OF ATASCADERO SALES TAX (50% +1)1307240230100011550.00%11550.00%1307650621290035657.33%26542.67%1307890851390047155.35%38044.65%1369242232100013256.90%10043.10%1369676636391035655.97%28044.03%1369918868491048856.22%38043.78%1318264252120012951.19%12348.81%1318637612250038062.09%23237.91%1318901864370050958.91%35541.09%78617317120010058.48%7141.52%786320298220016254.36%13645.64%786493469240026255.86%20744.14%1415301287140018765.16%10034.84%1415572538340032860.97%21039.03%1415873825480051562.42%31037.58%7881401346007757.46%5742.54%788297284130017160.21%11339.79%788437418190024859.33%17040.67%76816815810009358.86%6541.14%768255241140014459.75%9740.25%768423399240023759.40%16240.60%9821631558009058.06%6541.94%982414394200021354.06%18145.94%982577549280030355.19%24644.81%8991591527007549.34%7750.66%899380370100022059.46%15040.54%899539522170029556.51%22743.49%88419418680012667.74%6032.26%88431130380018159.74%12240.26%884505489160030762.78%18237.22%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:30 of 32 Polling VBM Total CON 512-69 Polling VBM Total CON 513-69 Polling VBM Total CON 514-67 Polling VBM Total CON 515-70 Polling VBM Total CON 516-71 Polling VBM Total Total Polling VBM TotalCONGRESSIONAL 24TH CONGRESSIONAL DISTRICT Polling VBM Total Total Polling VBM TotalSENATE 17TH SENATORIAL DISTRICT Polling VBMReg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesYESNOF-14- CITY OF ATASCADERO SALES TAX (50% +1)889179164150011570.12%4929.88%889318298200018662.42%11237.58%889497462350030165.15%16134.85%84815815350010367.32%5032.68%84827927450017864.96%9635.04%848437427100028165.81%14634.19%8901571516008757.62%6442.38%890278262160016562.98%9737.02%890435413220025261.02%16138.98%936194183110011261.20%7138.80%936359343160018754.52%15645.48%936553526270029956.84%22743.16%901101965006668.75%3031.25%901375352221020658.52%14641.48%901476448271027260.71%17639.29%105117816990010562.13%6437.87%1051351334170019758.98%13741.02%1051529503260030260.04%20139.96%160313011287313800171259.59%116140.41%160316472616031020363058.93%253041.07%160319483903344820534259.14%369140.86%160313011287313800171259.59%116140.41%160316472616031020363058.93%253041.07%160319483903344820534259.14%369140.86%160313011287313800171259.59%116140.41%160316472616031020363058.93%253041.07%160319483903344820534259.14%369140.86%160313011287313800171259.59%116140.41%160316472616031020363058.93%253041.07%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:31 of 32 Total Total Polling VBM TotalASSEMBLY 35TH ASSEMBLY DISTRICT Polling VBM Total Total Polling VBM TotalBOARD OF EQUALIZATION STATE BOARD OF EQUAL DIST 2 Polling VBM Total Total Polling VBM TotalSUPERVISOR/COMMISSIONER 5TH SUPERVISORIAL DISTRICT Polling VBM Total Total Polling VBM TotalCITIES CITY OF ATASCADERO Polling VBM Total TotalReg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesYESNOF-14- CITY OF ATASCADERO SALES TAX (50% +1)160319483903344820534259.14%369140.86%160313011287313800171259.59%116140.41%160316472616031020363058.93%253041.07%160319483903344820534259.14%369140.86%160313011287313800171259.59%116140.41%160316472616031020363058.93%253041.07%160319483903344820534259.14%369140.86%160313011287313800171259.59%116140.41%160316472616031020363058.93%253041.07%160319483903344820534259.14%369140.86%160313011287313800171259.59%116140.41%160316472616031020363058.93%253041.07%160319483903344820534259.14%369140.86%160313011287313800171259.59%116140.41%160316472616031020363058.93%253041.07%160319483903344820534259.14%369140.86%160313011287313800171259.59%116140.41%160316472616031020363058.93%253041.07%160319483903344820534259.14%369140.86%160313011287313800171259.59%116140.41%160316472616031020363058.93%253041.07%160319483903344820534259.14%369140.86%160313011287313800171259.59%116140.41%160316472616031020363058.93%253041.07%160319483903344820534259.14%369140.86%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
Statement of Votes CastCONSOLIDATED GENERAL ELECTIONSOVC For CITY OF ATASCADERO, All Counters, CITIESFINAL OFFICIAL ELECTION RESULTS Date:11/20/14Time:11:52:16Page:32 of 32 Polling VBM TotalReg. VotersBallots CastTotal VotesTimes BlankVotedTimes Over VotedNumber Of Under VotesYESNOF-14- CITY OF ATASCADERO SALES TAX (50% +1)160313011287313800171259.59%116140.41%160316472616031020363058.93%253041.07%160319483903344820534259.14%369140.86%ITEM NUMBER: A-3DATE: 12/09/14ATTACHMENT: 2EXHIBIT: A
ITEM NUMBER: A-4
DATE: 12/09/14
ITEM NUMBER: A-4
DATE: 12/09/14
ITEM NUMBER: A-4
DATE: 12/09/14
ITEM NUMBER: A-4
DATE: 12/09/14
ITEM NUMBER: A-4
DATE: 12/09/14
ITEM NUMBER: A-4
DATE: 12/09/14
ITEM NUMBER: A-4
DATE: 12/09/14
ITEM NUMBER: A-4
DATE: 12/09/14
ITEM NUMBER: A-4
DATE: 12/09/14
ITEM NUMBER: A-4
DATE: 12/09/14
ITEM NUMBER: A-4
DATE: 12/09/14
ITEM NUMBER: A-5
DATE: 12/09/14
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2014
142935 10/03/2014 A J'S APPLIANCE SERVICE 493.93Accounts Payable Check
142936 10/03/2014 ALTHOUSE & MEADE, INC.1,164.40Accounts Payable Check
142937 10/03/2014 AMERICAN WEST TIRE & AUTO INC 81.15Accounts Payable Check
142938 10/03/2014 AMI PIPE & SUPPLY, INC.120.77Accounts Payable Check
142939 10/03/2014 ANTECH DIAGNOSTICS 272.40Accounts Payable Check
142940 10/03/2014 KELLY AREBALO 677.59Accounts Payable Check
142942 10/03/2014 AT&T 1,006.19Accounts Payable Check
142943 10/03/2014 AT&T 935.00Accounts Payable Check
142944 10/03/2014 ATASCADERO HAY & FEED 1,446.56Accounts Payable Check
142945 10/03/2014 ATASCADERO LAND PRESERVATION 2,000.00Accounts Payable Check
142947 10/03/2014 ATASCADERO MUTUAL WATER CO.25,200.95Accounts Payable Check
142948 10/03/2014 ATASCADERO MUTUAL WATER CO.250.00Accounts Payable Check
142949 10/03/2014 ATASCADERO TRAFFIC WAY STORAGE 676.00Accounts Payable Check
142950 10/03/2014 BASSETT'S CRICKET RANCH,INC.274.78Accounts Payable Check
142951 10/03/2014 BERRY MAN, INC.889.60Accounts Payable Check
142952 10/03/2014 TERRY BUCKLEY 63.73Accounts Payable Check
142953 10/03/2014 BURKE,WILLIAMS, & SORENSON LLP 17,282.02Accounts Payable Check
142954 10/03/2014 BURNS FIRE PROTECTION 20.00Accounts Payable Check
142955 10/03/2014 BURT INDUSTRIAL SUPPLY 5,550.77Accounts Payable Check
142956 10/03/2014 BUTLER BUSINESS MACHINES 468.11Accounts Payable Check
142957 10/03/2014 C3 CONSTRUCTION & DEVELOPMENT 12,500.00Accounts Payable Check
142958 10/03/2014 CA ASSC OF ZOOS AND AQUARIUMS 650.00Accounts Payable Check
142959 10/03/2014 CA CODE CHECK, INC.7,515.52Accounts Payable Check
142960 10/03/2014 CAL-COAST REFRIGERATION, INC 721.31Accounts Payable Check
142961 10/03/2014 CALPORTLAND COMPANY 9,995.93Accounts Payable Check
142962 10/03/2014 LISA CAVA 25.76Accounts Payable Check
142963 10/03/2014 CHARLES PADDOCK STATUE PROJECT 6,000.00Accounts Payable Check
142964 10/03/2014 CHARTER COMMUNICATIONS 982.36Accounts Payable Check
142965 10/03/2014 KATHLEEN J. CINOWALT 308.00Accounts Payable Check
142966 10/03/2014 CLEAR 175.00Accounts Payable Check
142967 10/03/2014 CLEATH-HARRIS GEOLOGISTS, INC.1,020.00Accounts Payable Check
142968 10/03/2014 COAST ELECTRONICS 9,903.59Accounts Payable Check
142969 10/03/2014 COLONY AUTO SERVICE, INC.911.73Accounts Payable Check
142970 10/03/2014 NICHOLAS E. COUGHLIN 35.00Accounts Payable Check
142971 10/03/2014 CROP PRODUCTION SERVICES, INC.658.19Accounts Payable Check
142972 10/03/2014 CRYSTAL SPRINGS WATER 487.10Accounts Payable Check
ITEM NUMBER: A-5
DATE: 12/09/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2014
142973 10/03/2014 D4 ELECTRIC 112.50Accounts Payable Check
142974 10/03/2014 BRIAN S. DAVIN, JR.252.00Accounts Payable Check
142975 10/03/2014 DANIEL A. DAVIS 640.50Accounts Payable Check
142976 10/03/2014 DEPARTMENT OF TRANSPORTATION 844.06Accounts Payable Check
142977 10/03/2014 CHARLES DICKEY 166.00Accounts Payable Check
142978 10/03/2014 DRIVE CUSTOMS 3,275.39Accounts Payable Check
142979 10/03/2014 ED'S FLYMEAT LLC 46.20Accounts Payable Check
142980 10/03/2014 DAVID B. EDWARDS 120.00Accounts Payable Check
142981 10/03/2014 ESTEEM 10.00Accounts Payable Check
142982 10/03/2014 FARM SUPPLY COMPANY 243.98Accounts Payable Check
142983 10/03/2014 FASTENAL COMPANY 1,981.70Accounts Payable Check
142984 10/03/2014 FEDERAL EXPRESS 14.10Accounts Payable Check
142985 10/03/2014 FEMA LAW ASSOCIATES, PLLC 3,160.00Accounts Payable Check
142986 10/03/2014 FENCE FACTORY ATASCADERO 11.52Accounts Payable Check
142987 10/03/2014 FERGUSON ENTERPRISES, INC.530.71Accounts Payable Check
142988 10/03/2014 FERRELL'S AUTO REPAIR 338.70Accounts Payable Check
142989 10/03/2014 FGL ENVIRONMENTAL 216.00Accounts Payable Check
142990 10/03/2014 FIRE CHIEFS ASSC OF SLO CO 50.00Accounts Payable Check
142991 10/03/2014 FOOD FOR LESS 24.94Accounts Payable Check
142992 10/03/2014 WARREN FRACE 300.00Accounts Payable Check
142993 10/03/2014 TAMMY GALLAGHER 122.00Accounts Payable Check
142994 10/03/2014 GIL GARIBAY 20.00Accounts Payable Check
142995 10/03/2014 GAS COMPANY 438.78Accounts Payable Check
142996 10/03/2014 ANDREW J. GEFTAKYS 54.00Accounts Payable Check
142997 10/03/2014 GEM AUTO PARTS 692.97Accounts Payable Check
142998 10/03/2014 GILBERT'S LANDSCAPES 932.91Accounts Payable Check
142999 10/03/2014 GOLDING CONCRETE SAWING 220.00Accounts Payable Check
143000 10/03/2014 BRADLEY A. HACKLEMAN 587.55Accounts Payable Check
143001 10/03/2014 WESLEY HATAKEYAMA 10.00Accounts Payable Check
143002 10/03/2014 HAWKINS SCIENTIFIC, INC.9,198.00Accounts Payable Check
143003 10/03/2014 DEBORAH HOLLOWELL 29.12Accounts Payable Check
143004 10/03/2014 DANA J. HUMPHREY 85.00Accounts Payable Check
143005 10/03/2014 THE INK CO.117.18Accounts Payable Check
143006 10/03/2014 JESPERSEN OLD SCHOOL TIRE & AU 60.00Accounts Payable Check
143007 10/03/2014 JK'S UNLIMITED 11,570.27Accounts Payable Check
143008 10/03/2014 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check
143009 10/03/2014 KINETIC ENGINEERING 300.00Accounts Payable Check
ITEM NUMBER: A-5
DATE: 12/09/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2014
143010 10/03/2014 ANDY C. LARA 36.00Accounts Payable Check
143011 10/03/2014 LEHIGH HANSON 2,197.63Accounts Payable Check
143012 10/03/2014 LIFE ASSIST, INC.285.58Accounts Payable Check
143013 10/03/2014 LISA WISE CONSULTING, INC.900.00Accounts Payable Check
143014 10/03/2014 M.J. BERTACCINI & ASSOCIATES 1,925.00Accounts Payable Check
143015 10/03/2014 MADRONE LANDSCAPES, INC.4,958.75Accounts Payable Check
143016 10/03/2014 MAINLINE UTILITY CO.36,907.19Accounts Payable Check
143017 10/03/2014 ANNETTE MANIER 16.80Accounts Payable Check
143018 10/03/2014 MEDPOST URGENT CARE-PASO ROBLE 100.00Accounts Payable Check
143019 10/03/2014 MICHAEL BRANDMAN ASSOCIATES 1,925.00Accounts Payable Check
143020 10/03/2014 MINER'S ACE HARDWARE 323.63Accounts Payable Check
143021 10/03/2014 MISSION UNIFORM SERVICE 479.12Accounts Payable Check
143022 10/03/2014 MOTION PICTURE LICENSING CORP.567.82Accounts Payable Check
143023 10/03/2014 CAROLYN A. MURPHY 400.00Accounts Payable Check
143024 10/03/2014 NAVAJO ROCK & BLOCK 494.47Accounts Payable Check
143025 10/03/2014 CHRIS NORTE 20.00Accounts Payable Check
143026 10/03/2014 OAK COUNTRY LUMBER & RANCH 370.09Accounts Payable Check
143027 10/03/2014 OFFICE DEPOT INC.597.45Accounts Payable Check
143029 10/03/2014 PACIFIC GAS AND ELECTRIC 16,077.62Accounts Payable Check
143030 10/03/2014 PASO ROBLES FORD LINCOLN MERC 251.21Accounts Payable Check
143031 10/03/2014 DEAN PERICIC 902.43Accounts Payable Check
143032 10/03/2014 MICHAEL G. PERRY 77.00Accounts Payable Check
143033 10/03/2014 PETERSON U-CART 1,177.28Accounts Payable Check
143034 10/03/2014 TOM PETERSON 540.00Accounts Payable Check
143035 10/03/2014 FRED PFLUM 20.00Accounts Payable Check
143036 10/03/2014 SCOTT E. PIPAN 230.00Accounts Payable Check
143037 10/03/2014 PROCARE JANITORIAL SUPPLY,INC.363.20Accounts Payable Check
143038 10/03/2014 JERI RANGEL 300.00Accounts Payable Check
143039 10/03/2014 REGIONAL GOVERNMENT SERVICES 16,103.63Accounts Payable Check
143040 10/03/2014 BRIGID RICKARD 8.60Accounts Payable Check
143041 10/03/2014 RACHELLE RICKARD 790.00Accounts Payable Check
143042 10/03/2014 ROB DAVIS BACKHOE 4,800.00Accounts Payable Check
143043 10/03/2014 ROGER RODRIGUEZ 20.00Accounts Payable Check
143044 10/03/2014 S.W. MARTIN & ASSOCIATES 3,119.70Accounts Payable Check
143045 10/03/2014 SAN LUIS POWERHOUSE, INC.405.00Accounts Payable Check
143046 10/03/2014 SANTA MARIA TIRE, INC.2,076.49Accounts Payable Check
143047 10/03/2014 LAURA SCHMIDT 15.00Accounts Payable Check
ITEM NUMBER: A-5
DATE: 12/09/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2014
143048 10/03/2014 SCOTT O'BRIEN FIRE & SAFETY CO 87.95Accounts Payable Check
143049 10/03/2014 SERVICE SYSTEMS ASSC, INC.2,000.00Accounts Payable Check
143050 10/03/2014 JOHN C. SIEMENS 140.00Accounts Payable Check
143051 10/03/2014 SLO COUNTY HEALTH AGENCY 59,631.50Accounts Payable Check
143052 10/03/2014 SLO COUNTY SHERIFF'S OFFICE 106.00Accounts Payable Check
143053 10/03/2014 SMITH STRUCTURAL GROUP, LLP 3,200.00Accounts Payable Check
143054 10/03/2014 DELORES P. SOTO 90.00Accounts Payable Check
143055 10/03/2014 STANLEY CONVERGENT SECURITY 529.14Accounts Payable Check
143056 10/03/2014 STREATOR PIPE & SUPPLY 796.90Accounts Payable Check
143057 10/03/2014 STEVEN STUCKY 120.00Accounts Payable Check
143058 10/03/2014 SUNLIGHT JANITORIAL 1,011.00Accounts Payable Check
143059 10/03/2014 TEMPLETON FLOOR CO., INC.995.00Accounts Payable Check
143060 10/03/2014 TESCO CONTROLS, INC.12,013.00Accounts Payable Check
143061 10/03/2014 MARCIA TORGERSON 217.91Accounts Payable Check
143062 10/03/2014 ANTHONY J. TRAVERSO 144.00Accounts Payable Check
143063 10/03/2014 IWINA M. VAN BEEK 19.00Accounts Payable Check
143064 10/03/2014 VERIZON WIRELESS 1,531.44Accounts Payable Check
143065 10/03/2014 ROSELLA HELEN VETTER 10,000.00Accounts Payable Check
143066 10/03/2014 WEST COAST AUTO & TOWING, INC.263.65Accounts Payable Check
143067 10/03/2014 NORMAN WHITMARK 10.00Accounts Payable Check
143068 10/03/2014 MICHAEL G. YOELL 4,560.24Accounts Payable Check
143069 10/03/2014 ZEE MEDICAL SERVICES CO.648.12Accounts Payable Check
143070 10/09/2014 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment
143071 10/09/2014 ATASCADERO POLICE OFFICERS 1,124.00Payroll Vendor Payment
143072 10/09/2014 ATASCADERO PROF. FIREFIGHTERS 695.53Payroll Vendor Payment
143073 10/09/2014 FLEX-PLAN SERVICES INC.2,038.78Payroll Vendor Payment
143074 10/09/2014 HARTFORD LIFE INSURANCE 8,952.69Payroll Vendor Payment
143075 10/09/2014 NATIONWIDE RETIREMENT SOLUTION 1,005.56Payroll Vendor Payment
143076 10/09/2014 SEIU LOCAL 620 804.27Payroll Vendor Payment
143077 10/09/2014 VANTAGEPOINT TRNSFR AGT 106099 288.29Payroll Vendor Payment
143078 10/09/2014 VANTAGEPOINT TRNSFR AGT 304633 2,873.39Payroll Vendor Payment
1733 10/10/2014 STATE DISBURSEMENT UNIT 874.61Payroll Vendor Payment
1734 10/10/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 36,519.32Payroll Vendor Payment
1735 10/10/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 61,481.73Payroll Vendor Payment
1736 10/10/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 422.22Payroll Vendor Payment
1737 10/10/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,401.63Payroll Vendor Payment
ITEM NUMBER: A-5
DATE: 12/09/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2014
1738 10/10/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 958.41Payroll Vendor Payment
1739 10/10/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,126.42Payroll Vendor Payment
1740 10/10/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,411.23Payroll Vendor Payment
1741 10/14/2014 RABOBANK, N.A.54,064.58Payroll Vendor Payment
1742 10/14/2014 EMPLOYMENT DEV DEPARTMENT 14,495.44Payroll Vendor Payment
1743 10/14/2014 EMPLOYMENT DEV. DEPARTMENT 1,196.39Payroll Vendor Payment
143079 10/17/2014 A & R CONSTRUCTION 1,989.00Accounts Payable Check
143080 10/17/2014 AFSS SOUTHERN DIVISION 50.00Accounts Payable Check
143081 10/17/2014 KEITH AGGSON 316.84Accounts Payable Check
143082 10/17/2014 AGP VIDEO, INC.2,867.50Accounts Payable Check
143083 10/17/2014 AIR-RITE REFRIGERATION 618.36Accounts Payable Check
143084 10/17/2014 AK & COMPANY 1,475.00Accounts Payable Check
143085 10/17/2014 ALL SIGNS AND GRAPHICS, LLC 188.75Accounts Payable Check
143086 10/17/2014 AMERICAN MARBORG 108.85Accounts Payable Check
143087 10/17/2014 AMERICAN WEST TIRE & AUTO INC 2,706.54Accounts Payable Check
143088 10/17/2014 AT&T 713.25Accounts Payable Check
143089 10/17/2014 ATASCADERO DOOR COMPANY 89.23Accounts Payable Check
143090 10/17/2014 AURORA WORLD, INC.338.44Accounts Payable Check
143091 10/17/2014 BLUEPRINTER 64.80Accounts Payable Check
143092 10/17/2014 SHIRLEY R. BRUTON 534.30Accounts Payable Check
143093 10/17/2014 BURTON'S FIRE, INC.99.19Accounts Payable Check
143094 10/17/2014 BUTLER BUSINESS MACHINES 475.93Accounts Payable Check
143095 10/17/2014 CA BUILDING STANDARDS COMM.1,394.10Accounts Payable Check
143096 10/17/2014 CA LAB AND DEVELOPMENT, INC.1,550.00Accounts Payable Check
143097 10/17/2014 CA MUNICIPAL TREASURERS ASSC.155.00Accounts Payable Check
143098 10/17/2014 VOID 0.00Accounts Payable Check
143099 10/17/2014 CED CONSOLIDATED ELECTRICAL 2,254.81Accounts Payable Check
143100 10/17/2014 CHEVRON & TEXACO BUS. CARD 693.00Accounts Payable Check
143101 10/17/2014 CLEATH-HARRIS GEOLOGISTS, INC.2,029.10Accounts Payable Check
143102 10/17/2014 COAST LINE DISTRIBUTING 309.20Accounts Payable Check
143103 10/17/2014 COASTAL COPY, LP 266.71Accounts Payable Check
143104 10/17/2014 COASTAL REPROGRAPHIC SERVICES 339.61Accounts Payable Check
143105 10/17/2014 COMPUCOM SYSTEMS, INC.21,430.09Accounts Payable Check
143106 10/17/2014 CORELOGIC SOLUTIONS, LLC.125.00Accounts Payable Check
143107 10/17/2014 JOHN COUCH 600.00Accounts Payable Check
143108 10/17/2014 CPRS DISTRICT 8 140.00Accounts Payable Check
ITEM NUMBER: A-5
DATE: 12/09/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2014
143109 10/17/2014 CRYSTAL SPRINGS WATER 132.89Accounts Payable Check
143110 10/17/2014 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check
143111 10/17/2014 BRIAN S. DAVIN, JR.180.00Accounts Payable Check
143112 10/17/2014 DEPARTMENT OF CONSERVATION 4,765.02Accounts Payable Check
143113 10/17/2014 DEPARTMENT OF JUSTICE 1,770.00Accounts Payable Check
143114 10/17/2014 DIVISION OF STATE ARCHITECT 36.90Accounts Payable Check
143115 10/17/2014 DOCUTEAM 128.25Accounts Payable Check
143116 10/17/2014 DRIVE CUSTOMS 698.00Accounts Payable Check
143117 10/17/2014 ESRI, INC.13,000.00Accounts Payable Check
143118 10/17/2014 LLOYD R. EVANS JR.50.00Accounts Payable Check
143119 10/17/2014 FARM SUPPLY COMPANY 255.27Accounts Payable Check
143120 10/17/2014 FASTENAL COMPANY 105.67Accounts Payable Check
143121 10/17/2014 FERGUSON ENTERPRISES, INC.526.73Accounts Payable Check
143122 10/17/2014 FERRELL'S AUTO REPAIR 420.00Accounts Payable Check
143123 10/17/2014 FGL ENVIRONMENTAL 72.00Accounts Payable Check
143124 10/17/2014 GAS COMPANY 33.59Accounts Payable Check
143125 10/17/2014 GEM AUTO PARTS 475.09Accounts Payable Check
143126 10/17/2014 HART IMPRESSIONS PRINT & COPY 63.86Accounts Payable Check
143127 10/17/2014 HINDERLITER, DE LLAMAS 3,316.59Accounts Payable Check
143128 10/17/2014 INSIGHT PUBLIC SECTOR, INC.3,073.88Accounts Payable Check
143129 10/17/2014 INTERNATIONAL INSTITUTE OF 195.00Accounts Payable Check
143130 10/17/2014 CAROL D. JANSSEN 237.90Accounts Payable Check
143131 10/17/2014 JK'S UNLIMITED 120.36Accounts Payable Check
143132 10/17/2014 JOHN T HUNTER INNO-TECH SVCS 1.22Accounts Payable Check
143133 10/17/2014 K & M INTERNATIONAL 412.12Accounts Payable Check
143134 10/17/2014 NANCY S. KNOX 244.65Accounts Payable Check
143135 10/17/2014 KPRL 1230 AM 320.00Accounts Payable Check
143136 10/17/2014 LANTERN PRESS 293.40Accounts Payable Check
143137 10/17/2014 ANDY C. LARA 36.00Accounts Payable Check
143138 10/17/2014 COLETTE LAYTON 216.00Accounts Payable Check
143139 10/17/2014 LEAGUE OF CALIFORNIA CITIES 75.00Accounts Payable Check
143140 10/17/2014 LEE WILSON ELECTRIC CO. INC 1,800.00Accounts Payable Check
143141 10/17/2014 LIFE ASSIST, INC.118.78Accounts Payable Check
143142 10/17/2014 THOMAS LITTLE 216.00Accounts Payable Check
143143 10/17/2014 MI WEST FRONT VILLAGE, LLC 0.50Accounts Payable Check
143144 10/17/2014 MICHAEL K. NUNLEY & ASSC, INC.13,726.25Accounts Payable Check
143145 10/17/2014 MID-COAST MOWER & SAW, INC.362.81Accounts Payable Check
ITEM NUMBER: A-5
DATE: 12/09/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2014
143147 10/17/2014 MINER'S ACE HARDWARE 1,500.94Accounts Payable Check
143148 10/17/2014 MISSION UNIFORM SERVICE 329.78Accounts Payable Check
143149 10/17/2014 REON C MONSON 390.30Accounts Payable Check
143150 10/17/2014 MPI 84.31Accounts Payable Check
143151 10/17/2014 MV TRANSPORTATION, INC.11,743.88Accounts Payable Check
143152 10/17/2014 NATIONAL FIRE FIGHTER CORP.671.05Accounts Payable Check
143153 10/17/2014 NBS 6,675.18Accounts Payable Check
143154 10/17/2014 NEXTECH SYSTEMS, INC.551.42Accounts Payable Check
143155 10/17/2014 NORTH COAST ENGINEERING INC.4,154.70Accounts Payable Check
143156 10/17/2014 OFFICE DEPOT INC.1,014.07Accounts Payable Check
143157 10/17/2014 ONTRAC 26.75Accounts Payable Check
143158 10/17/2014 PACIFIC COAST GYMNASTICS CENTE 126.70Accounts Payable Check
143159 10/17/2014 PACIFIC GAS AND ELECTRIC 34,850.17Accounts Payable Check
143160 10/17/2014 PASO ROBLES FORD LINCOLN MERC 203.88Accounts Payable Check
143161 10/17/2014 PASO ROBLES TRUCK CENTER 12.44Accounts Payable Check
143162 10/17/2014 PAVEMENT ENGINEERING, INC.570.00Accounts Payable Check
143163 10/17/2014 PERRY'S PARCEL & GIFT 101.07Accounts Payable Check
143164 10/17/2014 DAVID C. PETERSON, ESQ.980.00Accounts Payable Check
143165 10/17/2014 PROCARE JANITORIAL SUPPLY,INC.772.08Accounts Payable Check
143166 10/17/2014 REGIONAL GOVERNMENT SERVICES 11,250.00Accounts Payable Check
143167 10/17/2014 RACHELLE RICKARD 21.00Accounts Payable Check
143168 10/17/2014 BRANDON ROBERTS 216.00Accounts Payable Check
143169 10/17/2014 ROSENOW SPEVACEK GROUP, INC.1,229.00Accounts Payable Check
143170 10/17/2014 ROSSI TRANSPORT SERVICE 516.00Accounts Payable Check
143171 10/17/2014 ERIN RUSSELL 2,375.00Accounts Payable Check
143172 10/17/2014 SAFETY DRIVERS ED., LLC.33.25Accounts Payable Check
143173 10/17/2014 SAN LUIS POWERHOUSE, INC.1,918.64Accounts Payable Check
143174 10/17/2014 SERVICE SYSTEMS ASSC, INC.2,000.00Accounts Payable Check
143175 10/17/2014 SHELL 1,268.46Accounts Payable Check
143176 10/17/2014 SHORIN-RYU KARATE 182.00Accounts Payable Check
143177 10/17/2014 NEAL A. SHOWERS 1.00Accounts Payable Check
143178 10/17/2014 GERE SIBBACH 325.00Accounts Payable Check
143179 10/17/2014 SLO COUNTY OFFICE OF EDUCATION 1.00Accounts Payable Check
143180 10/17/2014 SLO COUNTY TAX COLLECTOR 63.58Accounts Payable Check
143181 10/17/2014 JASON SMITH 216.00Accounts Payable Check
143182 10/17/2014 RYAN SMITH 3.20Accounts Payable Check
143183 10/17/2014 DELORES P. SOTO 36.00Accounts Payable Check
ITEM NUMBER: A-5
DATE: 12/09/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2014
143184 10/17/2014 STANLEY CONVERGENT SECURITY 523.58Accounts Payable Check
143185 10/17/2014 STATE BOARD OF EQUALIZATION 2,634.00Accounts Payable Check
143186 10/17/2014 STREATOR PIPE & SUPPLY 55.32Accounts Payable Check
143187 10/17/2014 SUN BADGE COMPANY 43.40Accounts Payable Check
143188 10/17/2014 SUNLIGHT JANITORIAL 1,700.00Accounts Payable Check
143189 10/17/2014 ANTHONY J. TRAVERSO 54.00Accounts Payable Check
143195 10/17/2014 U.S. BANK 40,142.05Accounts Payable Check
143196 10/17/2014 ULTREX BUSINESS PRODUCTS 405.15Accounts Payable Check
143197 10/17/2014 UNITED STAFFING ASSC., INC.3,168.00Accounts Payable Check
143198 10/17/2014 UTILITY TRAINING ACADEMY 2,325.00Accounts Payable Check
143199 10/17/2014 VALLEY PACIFIC PETROLEUM SVCS 9,994.32Accounts Payable Check
143200 10/17/2014 VERDIN 449.66Accounts Payable Check
143201 10/17/2014 VERIZON WIRELESS 383.10Accounts Payable Check
143202 10/17/2014 VISIT SAN LUIS OBISPO COUNTY 480.00Accounts Payable Check
143203 10/17/2014 WEST COAST AUTO & TOWING, INC.285.00Accounts Payable Check
143204 10/17/2014 WESTERN JANITOR SUPPLY 184.77Accounts Payable Check
143205 10/17/2014 WEX BANK - 76 UNIVERSL 12,005.56Accounts Payable Check
143206 10/17/2014 WILLIAM P. WHITE 357.84Accounts Payable Check
143207 10/17/2014 WHIT'S TURN TREE CARE 1,850.00Accounts Payable Check
143208 10/17/2014 JEFF WILSHUSEN 179.00Accounts Payable Check
143209 10/17/2014 KAREN B. WYKE 615.30Accounts Payable Check
143210 10/17/2014 DAVE A. YATSKO 20.00Accounts Payable Check
143211 10/17/2014 ZUMAR INDUSTRIES, INC.340.07Accounts Payable Check
143212 10/23/2014 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment
143213 10/23/2014 ATASCADERO POLICE OFFICERS 1,149.00Payroll Vendor Payment
143214 10/23/2014 ATASCADERO PROF. FIREFIGHTERS 695.53Payroll Vendor Payment
143215 10/23/2014 EMPLOYMENT DEV. DEPARTMENT 56.00Payroll Vendor Payment
143216 10/23/2014 FLEX-PLAN SERVICES INC.2,038.78Payroll Vendor Payment
143217 10/23/2014 FLEX-PLAN SERVICES INC.125.00Payroll Vendor Payment
143218 10/23/2014 HARTFORD LIFE INSURANCE 8,952.69Payroll Vendor Payment
143219 10/23/2014 ICMA-RC 125.00Payroll Vendor Payment
143220 10/23/2014 NATIONWIDE RETIREMENT SOLUTION 816.19Payroll Vendor Payment
143221 10/23/2014 SEIU LOCAL 620 829.83Payroll Vendor Payment
143222 10/23/2014 VANTAGEPOINT TRNSFR AGT 106099 288.29Payroll Vendor Payment
143223 10/23/2014 VANTAGEPOINT TRNSFR AGT 304633 2,863.39Payroll Vendor Payment
1744 10/24/2014 STATE DISBURSEMENT UNIT 874.61Payroll Vendor Payment
ITEM NUMBER: A-5
DATE: 12/09/14
ATTACHMENT: 1
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2014
1745 10/24/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 36,709.75Payroll Vendor Payment
1746 10/24/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 60,443.92Payroll Vendor Payment
1747 10/24/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 374.13Payroll Vendor Payment
1748 10/24/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,401.63Payroll Vendor Payment
1749 10/24/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,263.48Payroll Vendor Payment
1750 10/24/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,126.42Payroll Vendor Payment
1751 10/24/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,528.52Payroll Vendor Payment
1752 10/28/2014 RABOBANK, N.A.44,636.09Payroll Vendor Payment
1753 10/28/2014 EMPLOYMENT DEV DEPARTMENT 11,190.26Payroll Vendor Payment
1754 10/28/2014 EMPLOYMENT DEV. DEPARTMENT 1,117.84Payroll Vendor Payment
143224 10/28/2014 ALLSTATE WORKPLACE DIVISION 2,440.95Payroll Vendor Payment
143225 10/28/2014 BLUE SHIELD OF CALIFORNIA 133,348.15Payroll Vendor Payment
143226 10/28/2014 LINCOLN NATIONAL LIFE INS CO 872.26Payroll Vendor Payment
143227 10/28/2014 MEDICAL EYE SERVICES 1,620.52Payroll Vendor Payment
143228 10/28/2014 PREFERRED BENEFITS INSURANCE 9,589.02Payroll Vendor Payment
$ 1,126,809.10
ITEM NUMBER: A-5
DATE: 12/09/14
ATTACHMENT: 1
ITEM NUMBER: A-6
DATE: 12/09/14
Atascadero City Council
Staff Report - Public Works Department
Recycling/Green Waste Contract
RECOMMENDATION:
Council authorize the City Manager to execute a contract with North San Luis Obispo
County Recycling, Inc. (NSLOCR) for the exclusive disposal of curbside recyclable and
green waste materials originating within the City limits.
DISCUSSION:
Solid waste collection, recycling, and landfill disposal within the City of Atascadero are
currently provided through agreements with three separate companies, namely:
1. Atascadero Waste Alternatives (AWA) provides solid waste collection for
the City. A new contract was recently renegotiated, approved by Council
and executed by the City Manager. That new contract expires December
31, 2020.
2. North San Luis Obispo County Recycling, Inc. (NSLOCR) provides
processing of recycled materials and green waste. The current contract
expires January 1, 2015.
3. Chicago Grade Landfill, Inc. (CGLF) operates the landfill disposal. The
current contract expires September 1, 2019.
The North San Luis Obispo Recycling contract is about to expire. As stated in previous
reports to the Council, Staff believes that the current service provider has provided the
City with consistent and reliable service and has been good partners with the
community. Council has reviewed the procurement of these services several times
during the last year.
On November 12, 2013 Council reviewed the current solid waste and recycling
contracts that were due to expire in the coming year. After deliberation, Council
directed staff to bring back a more in depth report on these services.
ITEM NUMBER: A-6
DATE: 12/09/14
At the April 8, 2014 City Council meeting, staff brought back a report detailing the
services provided by all contractors involved in the City’s solid waste process and
staff recommended renegotiating agreements with the current service providers.
After discussing the merits of re-negotiating versus the RFP/RFQ process, the
Council directed staff to enter into negotiations with the two current service
providers for solid waste collection, and recycling. Council also noted that the
commercial rates were of particular concern and they felt that they needed to be
addressed in the future contracts.
On June 10, 2014, staff brought back the “deal points” that had been negotiated
for both the solid waste collection contract and the recycling/green waste
contract. The solid waste collection proposal included substantially lower
commercial rates along with other provisions that were of interest to the City.
The recycling proposal remained fairly consistent with only minor changes to
existing provisions. On a 3-2 vote, Council directed staff to bring back the
contracts with the deal points that had been negotiated.
On July 8, 2014, Council authorized the City Manager to execute a contract with
Atascadero Waste Alternatives for the exclusive curbside collection of trash,
commingled recyclables and waste within City limits. At that time and primarily
due to City staffing changes, a renegotiated agreement had not yet been reached
with NSLOCR.
Recycling Contract
In 2004, the City entered into an agreement with North San Luis Obispo County
Recycling, Inc. (NSLOCR) owned and operated by Brad Goodrow for the disposal of
curbside recyclable and green waste materials originating within the City limits. The
activity requires the operation of a Materials Recovery Facility, commonly referred to as
a MRF (pronounced “murph”). The current agreement had a ten year term (June 1,
2004 thru June 1, 2014.) In November of 2013, the Council authorized the City
Manager to extend the agreement to January 1, 2015, which was agreed to by
NSLOCR. The City may approve up to 5-year extension to June 1, 2019 under the
current contract.
Other Key provisions of the agreement are:
NSLOCR receives $7 per ton for commingled recycling
NSLOCR receives $27 per ton for green waste
NSLOCR pays the City $2 per ton franchise fee for recyclable materials received.
Terms Related to Collection:
Recyclable material and green waste delivered to NSLOCR Templeton facility.
Terms Related to Landfill:
Recycler must haul “residual material” (sorted trash mixed in with the recycle
material delivered by AWA) to CGLF and pay current disposal fee.
ITEM NUMBER: A-6
DATE: 12/09/14
The current proposal from NSLOCR includes all of the above terms plus the following:
Term: 6 years (through December 31, 2020)
Rates: Tipping fees and franchise fees remain unchanged.
Additional Services: NSLOCR to provide City up to 100 cubic yards of composted
mulch per year at no cost.
Other Provisions:
NSLOCR to receive a 70% CPI adjustment (calculated identical to AWA and
Chicago Grade Landfill adjustment) in tipping fee every year, to coincide with
AWA.
The new contract provides for the potential of extraordinary rate increases in
certain events that outside of the contractor’s control. This language is simil ar to
the current language provided for in the AWA contract.
Language was added to the contract for provisions in the event that the
contractor cannot perform its obligations due to floods, earthquakes, war, civil
unrest, or other “acts of God”.
Analysis
Staff recommended renegotiating with each of the providers due to their experience and
proven track record in providing services to the City of Atascadero. NSLOCR provides
unique knowledge of Atascadero and history of service has benefit to the rate payers.
Renegotiating the agreements has allowed the City the ability to modify the terms and
conditions of service, in exchange for additional years to the contracts. The service
providers negotiated in good faith and have resolved the key issue identified at the
Council at the April 8, 2014 Council meeting, namely commercial garbage rates .
In exchange for six additional years, NSLOCR has agreed to no increase in the tipping
fee established in 2004. This does not mean they have not been impacted by inflation,
increased costs and State regulation that impact their business. As part of the
negotiation process it was suggested that NSLOCR should be afforded the same type
of CPI adjustment as given to both AWA and the landfill operation. An adjustment of
67% of the CPI increase was originally presented in the June 10, 2014 staff report. In
further discussions with the contractor, this was a miscommunication and the contractor
has requested that rates be adjusted by 70% of the CPI increase. (AWA contract calls
for 85% of the CPI increase). In discussions with the contractor and other field experts,
and based upon the percentage of fixed versus variable costs in the contract, an
increase of 70% of any CPI increases seems justifiable. The calculation would be done
at the same time as the AWA adjustment.
Summary
The current term of the recycling agreement expires on January 1, 2015. The
agreement is proposed to be extended to December 31, 2020. This will coincide with
the term of the recently approved agreement with Atascadero Waste Alternatives. The
following is a list of the key negotiated contract terms:
ITEM NUMBER: A-6
DATE: 12/09/14
Recycling Agreement:
1. Extend existing agreement to December 31, 2020 (6-years) under the current
contract terms.
2. Tipping fees and franchise fees remain unchanged.
3. NSLOCR to provide City up to 100 cubic yards of composted mulch per year at
no cost.
4. City to require and oversee a waste characterization of commingled recyclables
at least once per year to enforce 10% maximum residual content delivered by
AWA.
5. NSLOCR to receive a 70% CPI adjustment (calculated using the same
methodology as the AWA and Chicago Grade Landfill adjustments) in tipping fee
every year, to coincide with AWA.
FISCAL IMPACT: None.
ALTERNATIVES:
1. Council may direct staff to negotiate additional or alternate deal points. Because
the current contract expires on December 31, 2015, provisions for services would
need to be made until a contract could be negotiated.
2. Council may direct staff to negotiate a contract with Atascadero Waste
Alternatives.
3. Council may provide staff direction to extend the current contract as needed to
allow preparation of a request for qualifications / proposals for recycling
processing services.
ATTACHMENTS:
1. Agreement for Services of Independent Contractor Processing Commingled
Recyclables and Greenwaste
2. June 10, 2014 Staff Report
3. April 8, 2014 Staff Report
AGREEMENT FOR SERVICES OF INDEPENDENT CONTRACTOR
PROCESSING COMMINGLED RECYCLABLES AND GREENWASTE
THIS AGREEMENT (hereafter Agreement) is made upon the date of execution, as set forth
below, by, and between North San Luis Obispo County Recycling Inc., (hereinafter referred to as
"CONTRACTOR"), and the City of Atascadero, a Municipal Corporation, (hereinafter referre d to
as "CITY").
RECITALS
WHEREAS, City has determined it is in the public interest to provide recycling services to
residential and commercial properties; and
WHEREAS, the City franchises the collection of commingled recyclables and greenwaste
through a franchise agreement currently with USA Waste of California., dba Atascadero Waste
Alternatives; and
WHEREAS, the Contractor has built a facility at 3360 La Cruz Way, Templeton
California to process commingled recyclables and greenwaste; and
THEREFORE, the parties hereto, in consideration of the mutual covenants contained
herein, hereby agree to the following terms and conditions:
1.00 GENERAL PROVISIONS
1.01 TERM
CONTRACTOR shall commence performance under this Agreement on January 1, 2015 and end
performance on December 31, 2020, unless this Agreement is earlier terminated pursuant to
paragraph 4.00. By further agreement of the parties the Agreement may be extended using the
procedure in paragraph 1.03.
1.02 SERVICES TO BE PERFORMED BY CONTRACTOR
CONTRACTOR agrees to perform or provide the services specified in "SCOPE OF SERVICES"
attached hereto as "EXHIBIT A" hereby incorporated herein.
1.03 EXTENSION
CONTRACTOR or CITY may request up to four (4) one-year time extensions to this Agreement.
The other party shall consider the request but is not obligated to grant an extension. Any request
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 1
for extension shall be made in writing and received by the other party no earlier than November 1,
2019 and no later than March 1, 2020.
1.04 COMPENSATION TERMS
CONTRACTOR agrees to pay CITY and receive payment from the CITY’s waste hauler in
accordance with the payment terms set forth in Exhibit "B" which is incorporated by this reference.
2.00 RESPONSIBILITIES OF CONTRACTOR
2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR
CONTRACTOR agrees to devote the hours necessary to perform the services set forth in this
Agreement in an efficient and effective manner. CONTRACTOR m ay represent, perform services
for and be employed by additional individuals or entities, in CONTRACTOR's sole discretion, as
long as the performance of these extra-contractual services does not affect the performance of the
work by the CONTRACTOR for the CITY.
2.02 TOOLS AND INSTRUMENTALITIES
CONTRACTOR shall provide all tools and instrumentalities to perform the services under this
Agreement.
2.03 WORKERS' COMPENSATION AND OTHER EMPLOYEE BENEFITS
CITY and CONTRACTOR agrees that CONTRACTOR is an independent contractor and agree
that CONTRACTOR's employees and agents have no right to any of the benefits of a CITY
employee, including but not limited to vacation, sick leave, administrative leave, health insurance,
disability insurance, retirement, unemployment insurance, workers' compensation.
CONTRACTOR agrees to hold harmless and indemnify CITY for any and all claims arising out
of any claim for injury, disability, or death of any of CONTRACTOR and CONTRACTOR's
employees or agents.
2.04 STANDARD OF PERFORMANCE
CONTRACTOR represents that it has the skills, expertise, and licenses/permits necessary to
perform the services required under this Agreement. Accordingly, CONTRACTOR shall perform
all such services in the manner and according to the standards observed by a competent
practitioner of the same profession in which CONTRACTOR is engaged. Permits, licenses, and
State CRV permits shall be obtained and maintained by CONTRACTOR without additional
compensation. CONTRACTOR shall have a duty to cooperate with the CITY’s franchised waste
hauler to insure that the receipt and possessing of materials under this Agreement occurs smoothly
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 1
and in compliance with the terms of this Agreement and the Agreement between the CITY and its
franchised waste hauler.
2.05 TAXES
CITY shall not be responsible for paying any taxes on CONTRACTOR's behalf, and should CITY
be required to do so by state, federal, or local taxing agencies, CONTRACTOR agrees to promptly
reimburse CITY for the full value of such paid taxes plus interest and penalty, if any. These taxes
shall include, but not be limited to, the following: FICA (Social Security), unemployment
insurance contributions, income tax, disability insurance, and workers' compensation insurance.
2.06 CONFLICT OF INTEREST
CONTRACTOR covenants that CONTRACTOR presently has no interest and shall not acquire
any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement. CONTRACTOR further
covenants that in the performance of this Agreement, no person having any such interest shall be
employed by CONTRACTOR.
2.07 PERFORMANCE BOND
The CONTRACTOR shall post a performance bond on file with the City, payable to the City
securing the CONTRACTOR’s full and faithful performance by the CONTRACTOR of its
obligations under the contract and shall be kept in full force and effect by the CONTRACTOR
throughout the life of the contract. The principal sum of the bond shall be in the amount equal
to three months of operation and maintenance costs of the services under the contract for no less
than $50,000.00.
2.08 INDEMNIFICATION
CONTRACTOR shall indemnify, defend and hold CITY, its agents, officers, elected officials,
employees, and its franchisee Atascadero Waste Alternatives harmless from and against all claims,
damages, losses, causes of action and expenses, including attorneys’ fees, for any personal injury,
bodily injury, loss of life or damage to property, violation of any federal, state or municipal law,
ordinance or constitutional provision, or other cause which arise out of, relate to or result from
the activities or omissions, negligent or otherwise, under this Agreement by CONTRACTOR, its
officers, agents and employees.
Each party shall give the other prompt notification when it first learns of an incident or occurrence
covered, or likely to be covered, under the terms of this section, as well as prompt notification if a
claim is made or suit is brought against a party based on an incident or occurrence c overed, or
likely to be covered, by the terms hereof.
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Except as otherwise specified herein, for the purposes of this section, no party shall be deemed to
be the agent of the other.
To the extent that CONTRACTOR has agreed to indemnify, defend and hold harm less City, its
officers, agents and employees under this Agreement, said obligations shall continue to exist
during the term of this Agreement and subsequent to this Agreement for those acts or omissions
giving rise to liability which occurred during this Agreement.
Either party may purchase commercial insurance to cover their exposure hereunder, in whole or in
part.
2.09 INSURANCE REQUIREMENTS
Without limiting the CONTRACTOR’S indemnification of the CITY, CONTRACTOR shall
procure and maintain for the term of the Agreement, insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the work hereunder by the CONTRACTOR, his/her agents, representatives, or employees.
Failure to comply with the insurance requirements shall place CONTRACTOR in default.
A. Minimum Scope and Limits of Insurance
CONTRACTOR shall maintain broad coverage and limits no less than:
1. Workers' Compensation Insurance - Statutory Workers'
Compensation and Employers Liability Insurance shall cover all CONTRACTOR's staff while
performing any work incidental to the performance of this Agreement. The policy shall provide
that no cancellation, major change in coverage, or expiration shall be effective or occur until at
least thirty (30) days after receipt of such notice by the CITY. In the event CONTRACTOR is
self-insured, it shall furnish a copy of Certificate of Consent to Self-Insure issued by the
Department of Industrial Relations for the State of California. This provision does not apply if
CONTRACTOR has no employees as defined in Labor Code Section 3350 et seq. during the
entire period of this Agreement and CONTRACTOR submits a written statement to the CITY
stating that fact.
2. General Liability - $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence limit.
3. Automobile Liability - $1,000,000 per accident for bodily injury and
property damage.
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4. Employee's Liability - $1,000,000 per accident for bodily injury or
disease.
B. Deductibles and Self-insured Retentions
Any deductibles or self-insured retention’s must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retention’s as respects the City, its trustees, officers, employees and
volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
C. Other Insurance Provisions
The commercial general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions:
1. The City, its trustees, officers, employees and volunteers are to be
covered as additional insureds as respects: liability arising out of work or operations performed by
or on behalf of the CONTRACTOR; or automobiles owned, leased, hired or borrowed by the
CONTRACTOR.
2. For any claims related to this project, the CONTRACTOR's
insurance coverage shall be primary insurance as respects the City, its trustees, officers, employees
and volunteers. Any insurance or self-insurance maintained by the City, its trustees, officers,
employees or volunteers shall be excess of the CONTRACTOR's insurance and shall not
contribute with it.
3. Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be canceled by either party, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of
no less than A:VII, and are admitted insurance companies in the State of California, unless
otherwise acceptable to the City.
E. Verification of Coverage
CONTRACTOR shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this clause. CONTRACTOR shall
submit to the office of the designated CITY representative certificate(s) of insurance documenting
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ATTACHMENT: 1
the required insurance as specified above prior to this Agreement becoming effective. The City
reserves the right to require complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications at any time. Upon request by
the CITY, CONTRACTOR shall provide a certified copy of any insurance policy to the CITY
within ten (10) working days.
2.10 CLEAN SEPARATED CARDBOARD
CONTRACTOR, in addition to accepting commingled recyclables, agrees to accept from the
CITY’s franchised waste hauler clean separated cardboard collected from commercial customers in
the CITY. However, the CITY’S franchised waste hauler is under no obligation to delivery to the
CONTRACTOR clean separated cardboard collected from commercial customers in the CITY.
If the CITY’s franchised waste hauler delivers clean separated cardboard collected from
commercial customers in the CITY to the CONTRACTOR, the CONTRACTOR shall pay the
franchised waste hauler the fair market value for the clean separated cardboard. Fair market value
shall be determined by the CONTRACTOR periodically determining the price paid for clean
separated cardboard at similar faculties located outside of San Luis Obispo County but
approximately the same distance to the cardboard buyer.
3.00 RESPONSIBILITIES OF CITY
3.01 COOPERATION
Upon notification by the Contractor that the facility in Templeton is ready to receive material,
City agrees to direct its franchised waste hauler to delivery for processing commingled recyclables
and greenwaste to the CONTRACTOR. The franchised waste hauler or any other party shall not
remove any recyclables from the commingled recyclables prior to delivery of the commingled
recyclables to the Contractor. Commingled recyclables include the following: paper products
(newspaper, magazines, mail, office paper, telephone books, cardboard, chipboard, etc.), plastic
(soda bottles, milk and water jugs and other rigid plastic containers with number 1 through 7
plastic), glass (food and beverage containers), cans (aluminum cans, tin cans, aluminum foil, metal
food trays). The density of the commingled recyclables delivered to the Contractor shall not
exceed 375 pounds per cubic yard. Greenwaste includes grass clipping, leaves, branches collected
in greenwaste containers.
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4.00 TERMINATION OF AGREEMENT
4.01 BY CONTRACTOR
Should CITY fail to perform to all or any part of this Agreement, CONTRACTOR may, at
CONTRACTOR’s option terminate this Agreement if such failure is not remedied by CITY
within thirty (30) days of written notice to CITY of such failure.
4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS
This Agreement may terminate automatically on the occurrence of any of the
following events:
1. Bankruptcy or insolvency of any party;
2. The end of the thirty (30) days as set forth in Section 4.01;
3. End of this contract term or any extension
4. Assignment of this Agreement without the written consent of the City.
4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF ANOTHER PARTY
Should any party default in the performance of this Agreement or materially breach
of any of its provisions, a non-breaching party, at its option, may terminate this Agreement on
thirty 30 days written notice of termination to the breaching party.
5.00 SPECIAL PROVISIONS
5.01 BREACH OF CONTRACT
If CONTRACTOR materially breaches terms of this Agreement, CITY shall, in addition to other
remedies provided by law, have the following cumulative remedies:
A. Continue the unfinished work, under this Agreement, with a different
CONTRACTOR; and
B. Charge CONTRACTOR for the costs incurred by CITY for the work
performed by a different CONTRACTOR until such time that CITY has a City Council approved
agreement with a new CONTRACTOR.
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5.02 NONDISCRIMINATION
During the performance of this Agreement, CONTRACTOR will not discriminate against any
employee or applicant because of race, religion, creed, color, national origin, sex, age, or disability,
whether physical or mental. CONTRACTOR will take affirmative action to insure that applicants
employed, are treated during employment, without regard to their race, r eligion, creed, color,
national origin, sex, age, or disability, whether physical or mental.
5.03 OWNERSHIP OF DOCUMENTS
No materials produced in whole or in part under this Agreement shall be subject to copyright in
the United States or in any other country except as determined at the sole discretion of CITY.
CITY shall have the unrestricted authority to publish, disclose, distribute, and other use in whole
or in part, any reports, data, documents or other materials prepared under this Agreement.
5.04 RECORDS, AUDIT, AND REVIEW
CONTRACTOR shall keep such business records pursuant to this Agreement as would be kept by
a reasonably prudent practitioner of CONTRACTOR's profession and shall maintain such records
for at least five (5) years following the performance of the work in this Agreement. All accounting
records shall be kept in accordance with generally accepted accounting practices. CITY shall have
the right to audit and review all such documents and records at any time during
CONTRACTOR's regular business hours or upon reasonable notice. Once the CITY receives
records, they may become public records unless exempted by law.
CONTRACTOR shall also maintain all records and perform such reporting as set forth in Exhibit
“A”.
5.05 AMENDMENT
With sixty (60) days written notice, any portion of this Agreement may be renegotiated, altered,
amended or modified only by an instrument in writing, executed by the parties to this Agreement
and by no other means. Each party waives its future right to claim, contest or assert that this
Agreement was modified, canceled, superseded, or changed by any oral agreements, course of
conduct, waiver or estoppel.
5.06 RATE ADJUSTMENT
CPI Adjustment
Commencing on the one year anniversary of the effective date of this Agreement, and on the same
date annually thereafter (the “Adjustment Date”), the rates set forth in this Agreement, as adjusted
hereunder, shall be automatically adjusted by a percentage equal to 70% of the annual percent
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change in the Consumer Price Index (“CPI”) for All Urban Consumers – All Items, for the Los
Angeles – Riverside – Orange County metropolitan area (1982-84 = 100) as published by the
Bureau of Labor Statistics for the 12-month period ending September 30. At least thirty (30) days
prior to the Adjustment Date, Contractor shall notify City of the CPI adjustment to take effect on
the Adjustment Date and shall provide City with its computations therefore.
Extraordinary Rate Adjustments
The rates set by this Agreement are calculated to pay certain expenses and costs that are of a
contingent and uncertain nature. Therefore, in addition to the annual rate adjustment provided
above, the rates under this Agreement shall, upon written request of Contractor or City, be further
adjusted on an interim basis for increased or decreased expenses associated with performance of
the services hereunder due to any one or more of the following causes:
(a) material changes in Contractor’s costs resulting from a Force Majeure event;
(b) changes to Contractor’s operations or the Franchise Fee or other fees required or
initiated by City;
(c) Contractor desires to provide additional new services or the City requests the
Contractor to provide any additional new services, or Contractor desires or the City
requests the Contractor to change the method of providing, or the technology used to
provide, existing services under this Agreement;
(d) any increase or decrease in disposal fees
(e) any change in law, statute, rule, regulation, ordinance, order or requirement of any
federal, state, regional or local government that occurs after the Effective Date of this
Agreement.
If Contractor and City staff cannot agree on terms and conditions of such extraordinary rate
adjustments the matter shall be submitted to the City Council for a determination of whether an
extraordinary rate adjustment would be allowed and the amount of the adjustment. The
determination shall be final.
6.00 MISCELLANEOUS
6.01 REMEDIES NOT EXCLUSIVE
The remedies set forth in this Agreement shall not be exclusive but shall be cumulative with, and
in addition to, all remedies now or hereafter allowed by law or equity.
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6.02 NO WAIVER
No delay or omission of either party to exercise any right or power arising upon the occurrence of
any event of default shall impair any such right or power or shall be construed to be a waiver of
any such default or an acquiescence therein; and every power and remedy given by this Agreement
to either party shall be exercised from time to time and as often as may be deemed expedient in
the sole discretion of either party.
6.03 ASSIGNMENT
This Agreement is specifically not assignable by CONTRACTOR to any person or entity without
the prior written consent of the City. The City may withhold its consent for any reason and is
under no obligation to approve an assignment. Any assignment or attempt to assign by
CONTRACTOR, without the written consent of the City, whether it be voluntary or involuntary,
by operation of law or otherwise, is void and is a material breach of this Agreement giving r ise to a
right to terminate as set forth in Section 4.03.
6.04 FORCE MAJEURE
The parties shall be excused from performing their respective obligations hereunder in the event
they are prevented from so performing by reason of floods, earthquakes, other "ac ts of God", war,
civil insurrection, riots, acts of any government (including judicial action), unavailability of third
party disposal or processing facilities designated by the City, and other similar catastrophic events
which are beyond the control of and not the fault of the party claiming excuse from performance
hereunder.
The party claiming excuse from performance shall, within two (2) days after such party has notice
of such cause, give the other party notice of the facts constituting such cause and asserting its claim
to excuse under this Article.
The interruption or discontinuance of Contractor's services caused by one or more of the events
excused shall not constitute a default by Contractor under this Agreement. Notwithstanding the
foregoing, however, if Contractor is excused from performing its obligations hereunder for any of
the causes listed in this Article for a period of thirty (30) days or more, City shall have the right to
review the circumstances under which the excuse from performance was granted. After such
review, if the City determines the excuse from service is no longer valid, the City shall notify the
Contractor in writing to resume service within two (2) days from the receipt of such notification.
If the Contractor fails to resume service within the two (2) days, the City shall have the right to
terminate this Agreement by giving ten a (10) day notice.
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6.05 TIME FOR PERFORMANCE
Except as otherwise expressly provided for in this Agreement, should the performance of any act
required by this Agreement to be performed by either party be prevented or delayed by reason of
any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause,
except financial inability, not in the control of the party required to perform the act, the time for
performance of the act will be extended for a period of time equivalent to the period of delay and
performance of the act during the period of delay will be excused; provided, however, that nothing
contained in this Section shall excuse the prompt payment by either party as required by this
Agreement or the performance of any act rendered difficult or impossible solely because of the
financial condition of the party required to perform the act.
6.06 NOTICES
Except as otherwise expressly provided by law, any and all notices or other communications
required or permitted by this Agreement or by law to be served on or given to any party to this
Agreement shall be in writing and shall be deemed duly served and given when personally
delivered or in lieu of such personal service when deposited in the United States mail, first-class
postage prepaid to the following address for each respective party:
To CITY: City of Atascadero
6500 Palma Ave.
Atascadero, California 93422
Attn: City Manager
To CONTRACTOR: Mr. Brad Goodrow
North San Luis Obispo County Recycling Inc.
P.O. Box 1195
Templeton, CA 93465
or to such other person that the parties may from time to time designate. Notices and conse nts
under this section, which are sent by mail, shall be deemed to be received five (5) days following
their deposit in the U.S. mail.
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6.07 GOVERNING LAW
This Agreement and all matters relating to this Agreement shall be governed by the laws of the
State of California in force at the time any decision or holding concerning this agreement arises.
6.08 COMPLIANCE WITH LAW
CONTRACTOR shall, at his sole cost and expense, comply with all CITY, State and Federal
ordinances and statutes now in force or which may hereafter be in force with regard to this
Agreement. The judgment of any court of competent jurisdiction, or the admission of
CONTRACTOR in any action or proceeding against CONTRACTOR, whether CITY be a party
thereto or not, that CONTRACTOR has violated any such ordinance or statute, shall be
conclusive of that fact as between CONTRACTOR and CITY.
6.09 BINDING EFFECT
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors and assigns of the parties hereto, but nothing in this Section shall be
construed as consent by City to any assignment of this Agreement or any interest in this
Agreement.
6.10 INTEGRATION CLAUSE
This Agreement (including any original counterparts executed by the parties) constitutes the sole
and entire agreement between the parties with respect to the subject matter hereof. This
Agreement correctly sets forth the obligations of the parties hereto to each other as of the date of
this Agreement. All agreements or representations respecting the subject matter of this Agreement
not expressly set forth or referred to in this Agreement are null and void.
6.11 SEVERABILITY
If any one or more of the provisions contained herein shall for any reason be held to be invalid,
illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable
from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not
affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained herein.
6.12 TIME
Time is expressly declared to be of the essence of this Agreement.
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6.13 DUE AUTHORITY
All parties to this Agreement warrant and represent that they have the power and authority to
enter into this Agreement in the names, titles and capacities herein stated and on behalf of any
entities, persons, or firms represented or purported to be represented by such entity(ies), person(s),
or firm(s) and that all formal requirements necessary or required by any state and/or federal law in
order to enter into this Agreement have been fully complied with. Furthermore, by entering into
this Agreement, CONTRACTOR hereby warrants that it shall not have breached the terms or
conditions of any other contract or agreement to which CONTRACTOR is obligated, which
breach would have a material effect hereon.
6.14 SECTION HEADINGS
The headings of the several sections, and any table of contents appended hereto, shall be solely for
convenience of reference and shall not affect the meaning, construction or effect hereof.
6.15 PRECEDENCE
In the event of conflict between the provisions contained in the numbered sections of this
Agreement and the provisions contained in the Exhibits, the provisions of the Exhibits shall
prevail over those in the numbered sections.
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ATTACHMENT: 1
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 1
EXHIBIT A:
SCOPE OF SERVICES
PROCESSING AND MARKETING OF COMMINGLED
RECYCLABLES AND GREENWASTE
I. Processing
A. The CONTRACTOR shall supply all labor and equipment necessary to receive, process and
market all commingled recyclable material and greenwaste resulting from this contract. For
purposes of this Agreement, “recyclable material” and “greenwaste” are defined as all material
delivered to the CONTRACTOR’s facility located at 3360 La Cruz Way, Templeton California,
collected pursuant to the City’s source separated residential and commercial recycling and
greenwaste program. Clean separated cardboard collected from commercial customers in the CITY
is not included in recyclable materials. CONTRACTOR shall divert all recyclable materials and
greenwaste in a manner that is acceptable for diversion credit under AB939. CONTRACTOR
shall not landfill, burn or convert for burning the materials diverted, unless otherwise authorized
by City.
B. The CONTRACTOR shall receive and process recyclable materials and greenwaste without
limitation as to amount, weight or periodic variances in quantity generated. The exact quantity,
quality, mix or percentage of recyclables and greenwaste to be delivered under the contract cannot
be guaranteed.
C. All process loss and residual from City delivered commingled recyclables and greenwaste shall
be delivered and disposed of in the Chicago Grade Landfill during the term of this contract. For
purposes of this section “process loss” shall mean the difference between the incoming tonnage,
and the sum of saleable recyclable tonnage plus contamination. The process loss and residual
weight shall not exceed 10% of the gross weight of all inbound tons, unless the excess is
attributable to the quality of the material delivered.
City will make an effort to conduct an annual waste characterization study at the North San Luis
Obispo County Recycling facility to assess the compliance with the 10% maximum residual goal.
Contractor to participate in the study as needed.
D. All recyclable materials and greenwaste diverted shall meet or exceed secondary material
market specifications for each class of recovered product.
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E. CONTRACTOR’s facility shall be required to be available to receive commingled recyclable
materials and greenwaste Monday through Friday between 7::00 am and 3:00 p.m., holiday shift
days and other times as mutually agreed.
F. The City and CONTRACTOR must agree, in writing, to any changes to the recyclable
materials and greenwaste collected and processed prior to the addition of the materials to a City
route and prior to any notification to the customers of such additions or deletions of materials.
G. CONTRACTOR will assume all liability, ownership and control for the City’s recyclable
materials and green waste, including inadvertent hazardous waste contamination, and the disposal
of such materials. Nothing in this Agreement is meant to limit the CONTRACTOR ability to seek
recovery or reimbursement from the CITY franchise hauler.
II. Compost Materials
The CONTRACTOR shall make available to the City in an amount no more than 100 cubic yards
of composted mulch each year from its Creston Processing Facility. The City will be solely
responsible to arrange for pick-up and transportation cost of the material from the Creston Facility
back to the City of Atascadero at City expense.
III. Liability and Permits
A. CONTRACTOR warrants that it possesses, and will possess throughout the term of this
contract, all federal, state, and local permits needed to operate the facility that will accept and
process the recyclables. CONTRACTOR shall provide current copies of its certifications and
permits for MRF operations to the City for the term of this contract.
B. In the case that the CONTRACTOR or the CONTRACTOR’s facility is unable to accept
recyclables or greenwaste for any reason (equipment failure, permit problems, failure to open
facility, etc.), the CONTRACTOR will divert recyclables or greenwaste to an alternate location
arranged by the CONTRACTOR and approved by the City. The CONTRACTOR shall pay for
all transportation costs and fees charged at the alternate facility arranged by the CONTRACTOR.
C. In the event that the CONTRACTOR is responsible for transporting processed or
unprocessed recyclables or greenwaste and for any reason is unable to do so, the CONTRACTOR
will arrange for alternative transportation arrangements and pay for costs charged by the alternate
transporter.
IV. Reporting, Record Keeping and Invoices
A. CONTRACTOR shall have a certified truck scale on-site to weigh all loads of materials. The
weigh scales shall be calibrated in accordance with procedures established by the applicable state
and local authorities. Each vehicle shall be weighed upon entering and exiting (for those vehicles
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ATTACHMENT: 1
without tare weight) the CONTRACTOR’s processing facility with a certified weight receipt given
to driver after tipping the recyclable materials and greenwaste. A copy of the weigh slip shall be
submitted to the City with each monthly invoice in a form approved by the City. CONTRACTOR
shall maintain a daily log of the sequential ticket number, vehicle number, gross vehicle weight,
and tare vehicle weight. Copies of this information will be available to the City when requested.
B. CONTRACTOR shall be required to document, in a form approve d by the City, the average
amount of contamination and process loss in each load as determined in an annual waste
characterization study. A random sort audit of the collected recyclable material and greenwaste
may be conducted at the CONTRACTOR’s facility when requested by the City to verify
contamination rates and will be observed by a City designated representative.
C. On a monthly basis, CONTRACTOR shall submit an invoice, including a compilation of the
weight logs as well as the contamination and process loss logs, to the franchised waste hauler with
a copy to the City representative designated in the contract by the fifteenth of the month following
the service period. CONTRACTOR shall also submit a report on the City of Atascadero
processed recyclables and greenwaste which will include the commodity and gross tonnage for each
commodity, percentage of mixture to the total tonnage, residue tonnage, total tonnage, recycled
tonnage, and invoice to the franchised waste hauler with a copy to the City for the recycled
tonnage in accordance with EXHIBIT B, Section B.
D. CONTRACTOR will prepare all paperwork and provide the City with all necessary
information to allow City to prepare necessary reports to State for AB939 reporting.
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ATTACHMENT: 1
EXHIBIT B
PAYMENT ARRANGEMENTS
A. Payment for delivery of commingled recyclables and greenwaste shall be based upon the
scope of services contained in Exhibit A.
B. Monthly, CONTRACTOR shall invoice the CITY’s franchised hauler for the gross
materials received from the City’s residential and commercial commingled recycling and
greenwaste program over the period specified. The CITY’s franchised hauler will be charged $7 per
ton for delivered recyclable materials from the City’s residential and commercial recycling
program, delivered in the CITY’s franchised hauler’s authorized vehicles. The CITY’s franchised
hauler will be charged $27 per ton for delivered greenwaste from the City’s residential and
commercial greenwaste program, delivered in the CITY’s franchised hauler’s authorized vehicles.
The CITY’s franchised hauler shall pay the CONTACTOR within 30 days of receiving an invoice.
Residual from the City’s recycling program, processed through the CONTRACTOR’s Material
Recovery Facility located at 3360 La Cruz Way, Templeton California, shall be disposed of at
Chicago Grade Landfill. CONTRACTOR will pay the landfill-tipping fee.
The CONTRACTOR will pay every month to the City a franchise fee of $2.00 per ton on every
ton of the gross materials received that month from the City’s residential and commercial
commingled recycling and greenwaste programs. This payment will be made within 15 days of
receiving payment from the CITY’s franchised hauler.
C. CITY's failure to discover or object to any unsatisfactory work or billings prior to payment
will not constitute a waiver of CITY’s right to require CONTRACTOR to correct such work or
billings or seek any other legal remedy.
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 1
Atascadero City Council
Staff Report - Public Works Department
Solid Waste and Recycling Contract Negotiations
RECOMMENDATIONS:
Council:
1. Direct staff to bring back a contract that contains the deal points outlined
in the Atascadero Waste Alternative proposal for the exclusive curbside
collection of trash, commingled recyclables and green waste within City
limits.; and,
2. Direct staff to bring back a contract that contai ns the deal points outlined
in the North San Luis Obispo County Recycling, Inc. proposal for the
disposal of curbside recyclable and green waste materials originating
within the City limits.
REPORT-IN-BRIEF:
At the April 8, 2014 City Council meeting, the Council directed staff to enter into
negotiations with the two current service providers for solid waste collection, and
recycling. Of particular concern to Council was the apparent high cost of solid waste
disposal for commercial accounts.
Since that time Staff has had numerous meetings with the two companies regarding
terms for extension and/or renewal of the current contracts. The two companies are:
1. Atascadero Waste Alternatives (AWA) – solid waste collection
2. North San Luis Obispo County Recycling, Inc. (NSLOCR) – recycled
materials
As discussed at the April 8, 2014 meeting the two agreements are inter-related, as each
provider has specific requirements affecting the other. AWA is required to haul solid
waste (trash) to the landfill, and transport comingled recyclable materials and green
waste to the NSLOCR facility in Templeton. NSLOCR charges AWA $7/ton for
This attachment is a staff
report from June 10, 2014
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recyclables and $27/ton for green waste; and any residual material (trash in the
recyclable material) must then be separated and then hauled to the landfill by the
recycler.
Staff has been successful in working with Atascadero Waste Alternatives to bring down
commercial rates, hold residential rates, and add needed environmental services to City
parks and streets. Staff has also worked with NSLOCR and has a proposal which
would hold tipping and franchise fees at the current rate, and would provide the City up
to 100 cubic yards of composted mulch per year at no cost.
DISCUSSION:
Background: The City of Atascadero has the flexibility to enter into an exclusive
garbage franchise, with or without competitive bidding. This is pursuant to California
Public Resources Code §40059 (a) (2) which states:
“(2) Whether the services are to be provided by means of nonexclusive franchise, contract,
license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of
its governing body, the public health, safety, and well-being so require, by partially exclusive or
wholly exclusive franchise, contract, license, permit, or otherwise, either with or without
competitive bidding. The authority to provide solid waste handling services may be granted
under terms and conditions prescribed by the governing body of the local governmental agency
by resolution or ordinance.”
In addition, California Public Resources Code §49300 states:
“The legislative body of a city may contract for the collection or disposal, or both, of garbage,
waste, refuse, rubbish, offal, trimmings, or other refuse matter under the terms and conditions
that are prescribed by the legislative body of the city by resolution or ordinance.”
The Atascadero Municipal Code §6-4.13 contains the terms and conditions for
contracting for garbage service, specifically:
(a) It is unlawful for any person to collect, haul, or transport for hire solid waste on any
roadway within the City unless there is in force, with respect to such person, a contract to engage
in such occupation, as provided in this chanter. The provisions of this section shall not apply to
persons or business establishments hauling household, industrial, or commercial waste or residue
from their own premises, to farming or agricultural operations; however, those exempt from the
requirements of this section shall not create a public or private nuisance, and shall comply with all
other requirements for collection and transportation of solid wastes.
(b) Such contract shall provide that the contractor shall collect and dispose of the refuse,
garbage, rubbish and other solid waste materials in the City in the manner as set forth in this
chapter, and shall not charge any amounts in excess of the rates specified in the contract
agreement or by resolution of the Council. The contract shall be required to furnish a cash or
surety bond to the City in the amount of Twenty-five Thousand and no/100ths ($25,000.00)
This attachment is a staff
report from June 10, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 2
Dollars, conditioned upon the faithful performance of the contract agreement and the provisions of
this chapter.
(c) The contract agreement shall provide that the contractor shall be required to dispose of
all refuse or garbage and rubbish at a disposal site approved by the County Health Department of
the County.
(d) The contract agreement shall require that the contractor procure for the period covered
by the contract, full compensation insurance in accordance with the provisions of the State Labor
Code.
(e) The contract agreement shall require that the contractor carry public liability insurance
to the extent of at least Five Hundred Thousand and no/100ths ($500,000.00) Dollars for the death
or injury to one (1) person and at least One Million and no/100ths ($1,000,000.00) Dollars for the
death or injury of more than one (1) person, and property damage insurance of at least Five
Hundred Thousand and no/100ths ($500,000.00) Dollars, upon each of the trucks or vehicles used
by the refuse collector in carrying out the work called for in the contract agreement, such
insurance to cover both the City and the contract. Said insurance amounts shall be reviewed
periodically by the City and amended by resolution of the Council.
(f) The City Council, by resolution, shall have power to provide for the inclusion in the
contract agreement of such terms as it deems necessary to protect the interest of the City. (Ord. 56
§ 6-4.13, 1982)
Solid Waste Contract
The City currently has an agreement with AWA for the exclusive curbside collection of
trash, commingled recyclables and green waste within City limits. AWA has been the
curbside waste collection provider since 1998 and the current agreement has been in
place since 2008. The solid waste collection agreement with AWA is set to expire on
January 01, 2015, and the agreement contains provisions for three one-year extensions
to 2018. As stated at the April City Council meeting, the City must give AWA a 6-month
notice if their contract will not be extended (i.e. by July 1, 2014).
Other key provisions of the current agreement are:
AWA provides trash, recycling and green waste collection and disposal services
to City Buildings at no cost.
AWA provides Spring and Fall citywide “Residential Clean-Up Day” at no charge.
AWA provides Creek Clean-Up Day support at no charge.
AWA directly bills and collects fees from users to cover collection, recycling and
disposal of trash.
User rates are set by the agreement in place with the City. CPI adjustments
(85% of current CPI) every other year on Jan. 1.
This attachment is a staff
report from June 10, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 2
Terms Related to Landfill:
All solid waste (trash) from City to be delivered to Chicago Grade Landfill
(CGLF).
AWA pays Chicago Grade Landfill current City per ton landfill rate for compacted
trash.
Terms Related to Recycling:
All collected curbside commingled recyclable and green waste materials to be
delivered to NSLOCR facility in Templeton.
AWA pays NSLOCR $7/ton for delivered recyclable materials.
o Material shall not exceed 10% by weight of trash (residual material).
AWA pays NSLOCR $27/ton for delivered green waste materials.
The current proposal from Atascadero Waste Alternatives includes all of the above
terms plus the following deal points:
Term: 6 year term (through December 31, 2020)
Additional Services:
Park trash collection – all exterior park trash cans will be serviced once per week
Street sweeping – areas of town with curb, gutter and sidewalk will be swept on
an agreed to schedule
19-Gallon reduced rate carts
Solar Powered “Big Belly” Recycling Units (3)
Free Document Shredding Day open to the public
Residential Rates: Residential rates to remain unchanged
Trash Service
Current
Monthly
Rate
Proposed
Monthly
Rate
30 Gallon Cart*20.58$ 20.58$
60 Gallon Cart*36.06$ 36.06$
90 Gallon Cart*46.56$ 46.56$
* Includes 90 Gallon Green Waste and
90/60 Gallon Recycle
Commercial Rates: Commercial rates to be reduced by 10% to 36% as per table below
(comparison to other north county rates is provided by Atascadero Waste Alternatives in
Attachment A):
This attachment is a staff
report from June 10, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 2
Trash Service
Current
Rate
Proposed
Rate
Proposed
Reduction
%
1CY 1/week 123.83$ 103.95$ 16%
1CY 2/week 222.95$ 193.52$ 13%
1CY 3/week 320.53$ 283.33$ 12%
1CY 4/week 417.33$ 373.05$ 11%
1CY 5/week 514.47$ 462.73$ 10%
1.5CY 1/week 146.32$ 103.95$ 29%
1.5CY 2/week 264.65$ 193.52$ 27%
1.5CY 3/week 381.77$ 283.33$ 26%
1.5CY 4/week 500.72$ 373.05$ 25%
1.5CY 5/week 619.74$ 462.73$ 25%
2CY 1/week 167.34$ 118.06$ 29%
2CY 2/week 306.26$ 221.97$ 28%
2CY 3/week 445.10$ 325.39$ 27%
2CY 4/week 584.02$ 429.26$ 26%
2CY 5/week 754.76$ 532.95$ 29%
3CY 1/week 206.87$ 146.67$ 29%
3CY 2/week 389.74$ 276.82$ 29%
3CY 3/week 569.92$ 406.90$ 29%
3CY 4/week 750.45$ 540.78$ 28%
3CY 5/week 930.89$ 672.35$ 28%
3CY 6/week 1,113.50$ 814.03$ 27%
4CY 1/week 250.64$ 175.48$ 30%
4CY 2/week 475.03$ 336.64$ 29%
4CY 3/week 695.00$ 493.50$ 29%
4CY 4/week 919.13$ 653.48$ 29%
4CY 5/week 1,147.56$ 811.53$ 29%
4CY 6/week 1,363.49$ 967.73$ 29%
6CY 1/week 323.34$ 224.47$ 31%
6CY 2/week 617.91$ 429.83$ 30%
6CY 3/week 914.89$ 583.80$ 36%
6CY 4/week 1,211.65$ 840.27$ 31%
6CY 5/week 1,508.45$ 1,045.61$ 31%
6CY 6/week 1,805.54$ 1,337.74$ 26%
32 gallon 38.45$ 27.09$ 30%
64 gallon 51.23$ 39.62$ 23%
96 gallon 66.24$ 44.18$ 33%
Buy Back Center: The current contract does not require a buy-back center; however
staff and Council worked with AWA to keep the recycling “Buy-Back Center” on San
Luis Avenue open. As a gesture of good will to the City and the community, AWA
agreed to operate the center until the franchise agreement was renegotiated or re -bid.
This attachment is a staff
report from June 10, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 2
The current proposal from AWA includes keeping the buy-back center open for one year
only. After one year, the buy-back center would remain open only under one of the
following conditions:
An additional 6.8% increase in commercial rates; or
An additional $0.40 monthly increase in residential rates in year 2 and then again
in year 3 (This increase would be in addition to any CPI increases); or
Change the current City recycling agreement with NSLOCR. This would involve
having NSLOCR pay AWA $10 a ton for commingled recycling, rather than the
current agreement that calls for AWA to pay NSLOCR $7 per ton; or
Change the current recycling agreement to allow AWA to bring recycling to the
facility of their choice. In addition to keeping the buyback center open, AWA
would pay the City $10 per ton for the commingled recycling
CalRecycle: If the State of California significantly reduces or eliminates its distribution
of California redemption deposit monies (CRV) to the AWA buy-back center, the City
and AWA would renegotiate a modified rate structure to maintain the buy-back center’s
ability to receive CRV products.
The proposal from AWA is included as attachment B.
Recycling Contract
In 2004 the City entered into an agreement with North San Luis Obispo County
Recycling, Inc. (NSLOCR) owned and operated by Brad Goodrow for the disposal of
curbside recyclable and green waste materials originating within the City limits. The
activity requires the operation of a Materials Recovery Facility, commonly referred to as
a MRF (pronounced “murph”). The current agreement has a ten year term (June 1,
2004 thru June 1, 2014.) In November of 2013 the Council authorized the City
Manager to extend the agreement to January 1, 2015. The extension has now been
agreed to by NSLOCR. The City may approve up to 5-year extension to June 1, 2019
under the current contract).
Other Key provisions of the agreement are:
NSLOCR receives $7 per ton for commingled recycling
NSLOCR receives $27 per ton for green waste
NSLOCR pays the City $2 per ton franchise fee for recyclable materials received.
Terms Related to Collection:
Recyclable material and green waste delivered to NSLOCR Templeton facility.
Terms Related to Landfill:
Recycler must haul “residual material” (sorted trash mixed in with the recycle
material delivered by AWA) to CGLF and pay current disposal fee.
This attachment is a staff
report from June 10, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 2
The current proposal from NSLOCR includes all of the above terms plus the following:
Term: 6 years (through December 31, 2020)
Rates: Tipping fees and franchise fees remain unchanged.
Additional Services: NSLOCR to provide City up to 100 cubic yards of composted
mulch per year at no cost.
Other Provisions:
City to require and oversee a waste characterization of commingled recyclables
at least once per year to enforce 10% maximum residual content delivered by
AWA.
NSLOCR to receive a 67% CPI adjustment (calculated identical to AWA and
Chicago Grade Landfill adjustment) in tipping fee every other year, to coincide
with AWA.
CalRecycle: If the State of California significantly reduces or eliminates its distribution
of California redemption deposit monies (CRV) to the NSLOCR MRF, the City and
NSLOCR would renegotiate a modified rate structure to maintain the MRF’s ability to
receive CRV products.
Analysis
Time is of the essence with respect to the current agreements in place. The City must
notify AWA six months in advance of any potential change in them providing service to
Atascadero. The projected schedule to complete the solid waste collection and recycle
program agreement renewals is:
June 10, 2014 Council agree in principal to the terms of a negotiated
extension of the two contracts, with minor
modifications (discussed in detail in this report).
July 2014 Bring final contracts back to City Council for final
consideration.
September 2014 Contract extensions take effect. Both contracts would
have the same term, renewal date, and rate
adjustment timing.
Staff recommended renegotiating with each of the providers due to their experience and
proven track record in providing services to the City of Atascadero. Each of the
provider’s unique knowledge of Atascadero and history of service has benefit to the rate
payers.
Renegotiating the agreements has allowed the City the ability to modify the terms and
conditions of service, in exchange for additional years to the contracts. The two service
providers have, in staff’s opinion, over the past two months negotiated in good faith and
have resolved the key issue identified at the Council at the April 8, 2014 Council
meeting, namely commercial garbage rates.
This attachment is a staff
report from June 10, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 2
In exchange for six additional contract years AWA has proposed to reduce commercial
garbage rates between 10% and 36% as shown on the table in Attachment A. This
reduction brings them down in line with other areas of the north county.
In addition to lower commercial rates AWA agreed to include the additional
environmental services in the solid waste collection contract at no additional cost,
namely:
Park trash collection – all exterior park trash cans will be serviced once per week
Street sweeping – areas of town with curb, gutter and sidewalk will be swept on
an agreed to schedule
19-Gallon reduced rate carts
Solar Powered “Big Belly” Recycling Units (3)
Free Document Shredding Day open to the public
The current proposal from AWA states that the buy-back center will be open for one-
year. During that year, it is expected that some of the uncertainty in the CRV program
will be cleared up. The need for the buy-back center, as acknowledged by the Council,
is important to the community. So, it is reasonable that a cost to provide the service be
passed on to the consumers. Council does not need to make a decision at this time as
to which funding option would be preferable, however extending the NSLOCR contract
would eliminate two of the options proposed by AWA. The two options that would be
eliminated would be:
Change the current City recycling agreement with NSLOCR. This would involve
having NSLOCR pay AWA $10 a ton for commingled recycling, rather than the
current agreement that calls for AWA to pay NSLOCR $7 per ton; or
Change the current recycling agreement to allow AWA to bring recycling to the
facility of their choice. In addition to keeping the buyback center open, AWA
would pay the City $10 per ton for the commingled recycling
The contract brought back before Council would include potential options and would
give staff time to work with AWA and IWMA on the most effective and lowest cost
alternative.
Similarly in exchange for six additional years NSLOCR has agreed to no increase in the
tipping fee established in 2004. This does not mean they have not been impacted by
inflation, increased costs and State regulation that impact their business. As part of the
negotiation process it was suggested that NSLOCR should be afforded the same type
of CPI adjustment as given to both AWA and the landfill operation. An adjustment of
67% of the CPI increase, every other year is warranted. The calculation would be done
at the same time as the AWA adjustment.
Negotiations were conducted in good faith with each of the providers. Both AWA and
NSLOCR submitted proposals for services not within their scope. AWA’s proposal for
keeping the buy-back center included an option to direct commingled recycling material
to the facility of their choice, thus potentially cutting out NSLOCR. NSLOCR submitted
This attachment is a staff
report from June 10, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 2
a proposal for curb-side collection of solid waste and recyclables, thus potentially cutting
out AWA. City staff did not consider the merits, sustainability or either proposal in
coming to a staff recommendation.
Currently the City does not regulate those companies currently providing construction
and demolition roll-off service in town. While unregulated in Atascadero, it is commonly
controlled by the municipality in other communities. Both vendors have expressed an
interest in providing franchise fees in exchange for exclusive rights to provide roll -off
boxes in town. This is an area where the City may explore full-cost recovery in the
future.
The renegotiated terms as outlined should provide the City and its businesses and
residents with high level uninterrupted service at reasonable rates.
Summary
The City’s goal is to provide the best service at the lowest cost to the public. Staff has
been able to successfully negotiate with each of the current providers and recommends
executing agreements with the current providers rather than go through the RFP /RFQ
process. The new agreements will provide improved environmental services related to
trash, storm water pollution prevention, and recycling that are provided in other
communities. The proposed residential rates remain the lowest in the North County,
and the commercial solid waste rates have been lowered substantially to be competitive
with other north county haulers. This represents a significant reduction in costs to local
businesses.
Staff feels the negotiations have resulted in improved service to the community at a
lower cost.
The term of the recycling agreement and the solid waste collection agreement currently
expire on January 01, 2015. Both agreements are proposed to be extended to
December 31, 2020. The following is a list of the key negotiated contract terms:
Solid Waste Collection:
1. Extend agreement to December 31, 2020 (6-years) under the current contract
terms.
2. Reduced commercial rates in accordance with attached Exhibit A.
3. Additional environmental services in accordance with attached Exhibit B.
4. Midstate Buy-Back Center to remain open until January 1, 2016. City to develop
plan to have an alternative program in place (i.e. Re-Planet, or supermarket
location buy-back centers per CalRecycle regulations), or approve rate inc rease
to residential and commercial customers to fund continued operation.
Recycling Agreement:
1. Extend existing agreement to December 31, 2020 (6-years) under the current
contract terms.
2. Tipping fees and franchise fees remain unchanged.
This attachment is a staff
report from June 10, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 2
3. NSLOCR to provide City up to 100 cubic yards of composted mulch per year at
no cost.
4. City to require and oversee a waste characterization of commingled recyclables
at least once per year to enforce 10% maximum residual content delivered by
AWA.
5. NSLOCR to receive a 67% CPI adjustment (calculated using the same
methodology as the AWA and Chicago Grade Landfill adjustments) in tipping fee
every other year, to coincide with AWA.
FISCAL IMPACT:
Commercial businesses in town will realize lower solid waste and recycling disposal
costs, estimated at an aggregate of $250,000 annually. City franchise fees would be
reduced due to the lower commercial garbage rates an estimated $25,000 per year.
The City would also realize reduced general fund expenses in meeting regulatory
compliance requirements for storm water permits (i.e. street sweeping and trash
removal). Similarly, Parks and Zoo staff would have more time to perform certain
maintenance activities currently not achievable.
City revenues from landfill tipping fees would be unaffected.
ALTERNATIVES:
1. Council may direct staff to negotiate additional or alternate deal points.
2. Council may direct staff to bring back one contract and give staff an alternate
direction for procuring the services currently provided in the other contract.
3. Council may provide staff direction to extend the term of services in accordance
with current contracts.
4. Council may provide staff direction to extend current contracts as needed to
allow preparation of a request for qualifications / proposals for combined solid
waste curbside collection and recycling processing services.
5. Council may provide staff direction to extend current contracts as needed to
allow preparation of a request for qualifications / proposals for separate solid
waste curbside collection and recycling processing services.
This attachment is a staff
report from June 10, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 2
ATTACHMENTS:
Attachment A: Proposed Commercial Rates
Attachment B: Additional Environmental Services
Attachment C: AWA Proposal Letter dated May 23, 2014
Attachment D: April 8, 2014 Staff Report
This attachment is a staff
report from June 10, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 2
Atascadero City Council
Staff Report - Public Works Department
Solid Waste and Recycling Agreements Forum
RECOMMENDATION:
Council provide staff direction to renegotiate agreements with the existing service
providers for solid waste collection and recycling.
REPORT-IN-BRIEF:
Solid waste collection, recycling, and landfill disposal within the City of Atascadero are
currently provided through agreements with three separate companies, namely:
1. Atascadero Waste Alternatives (AWA) – solid waste collection
2. North San Luis Obispo County Recycling, Inc. (NSLOCR) – recycled
materials
3. Chicago Grade Landfill, Inc. (CGLF) – landfill disposal
The three agreements are inter-related, as each provider has specific requirements
affecting the other. The City of Atascadero recently executed a new agreement with the
Chicago Grade Landfill that directs all solid waste generated in the City of Atascadero to
CGLF for the next seven years, until September 01, 2019. AWA is required to haul
solid waste (trash) to CGLF directly, and transport recyclable materials and green waste
to the NSLOCR facility in Templeton. NSLOCR charges AWA $7/ton for recyclables
and $27/ton for green waste; and any residual material (comingled trash in the
recyclable material) must then be separated and then hauled to CGLF by the recycler.
The initial term of the City recycling agreement with NSLOCR expires on June 01, 2014,
and the agreement contains provisions for a five year extension to 2019. In November
of 2013 the Council authorized the City Manager to extend the agreement to January 1,
2015. As of the date of the posting of this report, the extension agreement has not yet
been signed by NSLOCR.
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
Similarly, the solid waste collection agreement with AWA is set to expire on January 01,
2015, and the agreement contains provisions for three one-year extensions to 2018.
Staff believes that the current service providers have provided the City with consistent
and reliable service and have been good partners with the community. Furthermore,
Staff believes the renegotiation process would be the most efficient way to secure long-
term solid waste service for the community that allows for improved environmental and
customer service programs that benefit the entire community.
DISCUSSION:
Background: Solid waste, commingled recycling, and green waste collection,
processing and disposal are regulated by the Statewide California Integrated Waste
Management Authority and CalRecycle. The California Public Resources Code
declares that the responsibility for solid waste management is shared between the
State and local governments. Local agencies and the County enter into agreements
with service providers to perform the activities needed to meet State and local health
standards, and recycling diversion rates set by the State of California.
The City of Atascadero has the flexibility to enter into an exclusive garbage franchise,
with or without competitive bidding. This is pursuant to California Public Resources
Code §40059 (a) (2) which states:
“(2) Whether the services are to be provided by means of nonexclusive franchise, contract,
license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of
its governing body, the public health, safety, and well-being so require, by partially exclusive or
wholly exclusive franchise, contract, license, permit, or otherwise, either with or without
competitive bidding. The authority to provide solid waste handling services may be granted
under terms and conditions prescribed by the governing body of the local governmental agency
by resolution or ordinance.”
In addition, California Public Resources Code §49300 states:
“The legislative body of a city may contract for the collection or disposal, or both, of garbage,
waste, refuse, rubbish, offal, trimmings, or other refuse matter under the terms and conditions
that are prescribed by the legislative body of the city by resolution or ordinance.”
The Atascadero Municipal Code §6-4.13 contains the terms and conditions for
contracting for garbage service, specifically:
(a) It is unlawful for any person to collect, haul, or transport for hire solid waste on any
roadway within the City unless there is in force, with respect to such person, a contract to engage
in such occupation, as provided in this chanter. The provisions of this section shall not apply to
persons or business establishments hauling household, industrial, or commercial waste or residue
from their own premises, to farming or agricultural operations; however, those exempt from the
requirements of this section shall not create a public or private nuisance, and shall comply with all
other requirements for collection and transportation of solid wastes.
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
(b) Such contract shall provide that the contractor shall collect and dispose of the refuse,
garbage, rubbish and other solid waste materials in the City in the manner as set forth in this
chapter, and shall not charge any amounts in excess of the rates specified in the contract
agreement or by resolution of the Council. The contract shall be required to furnish a cash or
surety bond to the City in the amount of Twenty-five Thousand and no/100ths ($25,000.00)
Dollars, conditioned upon the faithful performance of the contract agreement and the provisions of
this chapter.
(c) The contract agreement shall provide that the contractor shall be required to dispose of
all refuse or garbage and rubbish at a disposal site approved by the County Health Department of
the County.
(d) The contract agreement shall require that the contractor procure for the period covered
by the contract, full compensation insurance in accordance with the provisions of the State Labor
Code.
(e) The contract agreement shall require that the contractor carry public liability insurance
to the extent of at least Five Hundred Thousand and no/100ths ($500,000.00) Dollars for the death
or injury to one (1) person and at least One Million and no/100ths ($1,000,000.00) Dollars for the
death or injury of more than one (1) person, and property damage insurance of at least Five
Hundred Thousand and no/100ths ($500,000.00) Dollars, upon each of the trucks or vehicles used
by the refuse collector in carrying out the work called for in the contract agreement, such
insurance to cover both the City and the contract. Said insurance amounts shall be reviewed
periodically by the City and amended by resolution of the Council.
(f) The City Council, by resolution, shall have power to provide for the inclusion in the
contract agreement of such terms as it deems necessary to protect the interest of the City. (Ord. 56
§ 6-4.13, 1982)
Regional Solid Waste
The Integrated Waste Management Authority (IWMA) acts as an advisory and advocate
agency for the planning and implementation of solutions to common solid waste
problems in the County. IWMA was formed pursuant to a Joint Powers Agreement
executed in 1994, and approved by the Atascadero City Council on March 28, 1995. All
incorporated cities and the County of San Luis Obispo are members of the IWMA, and
are represented on its Board of Directors. The IWMA operates in compliance with the
California Integrated Waste Management Act (Public Resources Code §40000 et seq.).
The agency is funded by a $0.30 per residential account surcharge, 2% per commercial
account surcharge, and a $3.00/ton landfill tipping fee.
In the North County, there are two landfills providing disposal of solid waste, namely:
1. Paso Robles Municipal Landfill (owned and operated by the City of Paso Robles)
2. Chicago Grade Landfill, Inc.
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
Solid waste, recycling, and green waste collection is contracted out by individual
agencies pursuant to negotiated agreements with private waste hauling companies.
Some of the agreements are:
1. Atascadero Atascadero Waste Alternatives (Waste Management)
2. Paso Robles Paso Robles Waste (Gomer)
3. Templeton (TCSD) Mid-State Solid Waste and Recycling (Goodrow)
4. Heritage Ranch San Miguel Garbage Co. (Kardasian)
5. Unincorporated County Various haulers
Roll-off containers for construction waste and demolition activities are regulated by a
county-wide agreement and are provided by numerous waste haulers on a non-
exclusive basis.
The processing of commingled recyclables (glass, plastic, metals, paper and cardboard)
occurs at designated Material Recovery Facilities (MRF), and green waste composting
operations are even fewer on the Central Coast. The curbside collected materials are
processed primarily at:
1. San Miguel Garbage San Miguel
2. Paso Robles Waste Paso Robles
3. North SLO County Recycling Templeton
4. Waste Connections San Luis Obispo
5. Waste Management Santa Maria
Other smaller operations exist around the County. All of these MRF facilities sort,
package and transport the recycled materials to regional facilities located in the Bay
Area and Los Angeles where they are exported primarily to China and then processed
back into materials used for manufacturing new consumer products.
Local Solid Waste
The City currently has agreements for solid waste collection, disposal, and processing
of recyclable materials through agreements with three companies, namely:
Solid Waste Collection: Atascadero Waste Alternatives (Waste Management)
Solid Waste Disposal: Chicago Grade Landfill (Mike Hoover)
Recycling: North SLO County Recycling, Inc. (Brad Goodrow)
With help from the Integrated Waste Management Agency (IWMA) the combination of
the three agreements provides the community with reliable, stable, and environmentally
responsive management of the solid waste stream generated within the City limits,
ensuring that State solid waste and recycling mandates are met.
While IWMA provides high level support of solid waste issues , State reporting and
advocacy, as well as hazardous waste programs, the City’s solid waste program is
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
provided by individual agreements administered by City Staff. Each agreement is
currently on a separate schedule for extension and renewal. A summary of each is
outlined below:
A. Solid Waste Disposal. In 2012 the City negotiated and approved a seven year
extension to the solid waste disposal agreement with Chicago Grade Landfill (CGLF),
and services are contracted through September 1, 2019. Key provisions of the
agreement are:
Landfill Rate: $42 per ton
Tipping Fee Paid to City: $ 1 per ton
Term: 7 years (Sept. 1, 2012 thru Sept. 1, 2019)
City guaranteed lowest “per ton” disposal rate for compacted solid waste
delivered to the site in AWA compactor trucks.
CPI adjustments (50% of current CPI) on: January 1, 2015, 2017 and 2019.
Accepts all WWTP sludge, and road kill for disposal at no charge.
Terms Related to Collection:
All solid waste collected within City limits must be delivered to CGLF.
Collection agreement or (AWA) pays disposal site per ton fee.
Terms Related to Recycling:
Recycler (NSLOCR) must haul “residual material” (trash in recycle material
delivered by AWA) to CGLF, and provide quarterly report of same to City.
B. Solid Waste Collection. In 2008 the City renewed an agreement with
Atascadero Waste Alternatives (AWA), a subsidiary of Waste Management Corporation.
The agreement provides for the curbside collection of trash, commingled recyclables
and green waste within City limits. AWA has been the curbside waste collection
provider since 1998. Key provisions of the agreement are:
Term: 7 years (Jan. 1, 2008 thru Jan.1, 2015)
(City has option to extend agreement for three additional one-year
periods through Jan. 1, 2018)
AWA provides Spring and Fall citywide “Residential Clean-Up Day” at no charge.
AWA provides Creek Clean-Up Day support at no charge.
AWA directly bills and collects fees from users to cover collection, recycling and
disposal of trash.
User rates are set by the agreement in place with the City. CPI adjustments
(85% of current CPI) every other year on Jan. 1.
Terms Related to Landfill:
All solid waste (trash) from City to be delivered to CGLF.
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
AWA pays CGLF current City per ton landfill rate.
Terms Related to Recycling:
All collected curbside commingled recyclable and green waste materials to be
delivered to NSLOCR facility in Templeton.
AWA pays NSLOCR $7/ton for delivered recyclable materials.
o Material shall not exceed 10% by weight of trash (residual material).
AWA pays NSLOCR $27/ton for delivered green waste materials.
C. Recycling / Green Waste. In 2004 the City entered into an agreement with
North San Luis Obispo County Recycling, Inc. (NSLOCR) owned and operated by Brad
Goodrow for the disposal of curbside recyclable and green waste materials originating
within the City limits. The activity requires the operation of a Materials Recovery
Facility, commonly referred to as a MRF (pronounced “murph”). Key provisions of the
agreement are:
Term: 10 years (June 1, 2004 thru June 1, 2014)
(City may approve up to 5-year extension to June 1, 2019).
Pays City $2/ton franchise fee for recyclable materials received.
Terms Related to Collection:
Recyclable material and green waste delivered to NSLOCR Templeton facility.
Terms Related to Landfill:
Recycler must haul “residual material” (sorted out trash mixed in with the recycle
material delivered by AWA) to CGLF and pay current dispo sal fee.
Agreement Timing Requirements
The projected schedule to complete the solid waste collection and recycle program
agreement renewals is:
1. April 08, 2014 General discussion of services and renewal process
2. May 27, 2014 Approve renegotiated agreements or, approval to
release a Request for Qualifications / Proposals.
3. August 2014 Approve new RFQ/RFP based collection / recycle
agreement(s).
4. January 2015 New agreements in place with existing or new service
provider(s). Transition plan may require short term
extension of current agreements if new provider is
selected.
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
Staff is requesting direction tonight on whether to extend current agreements, enter into
negotiations with current service providers to revise the agreements, or go out for new
proposals for services in a request for qualifications and proposals.
Industry Trends
State Regulations are evolving over time and are anticipated to require higher levels of
diversion of recyclable materials from landfills. There is current legislation being
considered by the State that would raise the diversion rate from 50% to 75%. The
current 5-cent “California Redemption Value” or “CRV” charge paid by consumers
results in rebates to the solid waste industry, however these funds are anticipated to be
reduced or eliminated in the near future. The elimination or reduction of these funds will
impact solid waste industry as revenues to IWMA and MRF’s would decrease. This
revenue loss would likely need to be made up with higher garbage rates to the public.
Where do the CRV funds go? CalRecycle pays out collected CRV deposits to:
1. Rebates to consumers at Buy-Back Centers
2. Curbside recycling program funding
3. Conservation grants for environmental programs
4. Funding for supermarket based recycle centers, like Re-Planet
5. Grants and program funding that encourage recycling
6. Statewide public education programs
7. Program administration
Currently almost all commingled recyclables are compacted, palletized and shipped to
China in container ships where the material is processed back into re-useable materials
for consumer products.
Bill Worrell, the Executive Director of IWMA will be present at the City Council meeting
to present information on his organization, what they do for the City, and address
Council questions on industry trends in San Luis Obispo County and the State in
general.
Current Issues in Atascadero
Both the solid waste collection and recycling agreements are nearing their initial
expiration dates. While both agreements have short term extension options available,
the long-term planning and agreement issues needed to ensure stable and predictable
rates for the public take time to execute should major changes be considered, or a new
service provider be retained.
What Influences Our Current Garbage Rates?
Residents and business owners receive a single garbage bill from Atascadero Waste
Management each month, but what influences that rate? Many of the cost associated
with solid waste management are considered “pass through charges”; for example the
per ton landfill rate of $42.00 per ton, the 10% City Franchise fees, IWMA service
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
charges, the commingled recyclable and green waste fee paid to NSLOCR just to name
a few. All three components to the solid waste disposal process (landfill, collection and
recycling) affect the rates paid by residents, and are included in a single bill managed
by the solid waste collection provider.
The unique setting of Atascadero, when compared to other cities, also influences the
rates we pay for solid waste services. The larger more rural lot nature of Atascadero,
along with rolling hillside terrain and miles of narrow roads causes more vehicle miles,
vehicle maintenance, and higher staff time collecting materials. More compact cities
with higher residential and commercial density tend to have more efficient solid waste
operations, and lower garbage rates.
Currently the three service providers provide several services to the City that are
included in the current garbage rates. The City receives trash service to all City
facilities, disposal of sludge from the wastewater plant, and disposal of animals killed on
City streets at no charge. Atascadero Waste Alternatives is also required to assist the
City with the Spring and Fall Residential Clean-Up Days, and Creek Clean-Up Day at no
charge.
Staff has also been working with AWA on keeping the recycling “Buy-Back Center” on
San Luis Avenue open even after it was realized the current solid waste collection
agreement doesn’t specifically require AWA to operate the center. As a gesture of good
will to the City and the community, AWA agreed to operate the center until the franchise
agreement was renegotiated or re-bid.
With respect to the recycling component of the solid waste program , market forces in
the recycled materials market can influence the viability of municipal recycling
programs. Typically aluminum and other metals, and bulk cardboard have had strong
markets needing those materials and prices continue to improve. However glass,
plastic and paper are more of a challenge. The materials often have to be stockpiled
until wholesale prices improve making it viable to transport the materials to Los Angeles
or the Bay Area for shipment overseas.
North SLO County Recycling has made a substantial investment in permitting and
constructing a north county composting operation in Creston. The facility has the
capability of accepting wood construction waste and green waste and processing the
materials into a rich organic compost material that can then be marketed back to
consumers for landscaping and gardening purposes. This is another example of the
innovation required to meet State diversion rates so those same materials don’t end up
in our landfills.
The City of Paso Robles in 2011 retained a consultant to prepare a financial and
operational audit of their current provider. The commercial garbage rates from the
study are included below. Staff has researched how Atascadero’s current residential
garbage rates compare to our neighboring communities. The following is a summary of
those findings:
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
Residential Rates.
(Using a standard 32-gallon cart as the unit for comparison)
Commercial Rates.
(Using a 1.5-cubic yard bin picked up once per week as the unit for comparison)
2014 32-gal Can
Agency Population Local Hauler Weekly
San Luis Obispo 44075 San Luis Garbage (WC)13.64$
Paso Robles 28677 Paso Robles Waste 25.02$
Atascadero 27800 Atasc Waste Alternatives (WM)20.58$
Arroyo Grande 17238 So. County Sanitation (WC)15.97$
Los Osos / Baywood Park 14351 Mission Country Disposal (WC)17.38$
Grover Beach 13200 So. County Sanitation (WC)14.77$
Nipomo CSD 12626 So. County Sanitation (WC)17.04$
Morro Bay 10391 Morro Bay Garbage (WC)15.18$
Pismo Beach 8640 So. County Sanitation (WC)14.51$
Oceano CSD 7260 So. County Sanitation (WC)13.24$
Cambria CSD 6233 Mission Country Disposal (WC)18.00$
Templeton CSD 4687 Midstate (Goodrow)23.80$
San Miguel / Shandon 2786 San Miguel Garbage (Kardasian)32.70$
From 2011 Paso Robles Rate Study 1.5 yard
Agency Population Local Hauler 1x/week
San Luis Obispo 44075 San Luis Garbage (WC)94.95$
Paso Robles 28677 Paso Robles Waste 92.93$
Atascadero 27800 Atasc Waste Alternatives (WM)139.04$
Arroyo Grande 17238 So. County Sanitation (WC)82.49$
Los Osos / Baywood Park 14351 Mission Country Disposal (WC)76.76$
Grover Beach 13200 So. County Sanitation (WC)71.89$
Nipomo CSD 12626 So. County Sanitation (WC)68.66$
Morro Bay 10391 Morro Bay Garbage (WC)85.19$
Pismo Beach 8640 So. County Sanitation (WC)78.78$
Oceano CSD 7260 So. County Sanitation (WC)69.66$
Cambria CSD 6233 Mission Country Disposal (WC)70.76$
Templeton CSD 4687 Midstate (Goodrow)93.18$
San Miguel / Shandon 2786 San Miguel Garbage (Kardasian)105.90$
Atascadero rate includes 90-gal recycle, and 90-gal. green waste once per week
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
What’s on the City’s Wish List?
There are several areas of the City’s maintenance and operations that continue to
present staffing and funding challenges to providing a high level of service to the
residents of Atascadero. During preliminary discussions with the City’s solid waste
provider, Staff has explored the potential for certain services to be contracted out to the
solid waste collection provider (typical in many areas of California), namely:
Park trash collection – where exterior trash cans would be serviced once per
week
Street sweeping – areas of town with curb, gutter and sidewalk would be swept
regularly
Commercial Food Waste Program – pre-consumer waste collection for
composting.
Several other initiatives were identified by Staff as being important to City residents,
including:
Local and convenient Buy-Back Center, and
Senior citizen discounted rates
And a couple items suggested by AWA, namely:
Solar Powered “Big Belly” Recycling Units (3)
Free Document Shredding Day open to the public
Analysis:
Extend Existing Agreements: This option maintains the status quo, by maintaining the
terms and conditions of the existing agreements. While this option produces a known
outcome that is consistent with past performance, it does not take the opportunity to
improve service levels to the City and the public, and fully coordinate the solid waste
collection and recycling service. Staff feels an opportunity to broaden the benefit of
these agreements would be lost.
Renegotiate Agreements with Existing Providers: This option would open up the terms
and conditions of the agreements through exclusive negotiations with the two current
service providers, in exchange for increased time (additional years) to the term of their
respective agreements. The two service providers have, in staff’s opinion, been good
partners in serving Atascadero’s solid waste and recycling needs, and are known
commodities. They have both provided the City with reliable service with little or no
administrative burden, and responded well to the needs of the public. AWA currently
serves over 8,400 accounts within Atascadero, most of which get trash, recycling and
green waste service every week. That is over 1.3-million service “touches” community
wide per year. In the past five years City Staff has responded to less than ten
complaints that were not handled directly by AWA to a customer’s satisfaction.
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
Staff is confident, based on past dealings with both providers, that good faith
negotiations could be productive. Any negotiations would be based on providing the
best possible service to the community at the lowest cost, and ultimately would be
considered and debated at a public hearing. Staff would develop a new scope of
service, followed by an open dialogue where modifications could be negotiated to
capture efficiencies not readily apparent at the onset. This flexibility would give both
sides the opportunity to shape the services in a manner that meets both parties ’ needs
while ensuring the public’s best interests are maintained. This flexibility could not be
achieved in the more rigid nature of an RFP where all proposals would be forced to
comply with a pre-determined scope of service.
All City agreements and contracts for services are open to public review, scrutiny and
input. Both the RFQ/RFP process and the negotiated contr act alternative have similar
levels of public input and involvement. Tonight’s discussion and public forum are
examples of the public’s opportunity to be involved. The public would again be involved
when the proposed agreements are brought back to Council for approval. Should
negotiations for some unknown reason be unproductive or untimely, there would still be
adequate time to proceed to a back-up plan, namely going out for an RFP/RFQ process
and entertain multiple proposals from other providers. Providers agreements need to
be in place at least six months in advance of any change in provider to allow for an
orderly transition.
Request for Proposal / Qualifications (RFP/RFQ): This process for selecting a provider
would be a similar process to that use d for procuring professional services under the
City’s purchasing policy. As with professional services, both the expected quality of the
service and the price must be considered when selecting a provider. A very low cost
provider that could not perform the work in a consistent manner would not serve the
community well. Conversely a very high cost provider that gives amazing service may
also not be in the best interest of the community. All aspects of a potential provider
would need to be examined to come to a decision on which provider would be best for
our community.
Staff (with the help of a consultant) would have to develop a thorough scope of service
that clearly sets out the City’s goals and services desired in a very black and white, fully
defined up front manner. Numerous potential providers would then submit proposals
outlining qualifications, experience, financial condition, capacity, references, costs and
other information requested in the RFP/RFQ. A selection committee consisting of City
staff and industry professionals would evaluate the proposals based on the specific
evaluation factors such as:
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
1. General quality and responsiveness to the request, including but not limited
to:
Responsiveness to the terms, conditions, and items of performance;
Completeness and thoroughness of the proposal;
Grasp of the work to be performed, and approach to be used.
2. Organization and personnel making the proposal:
Evidence of good organizational and management practices.
Qualification of the personnel.
Specialized experience of the provider and its personnel relative to the
required services.
References who can be contacted to verify past record of performance
(i.e., completion of a quality product in a timely manner and within
budget constraints).
The financial condition of the provider.
Capacity of the provider to perform the work within a required timeframe.
Commitment to the environment.
Proven track record of customer service.
Operational integrity.
Innovative programs and services.
Equipment maintenance and reliability.
Breadth of services provided.
3. The price
Total price and price breakdown.
Based on the selection committee evaluation, staff would recommend to the Council the
provider that best meets the needs of the City. Similar to the negotiation pro cess,
Council would then hold a public meeting to approve the recommendation.
The advantage of the RFP / RFQ process is the providers have one shot to bring
forward their best offer and they may be motivated to operate on a smaller profit margin
to ensure their proposal is looked upon favorably. All would “sharpen their pencil” to
provide the City the requested service at the lowest cost, making assumptions of how
they would be able to achieve the end result. This could mean lower costs for our
community.
There are also disadvantages to this method of reaching agreements with providers.
Under the RFP/RFQ method, staff would spend significant time verifying the level of
service provided by a prospective provider in other jurisdictions, evaluating financial
records to prove long-term viability, and developing detailed agreements that minimize
any misunderstandings. The RFP/RFQ method is also more rigid in nature and does
not allow a lot of back and forth exchange of information . Because the communication
is more limited in nature to give all participants the same information, there are often
more misunderstandings later in the contract. Much like the construction agreements
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
we execute on capital projects, once in place the scope of work is often debated, the
meaning of terms and conditions disputed, and the manner in which service is provided
may need to be carefully monitored.
While this process has its unique challenges it is not unfamiliar to staff, and staff
certainly feels it is a viable option for Council to consider and or select.
Should the City Council select the direct re-negotiation option or the RFP / RFQ
process, there would be several recommended objectives:
1. Modify the recycling and solid waste collection agreement timelines so they
coincide, allowing the City to more easily modify terms, or make inter-related
changes to the agreements.
Payment options, tipping fees, operational improvements, improved
customer service programs.
2. Include additional services to be provided by the providers
Recycle Center operation, commercial food recycling, composting, street
sweeping, trash collection, and other environmental services.
3. New location of processing and transfer station.
Locate transfer station at an appropriate industrial site.
4. Respond to changing industry trends and programs
Greenhouse gas reduction via use of vehicles powered by compressed
natural gas (CNG).
Public Benefit
The City’s goal is to provide the best service at the lowest cost to the public. New
agreements could provide improved environmental services related to trash, storm
water pollution prevention, and recycling that are provided in other communities. New
agreements will afford the City the opportunity to add additional services at a
competitive price.
Integrated Waste Management Agency (IWMA) staff has identified the following
services that are now common in solid waste agreements:
1. Senior citizen reduced rate.
2. Food waste collection and recycling / composting for commercial customers.
3. Regular street sweeping of all areas with curb, gutter and sidewalk assisting
agencies in meeting new storm water regulations.
4. Collection of solid waste at agency facilities, for example parks, bus stops,
agency buildings / parking lots, such as Community Centers.
5. Recycling buy-back centers.
6. Community “Clean Up Day” services.
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
Summary:
The initial term of the City recycling agreement with NSLOCR expires on June 01, 2014,
and the agreement contains provisions for a five year extension to 2019. Similarly the
solid waste collection agreement with AWA is set to expire on January 01, 2015, and
the agreement contains provisions for three one-year extensions to 2018.
The City now has the opportunity to secure long term agreements for solid waste and
recycling into the future, and improve on the level of service offered by its providers.
A basic decision point is whether to proceed status quo by extending the current
agreements, or take the opportunity to modify the level of services provided to the City
and the public either through direct renegotiation with the providers, or by a Request for
Proposal/ Request for Qualifications (RFP/RFQ) process. There are pros and cons for
each option.
The following is a list of the key decision points:
Recycling Agreement:
1. Extend existing agreement for up to 5-years under the current agreement terms.
2. Enter into negotiations with NSLOCR for a n agreement extension with new terms
and conditions to the agreement.
3. Circulate a new RFP / RFQ for a potential new vendor and agreement.
4. Combine recycling agreement with solid waste collection, or keep separate.
Solid Waste Collection:
1. Extend agreement for up to 3-years under the current agreement terms.
2. Enter into negotiations with AWA for an agreement extension with new terms and
conditions to the agreement.
3. Circulate a new RFP / RFQ for a potential new vendor and agreement.
Recommendation: Staff recommends that the City renegotiate long term agreements
with the existing providers. The additional services outlined above should be included
in those negotiations, with the goal being agreements for a higher level of service at
little or no increase in garbage rates. Staff feels the economic benefit to the two
companies in question, and longer agreement periods will be enough of an incentive to
result in the additional services at the same cost to the public.
ALTERNATIVES:
1. Council may provide staff direction to extend agreements with the existing
service providers for solid waste collection and recycling. Staff does not
recommend this option as staff feels that there are opportunities to modify
the agreement to obtain more services at no or little cost.
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
2. Council may provide staff direction to prepare a request for qualifications /
proposals for combined solid waste curbside collection and recycling
processing services. Council should weigh the benefits of a focused
negotiation process, where the service providers are a known quantity,
verses an RFP process that would likely involve the five firms that provide
similar service to communities within San Luis Obispo County. A new
provider may or may not prove, in the future, to be a challenge to administer,
and achieve and maintain the contracted level of service. A combined
contract may offer opportunities for the providers to achieve economies for
the combined services.
3. Council may provide staff direction to prepare a request for qualifications /
proposals for separated solid waste curbside collection and recycling
processing services. Council should weigh the benefits of a focused
negotiation process, where the service providers are a known quantity,
verses an RFP process that would likely involve the five firms that provide
similar service to communities within San Luis Obispo County. A new
provider may or may not prove, in the future, to be a challenge to administer,
and achieve and maintain the contracted level of service.
FISCAL IMPACT:
In discussion with the staff at IWMA it is suspected that a new agreement, even with the
potential additional services, could result in a no increase or minimal increase in
monthly garbage rates to City residents and businesses. Through this process the City
could also fund improved compliance with State storm water regulations (i.e. street
sweeping and trash removal). Similarly Parks and Zoo staff could focus more time
maintaining City facilities and less time manually sweeping streets and parking lots, and
emptying trash and recycling cans.
City revenues from landfill tipping fees would be unaffected.
ATTACHMENTS:
None
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
This attachment is a staff
report from April 8, 2014
ITEM NUMBER: A-6
DATE: 12/09/14
ATTACHMENT: 3
ITEM NUMBER: B-1
DATE: 12/09/14
Atascadero City Council
Staff Report – Public Works Department
2015 Community Development Block Grants
Draft Recommendations
RECOMMENDATION:
Council develop and adopt draft funding recommendations for the 2015 Community
Development Block Grant (CDBG) funds.
DISCUSSION:
Background: The 2015 CDBG award process began in the fall of 2014. The first of two
workshops was held throughout the County to solicit public comment on community
needs. The County published a request for CDBG proposals and the City received 5
applications. Total 2015 funding, based on previous levels, is anticipated to be
approximately $131,714. Final funding amounts are anticipated to be released by the
Department of Housing and Community Development (HUD) in early 2015.
CDBG funds are available for community development activities, which meet at least
one of the three national objectives:
1. A benefit to low and moderate-income persons;
2. Aid in the prevention or elimination of blight;
3. Address urgent needs that pose a serious and im mediate threat to the health or
welfare of the community.
In order for a program to qualify under the low and moderate income objective, at least
51% of the persons benefiting from the project or program must earn no more than 80%
of the area median. Additionally, at least 70% of the CDBG funds must be spent toward
this objective.
The following criteria should also be used to guide selection of CDBG programs:
1. The proposal is consistent with the national objectives and eligibility criteria of
the HUD CDBG program;
2. The proposal is consistent with the Urban County Consolidated Plan;
3. The proposal is consistent with the General Plan and other City
codes/ordinances.
ITEM NUMBER: B-1
DATE: 12/09/14
4. The proposal will achieve multiple community development objectives;
5. The proposal can be implemented in a timely manner, without significant
environmental, policy, procedural, legal, or fiscal obstacles to overcome; and
6. The project is not financially feasible without CDBG funding.
A remaining balance of $19,241 in 2013 unspent administration funds is available for
reallocation. These funds are restricted to the Public Facilities and may not be used for
Public Services or Administration.
The City received the following applications for the 2015 funding cycle:
Public Facilities
City of Atascadero – Handicapped Accessibility - Barrier Removal Projects $100,000
Public Services – Limited to 15% of 2015 Allocation ($19,757)
City of Atascadero – Youth Activity Scholarships 8,000
Atascadero Loaves and Fishes – Operation of Food Pantry 8,000
El Camino Homeless Organization – Operation of Homeless Shelter 12,400
Senior Nutrition Program – Meals for Seniors 15,000
Administration – Limited to 20% of 2015 Allocation ($26,343)
City Program Administration Costs 9,220
County Program Administration Costs 17,123
Total Funds Requested $169,743
2015 Estimated Allocation 131,714
2013 Reallocation 19,241
Total Estimated Funding Available $150,955
Applications received exceed the anticipated funding amount. In addition, there are
limits related to categories of funding as described below. As part of the CDBG process
tonight Council must develop a draft recommendation for the 201 5 grant year that
meets the funding criteria while adhering to the categorical limits.
Beginning this year for the 2015 Grant Year Funding, there are two important changes
to the CDBG grant that will likely affect the programming of funds:
1. Required County Program Administration
HUD now recommends that the County provide monitoring and oversight
for all CDBG grants. The County will receive 13% (estimated at $17,123)
of the total grant funds for this administration. The maximum budget for
administration is 20% of the 2015 Allocation. Since 13% will now be
directed to the County, the City’s maximum administrative reimbursement
cannot exceed 7% of the 2015 Allocation (estimated at $9,220).
2. Minimum Funding Threshold of $8,000 for Public Service Activities, Countywide
Due to recent changes in program oversight, HUD is requiring a higher
level of monitoring of all grant activities. These new regulations will
require significantly more administrative staff time for each awarded
activity than previously required. Due to the stringent monitoring and
oversight requirements mandated by HUD, CDBG awards must now meet
ITEM NUMBER: B-1
DATE: 12/09/14
a minimum threshold of $8,000 for public service activities on a County-
wide cumulative basis.
This threshold minimum means that the City of Atascadero can only program less than
$8,000 for a particular public service activity if another agency in the County comm its to
programming the remainder to equal a Countywide cumulative total of at least $8,000.
In previous years, the Council consensus was often to divide the available public
services funding between several of the applicants.
Last year, the Council consensus was to fund the Youth Activity Scholarships and the
Atascadero Loaves and Fishes at $5,064 each. That amount met HUD criteria for last
year, but in order to meet new HUD threshold minimums this year, another agency
would need to fund the remaining $2,936 to equal a countywide cumulative funding of
$8,000 for that organization.
There are four applicants this year for the public services funding with all requests
totaling $43,400, more than twice the available funding. A copy of all applications,
funding regulations and a summary of past awards has been provided with your agenda
packet. Copies have also been provided in the lobby and the library for public review.
Upon approval, the draft funding recommendations will be forwarded to the County for
publishing along with recommendations from all participating agencies. A minimum of
30 days after publication, the second workshop will be held to allow questions from
applicants regarding the draft recommendations, after which the draft allocations will be
forwarded to City Council, with comments from the workshop, for final approval and
forwarding to the County Board of Supervisors. The following is a brief explanation of
the funding groups and applications within each:
PUBLIC FACILITIES
Public Facilities are defined as activities relating to real property, including the
acquisition, construction, rehabilitation or installation of public improvements. These
activities can be carried out by a grantee, subrecipient or other nonprofit.
City of Atascadero – City Facilities and Infrastructure – Barrier Removal
Funds Requested: $100,000
This project provides for the architecture barrier removal on El Camino Real (ECR)
between San Rafael and Jornada Lane. The project will include sidewalk installation
and pedestrian ramp replacement.
City infrastructure improvements to install wheelchair ramps and sidewalks to aid those
with mobility impairments.
ITEM NUMBER: B-1
DATE: 12/09/14
PUBLIC SERVICES - 15% cap on percentage of award from this category estimated at
$19,757 this cycle.
CDBG regulations allow for a wide range of public service activities, including, but not
limited to: employment services, crime prevention, child care, health services,
substance abuse services, fair housing counseling and recreational services.
City of Atascadero – Youth Activity Scholarship Fund
Funds Requested: $8,000
The City administers this scholarship fund to allow the children of very low and low-
income families to participate in recreational and social activities. The 2013 Grant funds
provided over 150 scholarships to keep children active and engaged. Because this
program is limited to very-low and low-income families, the benefit criteria will be met.
Atascadero Loaves and Fishes – Groceries for Needy Families
Funds Requested: $8,000
Loaves and Fishes operate an emergency food pantry for very low and low-income
residents in Atascadero, Templeton, Santa Margarita, Creston and California Valley. In
2013 they served 18,956 individuals over 228,000 pounds of groceries. They are
requesting funds to purchase groceries.
El Camino Homeless Organization – Operation of Homeless Shelter
Funds Requested: $12,400
ECHO provides shelter services to the homeless in Northern San Luis Obispo County,
including Santa Margarita, Atascadero, Paso Robles, San Miguel, Creston and
Shandon. ECHO recently completed a major renovation that included the expansion of
the shelter from 31 to 50 beds which provided a 40% increase in the number of clients
served. The ECHO shelter, intake process and all ancillary services are located at 6370
Atascadero Avenue in Atascadero.
Senior Nutrition Program of San Luis Obispo County – Hot Lunches for Seniors
Funds Requested: $15,000
The Senior Nutrition Program operates ten dining rooms throughout San Luis Obispo
County that provide hot noon time meals to seniors or delivery of meals to those that
are homebound.
ADMINISTRATION – Limited to 20% of 2015 Allocation ($26,343)
City of Atascadero – CDBG Program Administration- limited to 7% of the 2015
Allocation
Funds Requested: $9,220
Significant City staff time from Administration, Public Works and Administrative Services
is required for CDBG administration, and coordination with County Planning staff. The
ITEM NUMBER: B-1
DATE: 12/09/14
City’s administrative portion of the funding cannot exceed 7%, or $9,220, of the total
administrative grant amount.
If administration costs exceed the funding allocation, remaining cost of administering the
program will need to be paid from the general fund.
County of San Luis Obispo– CDBG Program Administration- limited to 13% of the
2015 Allocation
Allocated Funds: $17,123
Due to the complexity of grant administration responsibilities and the consequences of
non-compliance, HUD recommends that the County provide all monitoring and oversight
for all CDBG grants. The County will assume the duties of project oversight, and
receive a required 13% of the total grant funds for administration services in the amount
of $17,123.
REALLOCATION – 2013 CDBG funds restricted to Public Facilities ($19,241)
Soft costs (archeology report and engineering design plans) for the architecture barrier
removal on El Camino Real (ECR) between San Rafael and Jornada Lane. The project
will include sidewalk installation and pedestrian ramp replacement.
FISCAL IMPACT:
The 2015 allocation is estimated to be $131,714.
ALTERNATIVES:
Awards must meet program requirements, providing a minimum of 70% of funding for
benefit to low and moderate-income persons, and no more than 15% can be allocated
to the public service category.
ATTACHMENTS:
1. Prior Year “Public Service” Awards
2. 2015 Countywide CDBG Applications
NOTE: A complete packet of submitted applications is available for public review at the
City of Atascadero, 6500 Palma Avenue.
ITEM NUMBER: B-1
DATE: 12/09/14
ATTACHMENT: 1
PAST YEARS “PUBLIC SERVICE” AWARDS
Total-All
Grant Years
PUBLIC SERVICE ACTIVITIES Grant Award % of
total Grant Award % of
total Grant Award
Youth Scholarships 8,000$ 41%5,064$ 26%13,064$
ECHO 3,700$ 19%9,615$ 49%13,315$
Loaves & Fishes 7,800$ 40%5,064$ 26%12,864$
19,500$ 100%19,743$ 100%39,243$
Grant Year 2013 Grant Year 2014
ITEM NUMBER: B-2
DATE: 12/09/14
Atascadero City Council
Staff Report - Community Development Department
PLN 2014-1506
(GPA 2014-0029 / ZCH 2014-0174 / LMG 2014-0013)
General Plan Land Use Element Amendment – Cycle C 2014
Former Atascadero Library Site
6850 Morro Road, 6925 & 6907 Atascadero Avenue
(County of San Luis Obispo)
RECOMMENDATIONS:
Planning Commission Recommends the City Council:
1. Adopt Resolution A certifying Proposed Negative Declaration 2014 -0008; and,
2. Adopt Resolution B approving General Plan Amendment 2014 -0029, changing
the General Plan Land Use Designations of the subject lots from Public Facilities
(P) and General Commercial (GC) to General Commercial (GC) and High
Density Residential (HDR) based on findings; and,
3. Introduce for first reading, by title only, Draft Ordinance A approving Zone
Change 2014-0174, changing the zoning designation of the subject lots from
Public (P) and Commercial Professional (CP) to Commercial Retail (CR) and
Residential Mulitfamily-20 (RMF-20), based on findings; and,
4. Adopt Resolution C approving Lot Merger 2014-0013, to merge APN 030-282-
033 and APN 030-282-027, based on findings and subject to Conditions of
Approval.
REPORT-IN-BRIEF:
The proposed project consists of an application for a General Plan Amendment (GPA),
Zoning Map Amendment (ZCH), and Lot Merger (LMG) to change the land use
designations on parcels owned by San Luis Obispo County and previously used as the
ITEM NUMBER: B-2
DATE: 12/09/14
Atascadero Library. A lot merger has been requested to combine two lots (APN 030-
282-033 and APN 030-282-027) because the existing library building was constructed
across the property line and currently located on both parcels. These actions are
proposed in order to facilitate the sale of the existing building for use as a commercial
business consistent with the surrounding uses, and to provide for opportunities for multi-
family development adjacent to the City’s existing commercial corridor.
The Planning Commission reviewed the proposed applications on October 7, 2014, and
voted 7-0 to recommend approval to the City Council.
DISCUSSION:
Situation and Facts:
1. Property Owner/Applicant: County of San Luis Obispo, General Services
1087 Santa Rosa Rd. San Luis Obispo, CA 93408
2. Project Address: 6850 Morro Rd., Atascadero, CA 93422
(San Luis Obispo County) APN 030-282-033 & 027
6925 Atascadero Ave., Atascadero, CA 93422
(San Luis Obispo County) APN 030-282-032
6907 Atascadero Ave., Atascadero, CA 93422
(San Luis Obispo County) APN 030-282-018
3. General Plan Designation: 6850 Morro Rd. - General Commercial (GC) and Public
Facilities (P)
6925 Atascadero Ave. - Public Facilities (P)
6907 Atascadero Ave. - High-Density Residential
(HDR)
4. Zoning District: 6850 Morro Rd. - Commercial Professional with
Planned Development #3 overlay
(CP/PD-3) and Public (P)
6925 Atascadero Ave. - Public (P)
6907 Atascadero Ave. - Residential Multi-family-20
(RMF-20)
5. Site Area: 1.11 acres (total of 4 parcels)
6. Existing Use: Former Atascadero Library Site; currently occupied with
two vacant buildings
ITEM NUMBER: B-2
DATE: 12/09/14
7. Environmental Status: Proposed Negative Declaration 2014-0008
DISCUSSION:
Background: On October 7, 2014 the Planning Commission held a public hearing for
the proposed General Plan and zoning designation amendments and the proposed lot
merger. On a 7-0 vote the Planning Commission recommended the City Council
approve the proposed applications.
In December of 2010, San Luis Obispo County, in conjunction with the City of
Atascadero and the Friends of the Atascadero Library, purchased a new larger building
at 6555 Capistrano Avenue in order to relocate and expand the Atascadero library. In
order to help fund the new library site purchase and building improvements, the site of
the former Atascadero library at 6850 Morro Road will be sold by the County of San Luis
Obispo.
The former library location (subject site) consists of four (4) separate parcels zoned for
commercial, public, and residential uses. The site is occupied by the former Atascadero
library building and a vacant single-family house that was once used for library storage .
The County has concluded that the highest and best use for the site is likely to be a
mixture of commercial and residential uses, consistent with surrounding zoning and
existing land uses. Thus, the County has applied for a General Plan Amendment and
associated Zone Change application to remove the Public land use and zoning
designations. The two (2) parcels on Morro Road where the former library building is
located are proposed to be designated as Commercial Retail PD-3 and merged. The
other two (2) parcels on Atascadero Avenue are proposed to be designated as
Residential Multi-Family-20.
The proposed General Plan Amendment was presented to City Council on May 27,
2014, and authorization was given by the Council to proceed with the application. At
that meeting the Council also discussed potential site design options and issues such
as parking and setbacks for the future commercial use. Council provided direction at
the meeting, which has been incorporated in the project proposal and conceptual site
plan.
Surrounding Land Use and Setting:
North: Residential Multi-family-20 & Commercial Professional / PD 3 overlay zone
East: Commercial Retail / PD3 overlay zone
South: Commercial Retail / PD3 overlay zone
West: Residential Multi-family-20
Commercially zoned properties front Morro Rd. with properties to the northern boundary
zoned Commercial Professional/PD-3 (CP/PD3) and properties to the east zoned
Commercial Retail/PD3 (CR/PD3). The immediate property to the south is zoned
ITEM NUMBER: B-2
DATE: 12/09/14
Commercial Retail/PD3 (CR/PD3) while more southern properties fronting Morro Rd.
are zoned Commercial Professional/PD-3 (CP/PD3). Properties to the north fronting
Atascadero Ave. and to the west are designated High Density Residential, with a zoning
of Residential Multi-family-20 and allow a development potential of 20-24 dwelling units
per acre.
ANALYSIS:
Proposed General Plan Amendment and Zoning Map Change:
Due to the recent relocation of the library to 6555 Capistrano Ave, the County of San
Luis Obispo has submitted an application to re -designate the existing parcels of the
previous library site from a combination of Public and Commercial General Plan and
zoning classifications to a combination of Reside ntial and Commercial classifications.
These actions are proposed in order to facilitate the sale of the existing building on
Morro Road for future use as a commercial business, and to provide for opportunities
for higher density multi-family development adjacent to the City’s existing commercial
corridor.
Proposed General Plan and Zoning Designation Changes
6925 & 6907 Atascadero Ave
APN’s 030-282-018 & 030-282-032
Existing General Plan
Designation: High Density
Residential (HDR) & Public Facilities
(P)
Proposed General Plan
Designation:
High Density Residential (HDR)
Existing Zoning:
Residential Multi- Family (RMF-20)
& Public Facilities (P)
Proposed Zoning:
Residential Multiple Family (RMF-20)
6850 Morro Rd.
APN 030-282-033
& 030-282-027
Existing General Plan
Designation:
Public Facilities (P) & General
Commercial (GC)
Proposed General Plan
Designation:
General Commercial (GC)
Existing Zoning:
Public Facilities (P) &
Commercial Professional (CP)
with PD3 overlay
Proposed Zoning:
Commercial Retail (CR) with
PD3 overlay
ITEM NUMBER: B-2
DATE: 12/09/14
The County is proposing to change the larger Public zoned parcel and the existing
Commercial Professional zoned parcel at 6850 Mo rro Road (former library building) to
Commercial Retail with a PD-3 overlay zone. A corresponding General Plan land use
designation of General Commercial is proposed for both parcels. These new
designations would be consistent with the adjacent property to the south. This will allow
the existing library building on site to be repurposed by the potential buyer for use as
any of the allowed uses for the Commercial Retail (CR) zone.
The smaller Public zoned parcel at 6925 Atascadero Avenue is proposed to be zoned
Residential Multi-Family (RMF-20), allowing between 20-24 dwelling units per acre. This
multi-family zoning is requested in order to alleviate development constraints and create
a more viable building area for a future multi -family project in conjunction with the
existing RMF-20 property directly to the north at 6907 Atascadero Avenue (also under
County ownership.) The proposed zoning is consistent with adjacent properties on
Atascadero Avenue to the north of the subject sites.
Aerial Photo of Existing property
6850 Morro Rd.
APN 030-282-033
Existing Designation: Public (P)
County proposal: Commercial Retail
(CR/PD-3)
Reuse of former library building for
new commercial use
6907 Atascadero Ave
APN 030-282-018
Existing Designation:
Residential Multi-Family
(RMF-20)
County proposal:
Remain RMF-20
Existing SFR in poor
condition, would most
likely be demolished
6850 Morro Rd.
030-282-027
Existing Designation:
Commercial Professional
(CP/PD-3)
County proposal: Commercial
Retail (CR/PD-3)
This parcel would be merged
with the adjacent parcel as the
building crosses the current
property line
6925 Atascadero Ave
APN 030-282-032
Existing Designation:
Public (P)
County proposal:
RMF-20
Will help create more
viable building area in
conjunction with
adjacent RMF lot
ITEM NUMBER: B-2
DATE: 12/09/14
Conceptual Site Design:
In order to demonstrate future possible uses and associated parking under the new
zoning, the County has prepared a conceptual site plan for the subject sites. This
concept plan is for planning purposes only, and is not currently proposed for
construction. The site plan meets the requirements of the Atascadero Municipal Code
PD-3 and the appearance review requirements of the General Plan regarding site
design. Staff has reviewed each lot and new building and parking placement for setback
consistency.
Commercial parcels: The existing 8221 square foot library building is expected to be
repurposed for a new commercial use under the new Commercial Retail Zoning
designation. Uses which may be considered include medical offices, dance studios,
gymnastic schools, and similar uses. Since these can be parking intensive uses with
high turnover, it is important to ensure that there is enough area preserved for onsite
parking for the future commercial buyer and tenant. The conceptual site plan identifies
42 parking spaces on the subject site, which is enough to serve a variety of the most
parking intensive potential new commercial uses. An access easement will be recorded
on the adjacent parcel (APN 030-282-032) in order to access the additional commercial
parking area off Atascadero Avenue. Building Code upgrades, including fire sprinklers
and accessibility upgrades, may be required depending on the change of occupancy
and type of new use.
Residential parcels: The existing single family residence on Atascadero Avenue is in
very poor condition and would most likely be demolished by the future buyer in order to
construct multi-family housing on this infill lot. The existing County owned multi-family
parcel at 6907 Atascadero Avenue is very narrow (45-feet wide), making development
challenging. W ith the rezoning of the adjacent lot at 6925 Atascadero Avenue to multi-
family, development of the two sites together would make development more feasible.
The added multi-family parcel may alleviate development constraints and create a wider
frontage and more viable building area for a future multi-family project. The conceptual
site plan has identified four (4) two-bedroom multi-family units with an access road and
nine (9) dedicated parking spaces off Atascadero Avenue.
ITEM NUMBER: B-2
DATE: 12/09/14
Proposed Conceptual Site Plan
Lot Merger:
A lot merger has been requested to combine APN -030-282-033 and APN 030-282-027.
The existing library building is constructed on both pa rcels and currently crosses the
property line. The lot merger will correct this problem by creating one parcel for the
existing building at 6850 Morro Road. The new combined parcel at 6850 Morro Road
will be zoned Commercial Retail (CR), with a General Plan designation of General
Commercial (GC). There is no minimum lot size for parcels within this designation. The
combined parcel area will be approximately 0.75 acres.
The State Subdivision Map Act (Section 66412(d) of the California Government Code)
states that Lot Line Adjustments, including Lot Mergers, may be reviewed for
compliance with building and zoning codes and may be conditioned to meet these
codes or come as close as possible to meeting them.
Future residential units
with parking along
Atascadero Ave.
Reuse of existing
library building for
commercial use,
with associated
parking lot
Morro Rd. Atascadero Ave. Existing lot line to be
eliminated through
Lot Merger
Easement to be provided on RMF-20 lot
to allow access to additional parking on
Commercial Retail lot, accessed off
second driveway on Atascadero Ave.
ITEM NUMBER: B-2
DATE: 12/09/14
The lot, as conditioned, will conform to the Subdivision Map Act and the City’s
subdivision, zoning and building ordinances.
GPA Neighborhood Meeting
City Council policy regarding General Plan Amendments requires that all amendments
be reviewed and processed in such a manner as to facilitate citizen participation. In
addition to Council authorization to process and a Council study session, a
neighborhood meeting is required. The applicant is required to hold a neighborhood
meeting to present the request to citizens of the area neighborhoods and for the citizens
to identify, list, and discuss issues related to the amendment. The applicant is
responsible for organizing and conducting the meeting and attempting to resolve as
many issues as possible before submitting a formal application to the City for review
and processing.
A neighborhood meeting regarding the proposed General Plan Land Use Diagram
Amendment and rezoning was held at the project site (old Atascadero Library) on
Thursday August 14, 2014. Three of the adjacent neighbors attended the meet ing and
reviewed the conceptual site plan with City and County staff. No major project related
issues were identified by the neighbors. The proposed rezoning will be consistent with
the surrounding residential and commercial uses on Morro Road and Atascadero
Avenue.
General Plan Consistency
The General Plan HDR land use designation permits a minimum density of 20 dwelling
units per acre and a maximum of 24 dwelling units per acre. The General Commercial
General Plan designation and corresponding Commercial Retail zoning are intended to
meet the convenience shopping needs of residents in the surrounding area. Per the
General Plan, retail nodes should be located at intersections of arterial streets and on
major collector streets, including State Highways. Per the General Plan and the
appearance review manual, construction of multi-family residential units and commercial
sites require appearance review of architectural design, materials, street trees, and
landscaping to maintain and retain the rural atmosphere and protect the environment,
and incorporate architectural themes into the site and building design.
The proposed project is consistent with the following General Plan Land Use and
Element Policies:
Land Use Policy 1.1: “Preserve the rural atmosphere of the community and assure
“elbow room” in areas designed for lower density development by guiding new
development into the Urban Core to conform to the historic Colony land use patterns of
the City and to respect the natural environment, hillside a rea and existing
neighborhoods”.
ITEM NUMBER: B-2
DATE: 12/09/14
Land Use Program 1.1.7: “Within the Urban Core encourage infill development or
revitalization or reuse of land already committed to urban development where utilities
and public services exist.
Land Use Policy 2.1: “Ensure that new development is compatible with existing and
surrounding neighborhoods”.
In staff’s opinion, the project is consistent with the goals and policies of the Land Use
Element and the Housing Element. The project will provide new multi-family dwellings
that fulfill an important housing need within the community, and will repurpose a
currently vacant building for commercial uses to serve the community.
Findings
Specific findings must be made for approval of a General Plan Amendment and Zoning
Map Change:
General Plan Amendment Findings:
1. The proposed amendment is in the public interest.
Staff Comment: reuse of the existing library building is in the public interest. The
existing buildings on the subject sites are currently vacant and can bec ome an
attractive nuisance if they remain unoccupied. The site was previously spot zoned as
Public (P) due the library use that was previously located at the site; however, Public
zoning allows for very limited uses, most of which would not be consistent with the
adjacent commercial and residential lots.
2. The proposed amendment is in conformance with the adopted General Plan Goals,
Policies, and Programs and the overall intent of the General Plan.
Staff Comment: As identified above, the proposed proje ct is consistent with the
General Plan Goals, Policies, and Programs and the overall intent of the General
Plan.
3. The proposed amendment is compatible with existing development, neighbo rhoods
and the environment.
Staff Comment: The land use designations of High Density Residential and General
Commercial are proposed because they create consistency with the adjacent parcels.
New uses would be compatible with existing adjacent uses.
ITEM NUMBER: B-2
DATE: 12/09/14
4. The proposed amendment will not create any new significant and un avoidable
impacts to traffic, infrastructure, or public service impacts.
Staff Comment: The proposed project and use is consistent with the traffic
projections and road improvements anticipated within the General Plan. Residential
Multi-family and commercial uses at the proposed location are consistent and
compatible with the surrounding neighborhoods. As analyzed in the proposed
Negative Declaration, the project will not create significant impact.
5. The proposed amendment is consistent with adopted General Plan EIR and
mitigation monitoring program.
Staff Comment: The proposed General Plan land use diagram amendment and
corresponding rezoning is minor in nature and is consistent with surrounding uses.
The redesignation of 1.1 acres on Atascadero Avenue and Morro Road will be
consistent with the project and use is consistent with the traffic projections and road
improvements anticipated within the adopted General Plan EIR and mitigation
monitoring program.
6. The proposed amendment is in the best interest of the City to enact this amendment
to the General Plan Land Use Diagram to protect the health, safety and welfare of its
citizens and is compatible with existing and proposed development.
Staff Comment: The proposed amendment is in the best interest of the City and will
protect the health, safety and welfare of its citizens and is compatible with existing
and proposed development. This is the basis and intent of the proposed project.
Zone Change Findings:
As specified in the City’s General Plan and Zoning Ordinance, the following specific
findings for the proposed Zone Change shall be made in order to approve the proposed
project:
1. The proposed Zone Change is in conformance with the adopted General Plan Goals,
Policies, and Programs and the overall intent of the General Plan.
Staff Comment: As identified above, the proposed project is consistent with the
General Plan Goals, Policies, and Programs and the overall intent of the General
Plan.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance).
ITEM NUMBER: B-2
DATE: 12/09/14
Staff Comment: The proposed zoning map amendment will create consistency with
surrounding zoning. All future development on these parcels will be plan checked
for consistency with the standards and allowances of the Atascadero Municipal
Code, including the Zoning Ordinance.
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use.
Staff Comment: The proposed project will not be detrimental to the health, safety, or
welfare of the general public or persons residing or working in the neighborhood of
the use, or be detrimental or injurious to property or improvements in the vicinity of
the use. The use is consistent with the traffic projections and road improvements
anticipated within the General Plan. Residential multi-family and commercial uses at
the proposed location are consistent and compatible with the surrounding
neighborhoods.
4. The proposed project or use will not be inco nsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The residential and commercial designations are proposed for the
subject parcels because they create consistency with the adjacent parcels. N ew
uses would be compatible with existing adjacent uses and help facilitate orderly
development.
Tribal Council Review
In accordance with State Senate Bill 18, the City has referred the proposed General
Plan Amendment for a 90-day Tribal Council Review. On June 19, 2014, certified
letters were sent to the Tribes identified by the Native American Heritage Commission
for consultation, including the Northern Chumash Tribal Council and the Salinas Tribal
Council. No known historical, archeological or cultural sites have been found or
documented in the vicinity of the project.
Proposed Environmental Determination
Staff has prepared a Draft Negative Declaration and Initial Study for the proposed
project. A finding is proposed that this project does not have the potential to have a
significant effect on the environment. The draft document was posted and circulated to
the public and commenting agencies on September 18, 2014.
ITEM NUMBER: B-2
DATE: 12/09/14
Comments were submitted to the City by the San Luis Obispo Air Pollution Con trol
District on October 17, 2014 (See Attachment 3). Comments were regarding future
construction and operational phases. Since the current General Plan Amendment and
Zone Change does not include a proposal for construction or demolition activities, no
additional mitigation measures are proposed at this time. If construction, demolition, or
reuse activities are proposed in the future, those projects shall meet all standard
requirements of the City and the APCD for permitting and operations, and may requi re
additional CEQA review depending on the development project proposed.
Planning Commission recommends that the City Council certify Proposed Negative
Declaration 2014-0008.
CONCLUSION:
The proposed project is consistent with the General Plan and At ascadero Municipal
Code, as analyzed within this staff report. The General Plan Amendment and rezoning
will allow for uses and development that are consistent with surrounding land uses, and
will facilitate the sale of the former library sites. It is staff’s opinion that the proposed
project, as conditioned, allows the City Council to make all of the required findings for
project approval.
FISCAL IMPACT: None.
ALTERNATIVES:
1. The Council may make modifications to the project and/or conditions of approval
for the project.
2. The Council may determine that more information is needed on some aspect of
the project and may refer the item back to the applicant and staff to develop the
additional information. The Council should clearly state the type of information
that is required and move to continue the item to a future date.
3. The Council may deny the project. The parcels would retain their existing zoning
designation. The Council should specify the reasons for denial of the project and
make an associated finding with such action.
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENTS:
Attachment 1: Location Map, General Plan, and Zoning
Attachment 2: Proposed Negative Declaration 2014-0008 and Initial Study
Attachment 3: CEQA Comments & Response to Comments
Attachment 4: Draft Resolution A (Negative Declaration)
Attachment 5 Draft Resolution B (General Plan Amendment)
Attachment 6: Draft Ordinance A (Zoning Map Change)
Attachment 7: Draft Resolution C (Lot Merger)
ITEM NUMBER: B-2
DATE: 12/09/14
Attachment 1: Location Map, General Plan, and Zoning
Existing Designations:
-General Plan: General Commercial, Public Facilities, High-Density Residential
-Zoning District: Commercial Professional/PD-3, Public Facilities, Residential Multi-Family-
20
Proposed Designations:
-General Plan: General Commercial, High-Density Residential
-Zoning District: Commercial Retail/PD-3, Residential Multi-Family-20
APN 030-282-018 &
030-282-032
Existing Zoning:
Residential Multiple
Family (RMF-20) &
Public Facilities (P)
Proposed Zoning:
Residential Multiple
Family (RMF-20)
APN 030-282-033 &
030-282-027
Existing Zoning:
Public Facilities (P) &
Commercial
Professional (CP) with
PD3 overlay
Proposed Zoning:
Commercial Retail (CR)
with PD3 overlay
ITEM NUMBER: B-2
DATE: 12/09/14
Attachment 2: Draft Negative Declaration 2014-0008 and Initial Study
See following
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
PROPOSED
NEGATIVE DECLARATION #2014-0008
6500 Palma Avenue Atascadero, CA 93422 805/461-5035
Findings:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term goals to the disadvantage of long-term environmental goals and policies.
3. The project does not have impacts which are individually limited, but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
Determination:
Based on the above findings, and the information contained in the Initial Study 2014-0006 (made a part hereof by
reference and on file in the Community Development Department), it has been determined that the above project will
not have an adverse impact on the environment.
Prepared By: Callie Taylor, Senior Planner
Emilie Morse, Planning Intern
Date Posted: September 18, 2014
Public Review Ends: October 7, 2014
Attachments: - Location/ Zoning Map
- General Plan Designation Map
- Aerial Map
- Conceptual Site Plan (not currently proposed for construction)
- Site Photographs
- Scenic Highway Map
- Initial Study 2014-0008
Applicant/Owner: County of San Luis Obispo, General Services, 1087 Santa Rosa St., San Luis Obispo, CA 93408
Project Title: PLN 2014-1506 – Former Atascadero Library Site
General Plan Amendment 2014-0029 / Zone Change 2014-0174 / Lot Merger 2014-0013
Project Location: 6850 Morro Road, Atascadero, CA 93422 (APN 030-282-033 & 027)
6925 & 6907 Atascadero Ave., Atascadero, CA 93422 (APN 030-282-018 & 032)
Project
Description:
The project consists of a General Plan Amendment (GPA) and Zoning Map Amendment (ZCH) to
change the land use designations on parcels previously used as the Atascadero library. Due to the
recent relocation of the library to 6555 Capistrano Avenue, the County of San Luis Obispo has
submitted an application to redesignate the four (4) existing parcels of the previous library site from a
combination of Residential and Public general plan classifications to a combination of Residential and
Commercial in order to facilitate the sale of the property. Under the proposed Commercial Retail
(CR) zoning, the existing 8221 sq. ft. library building could be repurposed by future owners for
commercial purposes, consistent with surrounding commercial uses on Morro Road. A lot merger is
proposed in order to combine the two (2) underlying parcels of the library building into one
commercial lot. The proposed Residential Multi-Family-20 (RMF-20) zoning of the parcels at 6925
and 6907 Atascadero Avenue would facilitate future residential development consistent with adjacent
uses to the north and west. A concept site plan has been provided by the County of San Luis Obispo
to demonstrate possible future residential use and parking; however, no development is currently
proposed at this time.
Existing General Plan Designation: General Commercial, Public Facilities, High -Density Residential
Existing Zoning: Commercial Professional/PD-3, Public Facilities, Residential
Multi-Family-20
Proposed General Plan Designation: General Commercial, High-Density Residential
Proposed Zoning: Commercial Retail, Residential Multi-Family-20
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14
GPA library ISND Final.em
ENVIRONMENTAL CHECKLIST FORM Environmental Review 2014-0008
Lead Agency Name
and Address:
City of Atascadero
6500 Palma Avenue, Atascadero, CA 93422
Contact Person and
Phone Number:
Callie Taylor, Senior Planner
City of Atascadero, Phone: (805) 470-3448
General Plan
Designation:
General Commercial, Public Facilities, High-Density Residential
Zoning: Commercial Professional/PD-3, Public Facilities, Residential Multi-Family-20
Surrounding Land
Uses and Setting
East:
General Commercial
North: General Commercial & High Density Residential
South: General Commercial
West: High Density Residential
Other public
agencies whose
approval is required
None
Applicant/Owner: County of San Luis Obispo, General Services, 1087 Santa Rosa St., San Luis Obispo, CA 93408
Project Title: PLN 2014-1506 – Former Atascadero Library Site
General Plan Amendment 2014-0029 / Zone Change 2014-0174 / Lot Merger 2014-0013
Project Location: 6850 Morro Road, Atascadero, CA 93422 (APN 030-282-033 & 027)
6925 & 6907 Atascadero Ave., Atascadero, CA 93422 (APN 030 -282-018 & 032)
Project Description:
The project consists of a General Plan Amendment (GPA) and Zoning Map Amendment (ZCH)
to change the land use designations on parcels previously used as the Atascadero library. Due to
the recent relocation of the library to 6555 Capistrano Avenue, the County of San Luis Obispo
has submitted an application to redesignate the four (4) existing parcels of the previous library
site from a combination of Residential and Public general plan classifications to a combination of
Residential and Commercial in order to facilitate the sale of the property. Under the proposed
Commercial Retail (CR) zoning, the existing 8221 sq. ft. library building could be repurposed by
future owners for commercial purposes, consistent with surrounding commercial uses on Morro
Road. A lot merger is proposed in order to combine the two (2) underlying parcels of the library
building into one commercial lot. The proposed Residential Multi-Family-20 (RMF-20) zoning
of the parcels at 6925 and 6907 Atascadero Avenue would facilitate future residential
development consistent with adjacent uses to the north and west. A concept site plan has been
provided by the County of San Luis Obispo to demonstrate possible future residential use and
parking; however, no development is currently proposed at this time.
Existing General Plan Designation: General Commercial, Public Facilities, High-Density
Residential
Existing Zoning: Commercial Professional/PD-3, Public Facilities,
Residential Multi-Family-20
Proposed General Plan Designation: General Commercial, High -Density Residential
Proposed Zoning: Commercial Retail, Residential Multi-Family-20
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14
GPA library ISND Final.em
Attachment 1
Location / Zoning Map
APN 030-282-018
& 030-282-032
Existing Zoning: Residential
Multi- Family (RMF-20) &
Public Facilities (P)
Proposed Zoning:
Residential Multiple Family
(RMF-20)
APN 030-282-033
& 030-282-027
Existing Zoning:
Public Facilities (P) &
Commercial Professional (CP)
Proposed Zoning:
Commercial Retail (CR)
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14
GPA library ISND Final.em
Attachment 2
General Plan Designation Map
APN 030-282-033
& 030-282-027
Existing General Plan
Designation:
Public Facilities (P) & General
Commercial (GC)
Proposed General Plan
Designation:
General Commercial (GC)
APN 030-282-018
& 030-282-032
Existing General Plan
Designation: High Density
Residential (HDR) & Public
Facilities (P)
Proposed General Plan
Designation:
High Density Residential
(HDR)
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14
GPA library ISND Final.em
Attachment 3
Aerial View
Subject Sites:
6805 Morro Road
6925 Atascadero Ave
6907 Atascadero Ave
Lot merger of
APN 030-282-033
& 030-282-027
Existing library building is
constructed across the
property line. Proposal to
consolidate 2 existing lots
into one commercial
parcel.
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14
GPA library ISND Final.em
Attachment 4
Proposed Conceptual Site Plan
Reuse of existing
library building for
commercial space,
with associated
parking lot
Future residential units
with parking along
Atascadero Ave. Atascadero Ave. Morro Rd.
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14
GPA library ISND Final.em
Attachment 5
Site Photographs
Front of existing library building, view from parking lot
Vacant Residential Building On -Site at 6925 Atascadero Ave
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14
GPA library ISND Final.em
Morro Road frontage
Existing Parking Lot On-Site
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14
GPA library ISND Final.em
Attachment 6
Caltrans Scenic Highway Map
Project Site:
6850 Morro Rd and
6907 / 6925
Atascadero Ave
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14
GPA library ISND Final.em
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics
Agriculture and Forest
Resources
Air Quality
Biological Resources
Cultural Resources
Geology /Soils
Greenhouse Gas
Emissions
Hazards & Hazardous
Materials
Hydrology / Water
Quality
Land Use / Planning
Mineral Resources
Noise
Population / Housing
Public Services
Recreation
Transportation/Traffic
Utilities / Service Systems
Mandatory Findings of
Significance
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environmen t, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant effect” or “potentially significant
unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there
WILL NOT be a significant effect in this case because all potentially significant effects (a) have been
analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards
and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,
including revisions or mitigation measures that are imposed upon the proposed project.
Callie Taylor 9-18-2014
Callie Taylor, Senior Planner Date
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14
GPA library ISND Final.em
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is
adequately supported if the referenced information sources show that the impact simply does not apply to
projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be
explained where it is based on project-specific factors as well as general standards (e.g., the project will not
expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as
well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, and then the checklist
answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less
than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an ef fect may
be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an
EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect
to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be
cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has
been adequately analyzed in an earlier E IR or negative declaration. Section 15063(c)(3)(D). In this case, a brief
discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effe cts from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such
effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and the
extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document
should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should
normally address the questions from this checklist that are relevant to a project's environmental effects in
whatever format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than significance .
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14 Page 11
GPA library ISND Final.em
Initial Study 2014-0008
PLN 2014-1506 – Former Atascadero Library Site
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
1. AESTHETICS -- Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway?
c) Substantially degrade the existing visual character or
quality of the site and its surroundings?
d) Create a new source of substantial light or glare that
would adversely affect day or nighttime views in the area?
SOURCES: Project Description, Conceptual Site Plan, California Department of Transportation
DISCUSSION:
1.a. The proposed rezoning and lot merger will not obscure a designated scenic vista. A scenic vista is described as a
“viewpoint that provides expansive views of a highly valued landscape for the benefit o f the general public” (CEQA
Guidelines). The property is to be reclassified and rezoned consistent with surrounding High Density Residential and
General Commercial properties. No development is currently proposed for the project site with the subject app lication.
1.b. The proposed rezoning will not substantially damage scenic resources. The project site is near Highway 41 which
is an eligible state scenic highway but is not officially designated as one (Caltrans Scenic Highway Program). The site
does not contain any historic structures and will not disturb any rock outcroppings.
1.c. The proposed project is within the character of the surrounding area. The former library building will remain on the
property to be converted into usable office or commercial retail space. At a future date under separate application, the
existing vacant home on the Atascadero Avenue site may be replaced with multi-family housing. The property currently
is boarded by other multifamily residences and commercial b uildings. Reference Attachment 3 for the most current
aerial of project site.
1.d. New multi-family residences at this location are not expected to generate substantial light or glare. No additional
lighting is proposed for the commercial building on site. Any future lighting at this site to be designed to eliminate off
site glare, consistent with existing City ordinances.
Mitigation Measure: No applicable mitigation measures
2. AGRICULTURAL AND FOREST RESOURCES -- In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing
impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are
significant environmental effects, lead agencies may refer to information compiled by the California Department of
Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment
Project and the Forest Legacy Assessment project; and the forest carbon measurement methodology provided in the
Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of,
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14 Page 12
GPA library ISND Final.em
Initial Study 2014-0008
PLN 2014-1506 – Former Atascadero Library Site
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
forest land (as defined in Public Resources Code section
12220(g)), timberland (as defined in Public Resources Code
Section 4526), or timberland zoned Timberland Production
(as defined by Government Code section 51104(g))??
d) Result in the loss of forest land or conversion of forest
land to non-forest use?
e) Involve other changes in the existing environment which,
due to their location or nature, could result in conversion of
farmland to non-agricultural use or conversion of forest land
to non-forest use?
SOURCES: Site Plan, Department of Conservation, Atascadero General Plan
DISCUSSION
2.a. The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of
the California Resources Agency as prime farmland.
2.b. The property is not in an agricultural zone and is not under a Williamson Act contract.
2.c. The project does not involve rezoning of forest land or timberland.
2.d.e. The project will not result in a loss of forest land and wil l not result in a conversion of forest land to non -forest
use or farmland to non-agricultural uses.
Mitigation Measure: No applicable mitigation measures
3. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or
air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable
air quality plan?
b) Violate any air quality standard or contribute substantially
to an existing or projected air quality violation?
c) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non -
attainment under an applicable federal or state ambient air
quality standard (including releasing emissions that exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial number
of people?
SOURCES: Air Pollution Control District (APCD) CEQA Air Quality Handbook, 2012; Project Description, Conceptual
Site Plan
DISCUSSION:
3. a.c.) The proposed project consists of rezoning and general plan redesignation for consistency with surrounding
residential and commercial uses. No new development is proposed on the commercial l parcel. A concept plan has
been provided for the residential parcels, which identifies a possible four (4) new residential units located on a
previously graded, relatively flat infill development site totaling less than one acre in size. According to the Operational
Screening Criteria for Project Air Quality Analysis (SLOAPCD, 2012), residential housing development of this size will
not exceed the particular matter or APCD Daily Ozone Precursor Significance Threshold of 25 lbs ROG+NOx/Day from
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14 Page 13
GPA library ISND Final.em
Initial Study 2014-0008
PLN 2014-1506 – Former Atascadero Library Site
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
Operational Impacts. Therefore, air quality impacts resulting from four future new residential units are considered to be
less than significant and mitigation measures are not requi red.
3.b.) Construction activities, including demolition and site grading, have the potential to produce small quantitie s of air
pollution that include dust and equipment exhaust. Air quality impacts from construction would be temporary and short
term. No construction is proposed on the project site at this time. At the time of future development, any proposed
demolition or new residential units shall be conditioned to comply with all applicable APCD regulations in place at the
time of future project proposal, including any conditions pertaining to the control of fugitive dust (PM-10) as showed in
Section 2 “Assessing and Mitigating Construction Impacts” of the April 2012 CEQA Air Quality Handbook.
3.d.e) No construction is proposed on the subject site at this time. The rezoning and lot merger shall not expose
sensitive receptors to concentrate pollutants or create objectionable odors.
Mitigation Measure: No applicable mitigation measures
4. BIOLOGICAL RESOURCES -- Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or
regional plans, policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, or regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling, hydrological interruption,
or other means?
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife specie s or with
established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservati on Plan,
or other approved local, regional, or state habitat
conservation plan?
SOURCES: Atascadero Native Tree Regulations; General Plan 2025; Conceptual Site Plan, Site Visit, The U.S. Fish
and Wildlife Service National Wetland Inventory.
DISCUSSION:
4.a.b.c. No sensitive species have been found directly on the site. There is no riparian habitat and no wetland habitat
within the project site. According to the U.S. Fish and Wildlife Service National Wetlands Inventory the nearest
ITEM NUMBER: B-2
DATE: 12/09/14
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Initial Study 2014-0008
PLN 2014-1506 – Former Atascadero Library Site
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
wetland and riparian habitats to this site are approximately 0.2 miles away.
4.d. The site is located within the City’s urban core and is surrounded by Commercial Professional, Commercial
Retail, Residential Multi-Family-20 zones. The Land Use Element EIR concludes that development within the City
limits will not have a significant impact on wildlife or wildlife corridors.
4.e. There are currently no trees proposed for removal. Any future tree impacts or removals associated with future
development shall be mitigated according to the Atascadero Native Tree Ordinance.
4.f. The site is not located in an area that will conflict with an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan.
Mitigation Measure: No applicable mitigation measures
5. CULTURAL RESOURCES -- Would the project:
a) Cause a substantial adverse change in the significance of
a historical resource as defined in '15064.5?
b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to '15064.5?
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
outside of formal cemeteries?
_____________________________________________________________________________________________
SOURCES: Project description; Site Plan, CEQA Guidelines Sections 15060 to 15065, Atascadero City GIS Data, Site
Visit
DISCUSSION:
5.a. There are no known historic resources located on or adjacent to the site based on GIS data collected by the City
of Atascadero. No development is proposed at this time that would include earthwork or have an affect archaeological
resources.
5.b. There are no known archaeological resources located on or adjacent to the project site based on City GIS data
that identifies area of archaeological significance.
5.c. Paleontological resources or unique geologic features are not known to be located on the project site based on
City GIS data.
5.d. No known human remains have been found or documented in the vicinity of the project.
Mitigation Measure: No applicable mitigation measures
6. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a known
fault? Refer to Division of Mines and Geology Special
Publication 42.
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
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Initial Study 2014-0008
PLN 2014-1506 – Former Atascadero Library Site
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B
of the Uniform Building Code (1994), creating substantial
risks to life or property?
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
SOURCES: Project description; Site Plan, City of Atascadero GIS Data
DISCUSSION:
6.a. Atascadero lies about 30 miles west of the San Andreas Fault zone and 19 miles east of the San Simeon -Hosgri
Fault. Small to moderate earthquakes are common in San Luis Obispo County. The property contains no unusual
geological formations. The City of Atascadero GIS Data shows that the project is not located on any known earthquake
faults and has a low landslide risk.
6.b. Any future construction activities on the site will be required to comply with sedimentation and erosion control
measures prescribed by the Project Engineer and consistent with state regulations.
6.c.d.e. Soil conditions will be reviewed during building permit review for any future project development in accordance
with the municipal code. A soils report is required for submittal with a future building pe rmit by the development. The
building plans will be required to following the recommendations of the soil report to assure safety of the buildings.
Mitigation Measure: No applicable mitigation measures
7. GREENHOUSE GAS EMISSIONS -- Would the project:
a) Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment?
b) Conflict with any applicable plan, policy or regulation of
an agency adopted for the purpose of reducing the
emissions of greenhouse gases?
SOURCES: Project description, Site Plan, San Luis Obispo County Air Pollution Control District (APCD) CEQA Air
Quality Handbook, 2012; Atascadero 2014 Climate Action Plan, General Plan 2025, 2004
DISCUSSION:
7.a.b. The proposed project consists of rezoning and General Plan redesignation at this time. This rezoning will
enable future residential development. A concept plan has been submitted which identifies a possible four (4) 1,000
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
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Initial Study 2014-0008
PLN 2014-1506 – Former Atascadero Library Site
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
sq. ft. new residential multi-family units and the repurposing of an existing 8,000 sq . ft. building for commercial use.
The project is located on a relatively flat development site totaling about one acre in size. According to the Operational
Screening Criteria for Project Air Quality Analysis (SLOAPCD, 2012), a commercial and multi -residential development
of this size is not expected to exceed the APCD Annual GHG Bright Line Threshold (3) of 1150 MT CO2e/year from
Operational & Amortized Construction Impacts. The Bright -Line numeric threshold of 1,150 MT CO2e/year represents
an emissions level below which a project’s contribution to global clima te change would be deemed less than
“cumulatively considerable.” Therefore, greenhouse gas emissions resulting from future 4 new residential units and
existing commercial structure are considered to be less than significant and mitigation measures are not required.
The proposed project is consistent with City and regional plans, policies, and regulations, regarding reduction of
emissions of greenhouse gases. The proposed project is consistent with the goals and GHG reduction measures
identified in the Atascadero 2014 Climate Action Plan.
Mitigation Measure: No applicable mitigation measures
8. HAZARDS AND HAZARDOUS MATERIALS -- Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or di sposal
of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to Government
Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
e) For a project located within an airport land use plan area
or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people living or working
in the project area?
f) For a project within the vicinity of a private airstrip, would
the project result in a safety hazard for people living or
working in the project area?
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
SOURCES: Project description; General Plan Land Use Element, Department of Toxic Substances Control:
EnviroStor. GIS
DISCUSSION
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
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INITIAL STUDY
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Initial Study 2014-0008
PLN 2014-1506 – Former Atascadero Library Site
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
8a.b.c. The future residential development and existing commercial building do not generate or involve use of
significant amounts of hazardous materials. There are no known hazardous materials on the site or nearby according
to Department of Toxic Substances Control: EnviroStor.
8.d. The property is not a listed hazardous material site based on the EnviroStor map.
8.e.f. There are no airports within Atascadero, nor are there airport land use p lans that affect the City.
8.g.h. Although GIS determines the site has a medium fire severity level, the site is within the Fire Department’s five
minute or less response area. During building permit review, the fire department will verify appropriate fi re hydrant
locations and will determine if new buildings or building additions or reuse of existing building for new uses will require
fire sprinklers.
Mitigation Measure: No applicable mitigation measures
9. HYDROLOGY AND WATER QUALITY -- Would the project:
a) Violate any water quality standards or waste discharge
requirements?
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
previously-existing nearby wells would drop to a level that
would not support existing land uses or planned uses for
which permits have been granted)?
c) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount
of surface runoff in a manner that would result in flooding
on- or off-site?
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems
or provide substantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
h) Place within a 100-year flood hazard area structures that
would impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14 Page 18
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Initial Study 2014-0008
PLN 2014-1506 – Former Atascadero Library Site
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
____________________________________________________________________________________________
SOURCES: Project description, GIS, FEMA Flood Map, Site Plan, Resolution No. R3-2013-0032 Central Coast Water
Control Board, California Department of Conservation
DISCUSSION:
9a. Future construction on the multifamily parcels shall be in conf ormance with all water quality standards.
9b. The proposed rezoning and future development will not deplete ground water supplies. Water will be provided by
Atascadero Mutual Water Company.
9c.d.f. Future construction activities are subject to review for compliance with City drainage and grading regulations.
Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity.
9e. The Central Coast Water Quality Control Board requires reducing pollutant discharges to the Maximum Extent
Practicable and preventing storm water discharges from causing or contributing to a violation of receiving water quality
standards in all applicable development projects that require approvals and/or permits issued under the Permittee’s
planning, building, or other comparable authority.
9.g.h.i. The proposed development will be outside of the 100 -year flood hazard area.
9.j. The project area is not subject to inundation by a tsunami, according to the California Department of
Conservation.
Mitigation Measure: No applicable mitigation measures
10. LAND USE AND PLANNING - Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect?
c) Conflict with any applicable habitat conservation plan or
natural community conservation plan?
SOURCES: Land Use Element; project description; Lot Line Adjustment Map, Atascadero Municipal Code
DISCUSSION:
10.a. The project will not physically divide an established community. The subject site is existing commer cial and
future infill residential.
10.b. The proposed General Plan Amendment and zoning map change are being proposed in order to enable future
use of the site in a manner consistent with surrounding uses. Due to the library’s former location on the s ubject site,
the parcels were spot zoned for Public Facilities. Now that the County library is no longer operating on the subject
sites, the redesignation will facilitate the sale and reuse of the existing building, and provide for future infill
development of residential on Atascadero Avenue. The proposed zoning and future uses will be consistent with
adjacent residential and commercial uses.
10.c. The project is consistent with the open space and conservation policies identified in the General Plan.
Mitigation Measure: No applicable mitigation measures
11. MINERAL RESOURCES -- Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14 Page 19
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Initial Study 2014-0008
PLN 2014-1506 – Former Atascadero Library Site
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
residents of the state?
b) Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan?
SOURCES: Project description; Planning staff site visit.
DISCUSSION:
11.a.b. No mining is proposed as a part of this project. No known mineral resources have been identified in the area.
Mitigation Measure: No applicable mitigation measures
12. NOISE -- Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive
ground-borne vibration or ground-borne noise levels?
c) A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project?
d) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
e) For a project located within an airport land use plan o r,
where such a plan has not been adopted, within two miles of
a public airport or public use airport, would the project
expose people residing or working in the project area to
excessive noise levels?
f) For a project within the vicinity of a private airstrip, would
the project expose people living or working in the project
area to excessive noise levels?
SOURCES: Project description; Noise Element; Noise Ordinance; Acoustical Design Manual.
DISCUSSION:
12a.b.c.d. Future development of the residential multi-family lot is expected to involve some construction equipment
and use of impact tools that make noise. Noise levels on the site are thus expected to be raised temporarily. The future
residential units and the commercial use of the existing building on site is not expected to generate unacceptable
levels of noise. Any electrical or mechanical equipment used for construction of the proposed project is required to
comply with the Atascadero Noise Ordinance, Chapter 14 in the Atascadero Municipal Code. Any permanent change in
ambient noise levels that might be created by equipment or equipment shelter mec hanical features will be required to
be designed to be consistent with the Noise Ordinance.
12.e.f. The project is not located within an airport land use plan or private airstrip.
Mitigation Measure: No applicable mitigation measures
13. POPULATION AND HOUSING -- Would the project:
a) Induce substantial population growth in an area, either
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14 Page 20
GPA library ISND Final.em
Initial Study 2014-0008
PLN 2014-1506 – Former Atascadero Library Site
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
_____________________________________________________________________________________________
SOURCES: Project description; General Plan Land Use Element , FEIR.
DISCUSSION:
13.a. This project proposes to redesignate the four existing parcels used by the previous library from a combination of
Residential and Public general plan classifications to a combination of Residential and Commercial general plan
classifications. These classifications are consistent with surrounding uses. This project is less than an acre in size . A
concept plan has been provided which identifies a possible four multi-family residential units that could be constructed
in the future under the new zoning. These units will not induce direct or indirect substantial population growth in the
City of Atascadero.
13.b.c. No housing or persons will be displaced. All buildings on site are currently vacant.
Mitigation Measure: No applicable mitigation measures
14. PUBLIC SERVICES -- Would the project result in substantial adverse physical impacts associated with
the provision of new or physically altered governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other performance objectives for any of the public
services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
SOURCES: Project description; Land Use Element EIR.
DISCUSSION:
Development Impact Fees: Development Impact Fees will be required of any new project for which a building permit is
issued. The concept of the impact fee program is to fund an d sustain improvements which are needed as a result of
new development as stated in the General Plan and other policy documents within the fee program. Development
Impact Fees fall into the following categories: Drainage Fees; Streets, Road, Bridge Fees; Sewer Fees; Public Safety
Fees; and Park Fees, Miscellaneous Fees. In addition, school fees are collected by the Atascadero Unified School
District. The amount of impact fees to be paid will be determined at the time of issuance of building permit.
Fire and Police: Impact fees are charged for new development, to help pay the cost of providing new facilities to serve
the expanding city. The Fire Department of the City of Atascadero has indicated that it will be able to adequately
service the proposed project. The future applicant shall comply with all requirements of the Fire Department. The City
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14 Page 21
GPA library ISND Final.em
Initial Study 2014-0008
PLN 2014-1506 – Former Atascadero Library Site
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
of Atascadero Police Department has also indicated that the proposed project poses no problems to the police to
adequately service it.
Schools: At build out of the General Plan, the city’s population will overburden the existing school system unless
additional classroom space is added. The Atascadero Unified School District charges impact fees to fund additional
schools as needed. State law restricts mitigation of school impacts to the levying of these fees and other measures
adopted by the school district. Provision of adequate facilities for the population is the responsibility of the school
district. Development impact will be assessed by the school district, and collected at the time of building permit
issuance for each residential unit.
Parks: Project Description (rezoning and future new residences) will / will not increase demand on existing City parks
and recreation facilities. The City’s Parks & Recreation Commission is committed to finding ways to continue to
provide parks and other recreational opportunities to city residents as the city expands, thereby addressing cumulative
impacts.
Other public facilities: The future construction of four new residential units and the reuse of the existing vacant library
building are not expected to have significant impacts on any other public facilities.
Mitigation Measure: No applicable mitigation measures
15. RECREATION --
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational facilities or require
the construction or expansion of recreational facilities that
might have an adverse physical effect on the environment?
SOURCES: Project description; Parks and Recreation Element.
DISCUSSION:
15.a. Residents are expected to use existing parks and recreational facilities, but the numbers are not expected to
result in substantial physical deterioration of an y facilities. Development impact fees will be collected to bring this
impact to less than significant levels.
15.b. The project does not involve construction of recreational facilities.
Mitigation Measure: No applicable mitigation measures
16. TRANSPORTATION/TRAFFIC -- Would the project:
a) Conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the performance
of the circulation system, taking into account all modes of
transportation including mass transit and non-motorized
travel and relevant components of the circulation system,
including but not limited to intersections, streets, highways
and freeways, pedestrian and bicycle paths, and mass
transit?
b) Conflict with an applicable congestion management
program, including, but not limited to level of service
standards and travel demand measures, or other standards
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14 Page 22
GPA library ISND Final.em
Initial Study 2014-0008
PLN 2014-1506 – Former Atascadero Library Site
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
established by the county congestion management agency
for designated roads or highways?
c) Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
results in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Conflict with adopted policies, plans, or programs
regarding public transit, bicycle, or pedestrian facilities, or
otherwise decrease the performance or safety of such
facilities?
SOURCES: Land Use Element; Circulation Element; Project Description; ITE Trip Generation Rates (8th edition),
Atascadero Fire Department, City of Atascadero Engineering Standards
DISCUSSION:
16a.b. The Circulation Element in the Atascadero General Plan identifies policies and programs to address cumulative
trips in Atascadero. The project is consistent with polices and mitigations discussed in the Circulation Element.
16.c. No changes will occur to air traffic patterns.
16.d. The proposed project will not substantially increase hazards due to a design feature.
16.e. The proposed project will have adequate emergency through appropriate mitigations. The site is within the Fire
Department’s five minute or less response area.
16.f. The proposed project will not affect the circulation in the area. The rezoning is consistent with surrounding uses
and will have no significant impact of the performance of circulation in the area.
Mitigation Measure: No applicable mitigation measures
17. UTILITIES AND SERVICE SYSTEMS --Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are new
or expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider that serves or may serve the project that it has
adequate capacity to serve the project’s projected demand
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14 Page 23
GPA library ISND Final.em
Initial Study 2014-0008
PLN 2014-1506 – Former Atascadero Library Site
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
in addition to the provider’s existing commitments?
f) Be served by a landfill with sufficient permitted c apacity to
accommodate the project’s solid waste disposal needs?
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
SOURCES: Project description; Land Use Element; Hydrology and Water Quality Element
DISCUSSION:
Water: The Atascadero Mutual Water Company (AMWC) will provide water. All property within the City l imits is
entitled to water from the AMWC. The project is not expected to require a significant quantity of water for the proposed
use.
Water is pumped from the Atascadero sub-basin portion of the Paso Robles Formation, using a series of shallow and
deep wells. The water company anticipates that it will be able to meet the city’s needs through build out and beyond:
Water demand at build out is estimated to be at 16,000-20,000 acre-feet per year (AFY). The City is projected to have
enough water to meet the demand with the approval of the Nacimiento Water Project which has allocated the City an
additional 3,000 AFY with a flow rate of 3.48 million gallons per day (mgd).
Sewer: Sewer discharge will be handled by an on City sewer connection. The Hydrology and Water Quality Element
confirms that the average daily flow of the projected housing need (RHNA) is well within the capacity of the upgraded
wastewater treatment system as part of the General Plan Housing Element.
Storm Water. On-site storm water drainage for future development will be managed according to City regulations.
18. MANDATORY FINDINGS OF SIGNIFICANCE --
a) Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history
or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with the
effects of past projects, the effects of other current projects,
and the effects of probable future projects)?
c) Does the project have environmental effects that will
cause substantial adverse effects on human beings, either
directly or indirectly?
d) Does the project have the potential to achieve short-term
environmental goals to the disadvantage of long term
environmental goals?
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
CITY OF ATASCADERO
INITIAL STUDY
09/19/14 Page 24
GPA library ISND Final.em
DISCUSSION: This project site is currently vacant due to the recent relocation of the Atascadero library to 6555
Capistrano Avenue. The four (4) parcels on site are to be redesignated and rezoned to Commercial Retail and Multi-
Family Residential in order to facilitate in the sale of this propert y. The future development may include four (4)
multifamily units and reconfigure the existing parking lot. All of these changes are consistent with surrounding uses
and the Atascadero General Plan and Zoning Ordinance provisions. The proposed project has been analyzed as
required by CEQA and the Atascadero Municipal Code. Project -related impacts have been identified as less than
significant, and a Negative Declaration has been prepared .
SOURCES:
California Department of Transportation
The U.S. Fish and Wildlife Service National Wetlands Inventory
General Plan 2025, City of Atascadero, 2004
California Department of Conservation
Zoning Ordinance, part of Municipal Code, City of Atascadero, as amended
CEQA Air Quality Handbook, Air Pollution Control District San Luis Obispo County, April 2012
Acoustical Design Manual, Brown-Buntin Associates, 1991
Flood Insurance Map FEMA Flood Map 08-09-1704V-060700,
Site Plan Resolution No. R3-2013-0032 Central Coast Water Control Board
CEQA Guidelines, Sections 15060 to 15065
City of Atascadero, GIS Data
Atascadero Tree Ordinance
Atascadero Fire Department
City of Atascadero Engineering Standards
California Department of Toxic Substances Control: Envirostor
PROJECT SOURCES:
Project Description
Conceptual Site Plan
Site Visit
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT: 2
ITEM NUMBER: B-2
DATE: 12/09/14
Attachment 3: CEQA Comments & Response to Comments
ITEM NUMBER: B-2
DATE: 12/09/14
ITEM NUMBER: B-2
DATE: 12/09/14
ITEM NUMBER: B-2
DATE: 12/09/14
CITY OF ATASCADERO
INITIAL STUDY
RESPONSE TO COMMENTS
FOR NEGATIVE DECLARATION #2014-0008
Former Atascadero Library General Plan Amendment
(PLN-2014-1506)
Andy Mutziger, Air Quality Specialist
San Luis Obispo Air Pollution Control District
Email Comments dated October 17, 2014
Comment #1:
Construction Phase Air Quality Impact Mitigation: Naturally Occurring Asbestos
Naturally occurring asbestos (NOA) has been identified by the state Air Resources Board as a
toxic air contaminant. Serpentine and ultramafic rocks are very common throughout California
and may contain naturally occurring asbestos. The SLO County APCD has identified areas
throughout the County where NOA may be present (see the APCD’s 2012 CEQA Handbook,
Technical Appendix 4.4). If the project site is located in a candidate area for Naturally
Occurring Asbestos (NOA), the following requirements apply. Under the ARB Air Toxics
Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations
(93105), prior to any construction activities at the site, the project proponent shall ensure that a
geologic evaluation is conducted to determine if the area disturbed is exempt from the regulation.
An exemption request must be filed with the APCD. If the site is not exempt from the
requirements of the regulation, the applicant must comply with all requirements outlined in the
Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an
Asbestos Health and Safety Program for approval by the APCD. More information on NOA can
be found at http://www.slocleanair.org/business/asbestos.php.
Response:
There is currently no construction being proposed by the applicant as part of the current General
Plan Amendment and Zone Change applications. If construction or grading activities are
proposed by others at a future date, the applicant(s) shall be required to follow standard
guidelines regarding naturally occurring asbestos, including checking with the APCD to find out
if the site is located in a candidate area, and if so, then all additional requirements shall be met.
No additional mitigation measures proposed at this time.
Comment #2:
Demolition Activities: Demolition of Asbestos Containing Materials
Demolition activities can have potential negative air quality impacts, including issues
surrounding proper handling, demolition, and disposal of asbestos containing material (ACM).
Asbestos containing materials could be encountered during the demolition or remodeling of
ITEM NUMBER: B-2
DATE: 12/09/14
existing buildings or the disturbance, demolition, or relocation of above or below ground utility
pipes/pipelines (e.g., transite pipes or insulation on pipes). If this project will include any of
these activities, then it may be subject to various regulatory jurisdictions, including the
requirements stipulated in the National Emission Standard for Hazardous Air Pollutants
(40CFR61, Subpart M - asbestos NESHAP). These requirements include, but are not limited to:
1) written notification, within at least 10 business days of activities commencing, to the APCD,
2) asbestos survey conducted by a Certified Asbestos Consultant, and, 3) applicable removal and
disposal requirements of identified ACM. Please contact the APCD Enforcement Division at
(805) 781-5912 for further information.
Response:
There is currently no demolition being proposed by the applicant as part of the General Plan
Amendment and Zone Change applications. It is expected that future owners may consider
demolishing the existing residential structure and replacing it with new high density units on the
residentially zoned lots. The City will require sign off from the APCD prior to issuance of a
demolition permit as required by the APCD.
No additional mitigation measures proposed at this time.
Comment #3:
Dust Control Measures
The project, as described in the referral, will not likely exceed the APCD’s CE QA significance
threshold for construction phase emissions. However, construction activities can generate
fugitive dust, which could be a nuisance to local residents and businesses in close proximity to
the proposed construction site. APCD staff recommends measures be incorporated into the
project to control dust.
Response:
There is currently no construction being proposed by the applicant as part of the General Plan
Amendment and Zone Change applications. If construction is proposed by future owners, all
standard requirements for dust control shall be met.
No additional mitigation measures proposed at this time.
Comment #4:
Operational Phase Air Quality Impact Mitigation
The site is proposed to be developed with residential multi-family under city's the RMF-20 units
per acre zoning. The site is too small for enough residential units to be built to exceed the APCD
CEQA significance thresholds found in Table 3-2 in the CEQA Air Quality Handbook.
Therefore, with the exception of the requirements below, the APCD is not requiring other
operational phase mitigation measures for this project.
Response:
Comment noted.
ITEM NUMBER: B-2
DATE: 12/09/14
Comment #5:
Operational Permit Requirements
Operational sources may require APCD permits. The following list is provided as a guide to
equipment and operations that may have permitting requirements, but should not be viewed as
exclusive. For a more detailed listing, refer to the Technical Appendix, page 4-4, in the APCD's
2012 CEQA Handbook.
§ Electrical generation plants or the use of standby generator;
§ Boilers;
§ Internal combustion engines; and
§ Cogeneration facilities.
Response:
There is currently no construction being proposed by the applicant as part of the General Plan
Amendment and Zone Change applications. If construction is proposed at a future date, all
APCD permitting requirements shall be met.
No additional mitigation measures proposed at this time.
Comment #6:
On the operational side, please send APCD referrals for the building repurposing and residential
components so that the combined air quality impacts of what is ultimately proposed can be
considered.
Response:
There is currently no construction being proposed by the applicant as part of the General Plan
Amendment and Zone Change applications. At the time when new owners come forward in the
future for reuse of the existing library building on the commercial lots, or for any demolition or
new construction permits on the residentially zoned lots, the development projects will be
referred to the APCD as necessary.
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT 4: Draft Resolution A
Approval of Draft Negative Declaration 2014-0008
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING
PROPOSED NEGATIVE DECLARATION 2014-0008 PREPARED FOR
GENERAL PLAN AMENDMENT 2014-0029, ZONE CHANGE 2014-0174,
AND LOT MERGER 2014-0013,
ON APN 030-282-033, 027, AND 032
(6850 Morro Rd. & 6925 Atascadero Ave./ County of San Luis Obispo)
WHEREAS, an application has been received from the County of San Luis Obispo
(General Services, 1087 Santa Rosa St. San Luis Obispo, CA 93408), Applicant and Property
Owner, to consider a General Plan Amendment, Zoning Map Change, and Lot Merger changing
the land use and zoning designations of the sites of the former County Library facility at APN
030-282-033, 027, and 032 from a combination of public and commercial to a combination of
commercial and multi-family; and,
WHEREAS, an Initial Study and Proposed Negative Declaration 2014-0008 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission of the City of Atascadero held a public hearing
on October 7, 2014 following the close of the review period to consider the Initial Study and
Proposed Negative Declaration; and,
WHEREAS, the Planning Commission has determined that the project will have no
significant impacts; and,
WHEREAS, the City Council of the City of Atascadero held a public hearing on
December 9, 2014 following the close of the review period to consider the Initial Study and
Proposed Negative Declaration; and,
WHEREAS, the City Council has determined that the project will have no significant
impacts; and,
ITEM NUMBER: B-2
DATE: 12/09/14
NOW, THEREFORE, the City Council of the City of Atascadero hereby resolves to
certify Proposed Negative Declaration 2014-0008 based on the following Findings as shown in
Exhibit A:
1. The Proposed Negative Declaration has been completed in compliance with
CEQA guidelines section 15070 through 15075; and,
2. Proposed Negative Declaration 2014-0008 was circulated for a 20-day public
review from September 18, 2014 to October 7, 2014, consistent with CEQA
Guidelines section 15105 (b); and
3. CEQA section 21091(f) and 15704 require a lead agency to consider a Negative
Declaration together with any comments received before approving the projects,
no written comments received by the lead agency; and
4. The City of Atascadero Community Development Department is the custodian of
Negative Declaration 2014-0008 along with other material that constitutes the
record of proceedings upon which this determination is made, which this record is
available to the public for viewing at 6500 Palma Avenue, Atascadero, CA 93422;
and
5. Based on the Planning Commission recommendation there is no substantial
evidence that the project may have a significant effect on the environment; and
6. Based on the entire record, including any comments received, and the Plannin g
Commission public hearing, the City Council determines that there is no
substantial evidence that the project may have a significant effect on the
environment; and
7. The Negative Declaration prepared for the project reflects the City Council’s
independent judgment and analysis.
ITEM NUMBER: B-2
DATE: 12/09/14
On motion by Council Member ______________________, and seconded by Council Member
___________________, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Tom O’Malley, Mayor
Attest:
______________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
______________________________
Brian Pierik, City Attorney
ITEM NUMBER: B-2
DATE: 12/09/14
Exhibit A: Proposed Negative Declaration 2014-0008
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT 5: Draft Resolution B: Approval of General Plan Amendment
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO APPROVING GENERAL PLAN AMENDMENT 2014-0029,
AMENDING THE GENERAL PLAN LAND USE DIAGRAM
DESIGNATIONS OF APN 030-282-033, 027, AND 032 FROM GENERAL
COMMERCIAL (GC) AND PUBLIC FACILITIES (P) TO GENERAL
COMMERCIAL (GC) AND HIGH-DENSITY RESIDENTIAL (HDR)
6850 Morro Road and 6925 Atascadero Avenue
(County of San Luis Obispo)
WHEREAS, an application has been received from the County of San Luis Obispo
(General Services, 1087 Santa Rosa St. San Luis Obispo, CA 93408), Applicant and Property
Owner, to consider a General Plan Amendment changing th e land use designations of the sites of
the former County Library facility at APN 030-282-033, 027, and 032 from a combination of
General Commercial (GC) and Public Facilities (P) to a combination of General Commercial
(GC) and High Density Residential (HDR); and,
WHEREAS, the site’s current General Plan Land Use Designation is General Commercial
(GC) and Public Facilities (P); and,
WHEREAS, the proposed amendment is in the public interest; and,
WHEREAS, the proposed amendment is in conformance with the adopted General Plan
Goals, Policies, and Programs and the overall intent of the General Plan; and
WHEREAS, proposed amendment is compatible with existing development,
neighborhoods and the environment; and,
WHEREAS, proposed amendment will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts; and
WHEREAS, an Initial Study and Draft Negative Declaration 2014-0008 were prepared
for the project and made available for public review in accordance with the requirements of the
California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the General Plan Land Use Element to protect the health, safety
and welfare of its citizens by applying orderly development and expanding housing and
commercial opportunities within the City; and,
ITEM NUMBER: B-2
DATE: 12/09/14
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject General Plan
Amendment application was held by the Planning Commission of the City of Atascadero at
which hearing evidence, oral and documentary, was admitted on behalf of said General Plan
Amendment; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on October 7, 2014, studied and considered General Plan Amendment 2014-
0029, after first studying and considering the Proposed Negative Declaration prepared for the
project, and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject General Plan
Amendment application was held by the City Council of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said General Plan Amendment; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on December 9, 2014, studied and considered General Plan Amendment 2014-0029, after
first studying and considering the Proposed Negative Declaration prepared for the project, and,
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Environmental Review The City Council finds as follows:
1. The City Council considered the Negative Declaration (Negative Declaration 2014-0008)
for the proposed General Plan Amendment and in doing so found that the amendment(s)
will not have a significant adverse environmental impact. As such, there are no additional
feasible alternatives or feasible mitigation measures available that would substantially
lessen any significant adverse environmental effects which approval of the amendments
will not result in any significant environmental effects which feasible mitigation
measures have not been employed consistent with the California Environmental Quality
Act (CEQA) section 21080.5(d)(2)(A).
SECTION 2. General Plan Amendment. Pursuant to the Atascadero Municipal Code
section 9-1.115(c), the City Council finds that:
PLN 2014-0174 / GPA 2014-0029 constitutes an amendment to the General Plan Land
Use Diagram, Figure II-2 as shown in Exhibit A. Pursuant to Atascadero Municipal Code
section 9-1.115(b), the City Council approves amending the General Plan.
ITEM NUMBER: B-2
DATE: 12/09/14
SECTION 3. Findings for Approval of an Amendment to the Land Use Diagram,
Figure II-2 of the Atascadero General Plan. Pursuant to the Atascadero Municipal Code
section 9-1.115(c), the City Council approves the General Plan Amendment and finds as follows:
1. The proposed amendment is in the public interest.
2. The proposed amendment is in conformance with the adopted General Plan Goals,
Policies, and Programs and the overall intent of the General Plan.
3. The proposed amendment is compatible with existing development, neighborhoods and
the environment.
4. The proposed amendment will not create any new significant and unavoidable impacts to
traffic, infrastructure, or public service impacts.
5. The proposed amendment is consistent with certified General Plan Final Environmental
Impact Report and mitigation monitoring program.
6. The proposed amendment is in the best interest of the City to enact this amendment to the
General Plan Land Use Element to protect the health, safety and welfare of its citizens
and is compatible with existing and proposed development.
SECTION 4. General Plan Amendment Approval. The Atascadero City Council, in a
regular session assembled on December 9, 2014, hereby approves General Plan Amendment
2014-0029 consistent with the following:
1. Exhibit A: General Plan Land Use Diagram Amendment
ITEM NUMBER: B-2
DATE: 12/09/14
On motion by Council Member ______________________, and seconded by Council Member
___________________, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Tom O’Malley, Mayor
Attest:
______________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
______________________________
Brian Pierik, City Attorney
ITEM NUMBER: B-2
DATE: 12/09/14
Exhibit A: General Plan Land Use Diagram Amendment
6850 Morro Rd.
APN 030-282-033
& 030-282-027
Existing General Plan
Designation:
Public Facilities (P) & General
Commercial (GC)
Proposed General Plan
Designation:
General Commercial (GC)
APN 030-282-032
6925 Atascadero Ave.
Existing General Plan
Designation: Public Facilities
(P)
Proposed General Plan
Designation:
High Density Residential
(HDR)
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT 6: Draft Ordinance A; Approval of Zoning Map Change
DRAFT ORDINANCE A
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE
CHANGE 2014-0174, AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 030-282-033, 027, AND 032 FROM PUBLIC (P) AND
COMMERCIAL PROFESSIONAL (CP) TO COMMERCIAL RETAIL (CR)
AND RESIDENTIAL MULTI-FAMILY -20 (RMF-20)
(6850 Morro Rd. & 6925 Atascadero Ave./ County of San Luis Obispo)
WHEREAS, an application has been received from the County of San Luis Obispo
(General Services, 1087 Santa Rosa St. San Luis Obispo, CA 93408), Applicant and Property
Owner, to consider a Zoning Map Amendment to rezone APN 030-282-033, 027, and 032 from a
combination of Public (P) and Commercial Professional (CP) to a combination of Commercial
Retail (CR) and Residential Multi-family-20 (RMF-20) to coincide with the General Plan
designations; and,
WHEREAS, the Planning Commission has recommended that the site’s current General
Plan Land Use Designation be changed from a combination of General Commercial (GC) and
Public Facilities (P) to a combination of General Commercial (GC) and High Density Residential
(HDR); and,
WHEREAS, the current zoning designation of the subject sites is combination of Public (P)
and Commercial Professional (CP); and,
WHEREAS, an Initial Study and Draft Negative Declaration 2014-0008 were prepared
for the project and made available for public review in accordance with the requirements of the
California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact an amendment to the Official Zoning Map to protect the health, safety and welfare of
its citizens by applying orderly development of the City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
ITEM NUMBER: B-2
DATE: 12/09/14
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Map
Amendment application was held by the Planning Commission of the City of Atascadero at
which hearing evidence, oral and documentary, was admitted on behalf of said Zoning Map
Amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public
Hearing held on October 7, 2014, studied and considered Zone Change 2014-0174, after first
studying and considering the Proposed Negative Declaration prepared for the project, and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on December 9, 2014, studied and considered Zone Change 2014-0174, after first studying
and considering the Proposed Negative Declaration prepared for the project, and,
NOW THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Environmental Review The City Council finds as follows:
1. The City Council considered the Negative Declaration (Negative Declaration 2014-0008)
for the proposed General Plan Amendment and Zoning Map Amendment and in doing so
found that the amendment(s) will not have a significant adverse environmental impact.
As such, there are no additional feasible alternatives or feasible mitigation measures
available that would substantially lessen any significant adverse environmental effects
which approval of the amendments will not result in any significant environmental effects
which feasible mitigation measures have not been employed consistent with the
California Environmental Quality Act (CEQA) section 21080.5(d)(2)(A).
SECTION 2. Official Zoning Map Amendment. Pursuant to the Atascadero Municipal
Code section 9-1.116, the City Council finds that:
PLN 2014-1506 / ZCH 2014-0174 constitutes an amendment to the City of Atascadero
Official Zoning Map contained in section 9-1.102 of the Atascadero Municipal Code,
shown in Exhibit A. Pursuant to Atascadero Municipal Code section 9-1.116(c), the City
Council approves the section 9-1.102 of the Atascadero Municipal Code, Official Zoning
Map of the City of Atascadero be amended.
SECTION 3. Findings for Approval of an Amendment to the Official Zoning Map
of Atascadero. The City Council finds as follows:
1. The proposed project or use is consistent with the General Plan; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
ITEM NUMBER: B-2
DATE: 12/09/14
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
SECTION 4. Zone Change Approval. The City Council of the City of Atascadero, in a
regular session assembled on December 9, 2014 resolved to introduce for first reading by title
only, an Ordinance that would rezone the subject site consistent with the following:
Exhibit A: Zoning Map Amendment Diagram
ITEM NUMBER: B-2
DATE: 12/09/14
On motion by Council Member ______________________, and seconded by Council Member
___________________, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Tom O’Malley, Mayor
Attest:
______________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
______________________________
Brian Pierik, City Attorney
ITEM NUMBER: B-2
DATE: 12/09/14
Exhibit A: Zoning Map Amendment Diagram ZCH 2014-0173
APN 030-282-032
6925 Atascadero Ave.
Existing Zoning District:
Public (P)
Proposed Zoning District:
Residential Multiple Family
(RMF-20)
6850 Morro Rd.
APN 030-282-033
& 030-282-027
Existing Zoning District:
Public Facilities (P) and
Commercial Professional (CP)
with PD3 overlay
Proposed Zoning District:
Commercial Retail (CR) with
PD3 overlay
ITEM NUMBER: B-2
DATE: 12/09/14
ATTACHMENT 7: Draft Resolution C: Lot Merger
DRAFT RESOLUTION C
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING LOT
MERGER 2014-0013 BETWEEN APN 030-282-033 & APN 030-282-027
(6850 Morro Rd. / County of San Luis Obispo)
WHEREAS, an application has been received from the County of San Luis Obispo
(General Services, 1087 Santa Rosa St, San Luis Obispo, CA 93408), Applicant and Property
Owner, to consider a project consisting of a Lot Merger between APN 030-282-033 and APN
030-282-027 in order to the two combine parcels at 6850 Morro Rd. and eliminate the lot line
under the building so that the existing building is located on only one lot; and,
WHEREAS, the Planning Commission has recommended that the site’s General Plan Land
Use Designation be changed from a combination of Public Facilities (P) and General Commercial
(GC) to only General Commercial (GC); and,
WHEREAS, the Planning Commission has recommended that the site’s Zoning District be
changed from a combination of Public (P) and Commercial Professional (CP) to Commercial Retail
(CR); and,
WHEREAS, an Initial Study and Draft Negative Declaration 2014-0008 were prepared
for the project and made available for public review in accordance with the requirements of the
California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject General Plan
Amendment, Zone Change and Lot Merger application was held by the Planning Commission of the
City of Atascadero at which hearing evidence, oral and documentary, was admitt ed on behalf of said
applications; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on October 7, 2014, studied and considered Lot Merger 2014-0013, after
first studying and considering the Proposed Negative Declaration prepared for the project, and
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on December 9, 2014, studied and considered Lot Merger 2014-0013, after first studying
and considering the Proposed Negative Declaration prepared for the project, and
ITEM NUMBER: B-2
DATE: 12/09/14
NOW, THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings for Approval of Lot Merger. The City Council of the City of
Atascadero finds as follows:
1. The application as conditioned conforms to all applicable subdivision, building and
zoning regulations of the City of Atascadero and is consistent with the City's General
Plan.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on December 9, 2014, resolved to approve Lot Merger 2014-0013 subject to
the following:
1. EXHIBIT A: Conditions of Approval
2. EXHIBIT B: Conceptual site plan showing elimination of lot line
ITEM NUMBER: B-2
DATE: 12/09/14
On motion by Council Member ______________________, and seconded by Council Member
___________________, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Tom O’Malley, Mayor
Attest:
______________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
______________________________
Brian Pierik, City Attorney
ITEM NUMBER: B-2
DATE: 12/09/14
EXHIBIT A: Conditions of Approval
LMG 2014-0013
Conditions of Approval
6850 Morro Rd. / 6925 & 6907 Atascadero Ave.
LMG 2014-0013
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
COC: Certificate of Compliance
FM: Final Map
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
1. The Lot Merger as generally shown on Exhibit B, provided herein shall
be submitted as a Final Parcel Map (to be accepted by the Planning
Commission), or in a record of survey with Certificates of Compliance, or
deeds to be approved by the Community Development Department and
City Engineer prior to recordation. If the LLA is to be recorded through
the use of deeds, the deeds shall be submitted in the City’s Certificate of
Compliance standard format for review and approval prior to
recordation.
FM / COC PS / CE
2. Approval of this Lot Merger shall expire two years from the date of
approval unless a time extension has been granted in response to a
written request received and necessary fees paid prior to the expiration
date.
FM / COC PS / CE
3. The applicant shall show the ATAL number issued by the County of San
Luis Obispo (on the record of survey map or included in “Exhibit B” of
the Certificates of Compliance); plot all plottable easements with
recording information, list all unplottable easements, and show the legal
description for the properties being adjusted.
FM / COC PS / CE
4. If a record of survey is submitted, a mylar copy of the survey shall be
submitted to the Community Development Department for approval prior
to recordation.
FM / COC PS / CE
5. All necessary transfers of title, if any, shall be recorded with the Final
Map or the Certificates of Compliance to reflect the true ownership of the
resulting lots of the Lot Merger.
FM / COC PS / CE
6. Prior to recordation of the Final Map or Certificates of Compliance to
final a Lot Merger, all applicants shall submit a tax bond certificate,
obtained from the San Luis Obispo County Tax Assessor's Office,
showing that there are no liens against the property for unpaid state,
county, municipal or local taxes or special assessments, except taxes or
special assessments not yet payable.
FM / COC PS / CE
ITEM NUMBER: B-2
DATE: 12/09/14
EXHIBIT B: Conceptual Site Plan showing elimination of lot line
Eliminated lot line
ITEM NUMBER: B-3
DATE: 12/09/14
Atascadero City Council
Staff Report – Police Department
Proposed Anti-Scavenging Ordinance
RECOMMENDATION:
Council introduce for first reading, by title only, the Draft Ordinance adding Section 6-
4.20 to Chapter 4 of Title 6 of the Atascadero M unicipal Code, creating an infraction
offense for unauthorized individuals who engage in scavenging activities.
DISCUSSION:
Background: In 1989, the California State Legislature enacted the California Integrated
Waste Management Act, establishing a solid waste management process that required
cities and other local jurisdictions to implement plans for source reduction, reuse, and
recycling as integrated waste management practices. In addition, under Public
Resources Code Section 40059, various aspects of solid waste handling constitute
matters of local concern to be governed by local agencies. Under this section, matters
of local concern include, but are not limited to, frequency of solid waste collection,
means of collection and transportation, level of services, charges and fees, the nature,
location and extent of providing solid waste services, and whether the services are to be
provided by City employees or through franchises, contracts, licenses, or otherwise.
The City of Atascadero (“City”) has implemented provisions for collection of solid waste,
codified in Atascadero Municipal Code Title 6, Chapter 4. Under this Chapter, the City
may award solid waste franchises to Contractors who are granted the privilege of
collecting and disposing of refuse, garbage, rubbish and other solid waste produced
within the City.
In 2012, the City had received a few complaints regarding the removal of items from
solid waste containers other than by licensed solid waste contractors and, specifically,
had received complaints regarding the removal of recyclable items. At that time, the
City Council considered the adoption of an ordinance. The City has now recently
received more complaints of people going through their recycle bins at the street and
the City Council asked that staff bring the proposed ordinance back to them for
reconsideration.
ITEM NUMBER: B-3
DATE: 12/09/14
As defined in the proposed draft ordinance, such behavior is often referred to as
“scavenging.” Law enforcement has identified three primary areas of concern related to
scavenging:
1. Scavenging tends to attract non-residents to neighborhoods where the non-
residents thereafter loiter nearby or on private property, resulting in an
increase in calls for law enforcement service.
2. Scavenging concerns have been heightened in recent years due to an
increase in identity theft crimes. Individuals who engage in scavenging can
collect personal information about the owners of the solid waste, and can
thereafter use such information to execute identity theft crimes.
3. Scavenging leads to increased amounts of trash and debris left behind by
persons engaged in scavenging, particularly in local parks and public
facilities.
The concerns related to scavenging appear reasonable as evidenced by the
Legislature’s attempt to prevent certain types of scavenging. Under Public Resources
Code Sections 41950 and 41951, the State prohibits unauthorized removal of recyclable
solid waste and materials placed at designated recycling collection locations.
Staff recommends the City Council consider adopting the Draft Ordinance to allow the
City to prohibit scavenging activities by unauthorized individuals. Adoption of the Draft
Ordinance and implementation of Section 6-4.20 would directly address various public
health and safety concerns that have been raised by both City residents as well as law
enforcement.
FISCAL IMPACT:
None.
ALTERNATIVES:
1. Council may decide not to adopt the Draft Ordinance
2. Council may request staff to make revisions to the Draft Ordinance
3. Council may request staff to conduct further analysis of the scavenging issues
prior to adoption of a scavenging ordinance.
ATTACHMENT:
1. Draft Ordinance
ITEM NUMBER: B-3
DATE: 12/09/14
ATTACHMENT: 1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING CHAPTER 4
OF TITLE 6 OF THE ATASCADERO MUNICIPAL CODE TO ADD
SECTION 6-4.20 PROHIBITING SCAVENGING IN SOLID WASTE
CONTAINERS IN THE CITY
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989, ("AB 939" or the "Act") established a solid waste
management process which requires cities and other local jurisdictions to implement plans for
source reduction, reuse and recycling as integrated waste management practices; and,
WHEREAS, Public Resources Code § 40059, implementing Article XI, § 7 of the
California Constitution, provides that aspects of solid waste handling of local concern include, but
are not limited to, frequency of collection, means of collection and transportation, level of services,
charges and fees, and the nature, location and extent of providing solid waste services, and whether
the services are to be provided by City of Atascadero (“City”) employees or by means of
nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which
may be granted by local government under terms and conditions prescribed by the governing body
of the local agency; and,
WHEREAS, the City has the right to award solid waste franchises to Contractors and has
done so in accordance with Chapter 4 of Title 6 of the Atascadero Municipal Code; and,
WHEREAS, Public Resources Code §§ 41950 and 41951 prohibit unauthorized removal of
recyclable solid wastes and materials placed at designated recycling collection locations; and,
WHEREAS, the City is obligated to protect the public health and safety of the residents
and business owners of the City of Atascadero as well as comply with its duties to solid waste
Contractors under the contracts entered into for hauling of solid wastes; and,
WHEREAS, the City has received complaints regarding the removal of items from solid
waste containers other than by licensed solid waste Contractors, and specifically has received
complaints regarding the removal of recyclable items from solid waste containers, which
recyclables are.
ITEM NUMBER: B-3
DATE: 12/09/14
ATTACHMENT: 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4 of Title 6 of the Atascadero Municipal Code is hereby amended to
include a new Section 6-4.20 to be read as follows:
“6-4.20 Scavenging Prohibited.
(a) It is unlawful for any person to engage in the act of scavenging. For
purposes of this section, “scavenging” means engaging in any of the following
activities:
(1) Tampering or meddling with a container for solid waste, including
recyclable materials;
(2) Tampering or meddling with the contents of any container for solid
waste, including recyclable materials;
(3) Removing the contents of any container for solid waste, including
recyclable materials;
(4) Removing any container for solid waste, including recyclable
materials, from the location where the container has been placed by
the owner of the container or owner’s agent or employee; or,
(5) Removing, tampering, or meddling with any solid waste, including
recyclable materials, set out for collection, pursuant to the provisions
of this Chapter 4, on private property or on any sidewalk, street, or
public right-of-way.
(b) The provisions of this section do not apply to:
(1) A Contractor or its agents or employees performing under the
authority of its contract;
(2) A City agent performing within the authority of the City; or
(3) The owner of the solid waste or of the container, including
the owner’s authorized agents and employees.
(c) It is declared to be an infraction for any person, other than those individuals
listed in subsection (b), to violate any provision of this section 6-4.20.”
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of
this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
ITEM NUMBER: B-3
DATE: 12/09/14
ATTACHMENT: 1
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, 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 City 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. This ordinance shall
be effective a 12:01 a.m. on the 31st day after its final passage.
INTRODUCED at a regular meeting of the City Council held on December 9, 2014, 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:
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: C-1
DATE: 12/09/14
Atascadero City Council
Staff Report - Public Works Department
Resolution of Support for the Formation of a Separate and Distinct
Groundwater Sustainability Agency
for the Atascadero Groundwater Basin
RECOMMENDATION:
Council adopt the Draft Resolution supporting the formation of a separate and distinct
groundwater sustainability agency for the Atascadero Groundwater Basin.
DISCUSSION:
Background: On February 25, 2014 the City Council adopted a resolution stating:
“The City of Atascadero supports efforts to exclude the properties that overlie the
Atascadero Sub-Basin from the boundary of any water district formed for the
Paso Robles Groundwater Basin.”
In January of 2014, staff made a presentation on the Paso Robles Groundwater Basin
and its relationship to the Atascadero Basin, including recent efforts by others to form a
regulatory water district. Testimony was received from John Neil, General Manager of
the Atascadero Mutual Water Company (AMWC) regarding the efforts of a coalition of
agricultural and rural residential property owners to form a water district, and the Water
Company Board of Directors’ position on issues surrounding the water district . Staff
and the Water Company General Manager described their understanding of the hydro -
geologic conditions that exist in the area immediately east of the Salinas River,
specifically the presence of the Rinconada Fault that creates a geologic barrier between
the Paso Robles Groundwater Basin and the Atascadero Basin. Staff also shared the
conclusions of several studies that documented significant declines in groundwater
levels in the greater Paso Robles Groundwater Basin (east of Paso Robles) that also
documented very different and stable conditions in the Atascadero Basin.
ITEM NUMBER: C-1
DATE: 12/09/14
In February of 2014, the City Council adopted a resolution which stated that the City
remained neutral on the formation of a California Water District for the Paso Robles
Water Basin, the City Council supported excluding those properties that overlie the
Atascadero Basin from the proposed boundary of the regulatory water district.
Groundwater Sustainability Plan :
With the passage of AB 1739 (Dickinson), SB 1168 (Pavley), and SB 1319 (Pavley), the
State now requires the pro-active management of groundwater basins through some
form of groundwater sustainability agency (GSA) to ensure the long -term sustainability
of the basins. If a local GSA is not formed and a groundwater sustainabilit y plan is not
in place within 5 – 7 years, the State may step in to manage the groundwater resources
in the basin.
The Atascadero Mutual Water Company is looking to pursue the formation of a
groundwater sustainability agency made up of the Atascadero Mutual Water Company,
the Templeton Community Services District, an entity representing the property owners
that overlie the Atascadero Basin, and potentially the City of Atascadero due to its
discharge of water from its wastewater treatment facility. This GSA would be separate
and distinct from any proposed district for managing the Paso Robles Groundwater
Basin. The GSA would then adopt a groundwater sustainability plan for the entire
Atascadero Basin, separate and distinct from any potential future plans for the Paso
Robles Basin. The GSA and their groundwater sustainability plan would comply with
the new Pavley-Dickinson legislation and would allow for the pro-active management of
the Atascadero Groundwater Basin, ensuring the long-term sustainability of the basin.
Several studies have confirmed that the Atascadero Groundwater Basin is
hydrologically distinct from the Paso Robles Groundwater Basin. The ability to manage
demand in the Atascadero Basin is also distinctly different from the Paso Robles Basin.
In 2009, urban use accounted for approximately 75% of the groundwater being pumped
from the Atascadero Basin. Urban pumpers have greater flexibility in managing
demand than pumpers that are irrigating permanent crops. In addition, water from the
Nacimiento Water Project (NWP) has a greater influence on groundwater levels in the
Atascadero Basin than it does on water levels in the Paso Robles Basin. Even before
the urban pumpers began discharging water from the NWP into the Atascadero Basin,
groundwater levels were relatively stable. Both AMWC and the Templeton Community
Services District (TCSD) are currently seeking to increase their use of water from the
NWP in the Atascadero Basin to over 3,500 acre-feet/year from 2,250 acre-feet/year,
which will ensure the long-term sustainability of groundwater for all users in the basin.
Based on the separate and distinct hydrology, along with key differences in end user
and ability to affect demand, staff recommends that Council adopt a resolution
supporting the formation of a groundwater sustainability agency for the Atascadero
Basin, supporting the adoption of a groundwater sustainability plan for the Atascadero
Basin, and asking that both the Atascadero Basin Groundwater Sustainability Agency
and the Atascadero Basin Groundwater Sustainability Plan be separate and distinct
from any plans for the Paso Robles Groundwater Basin.
ITEM NUMBER: C-1
DATE: 12/09/14
California Water District Boundaries:
In 2013, Pro Water Equity and Paso Robles Agricultural Alliance for Groundwater
Solutions (PRAAGS) proposed forming a California Water District. The original
boundaries of the proposed district included the Atascadero Basin. Based on input from
AMWC, the City of Atascadero and others, PRAAGS and Pro Water Equity agreed to
redraw the district boundaries to exclude the Atascadero Basin.
PRAAGS and Pro Water Equity wanted the district to have a nine -member board.
Three board members would be elected at large and two each would be elected from
representatives of small, medium, and large landowners. This hybrid method of electing
the board of directors required a change to state law. AB 2453 (Achadjian) was
introduced to allow the hybrid method of electing the board and was signed into law on
September 16, 2014.
AB 2453 morphed as it moved through the legislature. Among other things, AB 2453
changed the process for initiating the formation of a district through LAFCO. Existing
law required a land-weighted, majority vote to initiate the formation of a district. Under
AB 2453, the formation of a district can now be initiated by either a petition of 10% of
the landowners, or an affected local agency within the county, including the county.
At its meeting on October 14, 2014, the County Board of Supervisors voted to initiate
the process of forming a district through LAFCO for the Paso Robles Basin as allowed
under AB 2453. County staff is now putting together the necessary and detailed items
needed to submit to LAFCO, which will include among things the proposed boundaries
of the water district.
At its February 25, 2014 meeting, the Atascadero City Council adopted a resolution
supporting efforts to exclude the properties that overl ie the Atascadero Basin from the
boundary of any water district formed for the Paso Robles Groundwa ter Basin. Staff will
be sending copies of the February 25th resolution to both the County and LAFCO, re-
iterating the City’s position that any district formed for the Paso Robles Groundwater
Basin exclude those properties the overlie the Atascadero Basin.
FISCAL IMPACT:
None.
ALTERNATIVES:
1. The Council may modify the proposed Resolution.
2. The Council may refer this item back to staff for additional analysis.
3. The Council may decide to take no formal policy position regarding the Paso Robles
Groundwater Basin.
ITEM NUMBER: C-1
DATE: 12/09/14
ATTACHMENTS:
1. Draft Resolution
2. February 25, 2014 Resolution supporting the position of the Atascadero Mutual
Water Company Board of Directors opposing the inclusion of properties overlying
the Atascadero sub-basin from the boundaries of a regulatory water district for
the Paso Robles Groundwater Basin.
ITEM NUMBER: C-1
DATE: 12/09/14
ATTACHMENT 1: Draft Resolution
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, SUPPORTING THE FORMATION OF A
SEPARATE AND DISTINCT GROUDNWATER SUSTAINABILITY
AGENCY FOR THE ATASCADERO GROUNDWATER BASIN.
WHEREAS, The City of Atascadero commends the efforts of the Atascadero Mutual
Water Company to manage the water supply serving the community of Atascadero, including
groundwater resources in the Atascadero Basin; and,
WHEREAS, The City further understands that the generally accepted boundary between
the Atascadero Basin and the Paso Robles Groundwater Basin is the Rinconada Fault; and,
WHEREAS, The City understands the conditions within the Atascadero Groundwater
Basin are distinctly separate and unique from those conditions that may exist in the Paso Robles
Groundwater Basin; and,
WHEREAS, With the passage of AB 1739 (Dickinson), SB 1168 (Pavley), and SB 1319
(Pavley), the State now requires the pro-active management of groundwater basins through some
form of groundwater sustainability agency (GSA) to ensure the long-term sustainability of the
basins; and,
WHEREAS, A local Groundwater sustainability agency must be formed and a groundwater
sustainability plan must be in place within 5 – 7 years; and,
WHEREAS, In 2009, urban use accounted for approximately 75% of the groundwater
being pumped from the Atascadero Basin; and,
WHEREAS, urban pumpers have greater flexibility in managing demand than pumpers
that are irrigating permanent crops; and,
WHEREAS, water from the Nacimiento Water Project (NWP) has a greater influence on
groundwater levels in the Atascadero Basin than it does on water levels in the Paso Robles Basin;
and,
WHEREAS, Groundwater levels in the Atascadero Basin are relatively stable even before
the urban pumpers began discharging water from the Nacimiento Water Project into the Atascadero
Basin; and,
ITEM NUMBER: C-1
DATE: 12/09/14
WHEREAS, Both Atascadero Mutual Water Company and the Templeton Community
Services District are currently seeking to increase their use of water from the Nacimiento Water
Project in the Atascadero Basin to over 3,500 acre-feet/year from 2,250 acre-feet/year, which will
ensure the long-term sustainability of groundwater for all users in the basin; and,
WHEREAS, On February 25, 2014, the City Council adopted Resolution #2014-004,
supporting efforts to exclude the properties that overlie the Atascadero Sub-Basin from the
boundary of any water district formed for the Paso Robles Groundwater Basin; and,
WHEREAS, The City understands the two groups commonly known as PRAAGS and
Pro Water Equity seek to form a California Water District within the Paso Robles Groundwater
Basin; and,
WHEREAS, The City of Atascadero remains neutral on the formation of said California
Water District; and,
WHEREAS, The City believes that protection of water resources serving the City of
Atascadero is of vital interest of the City for the health, welfare and economic vitality of the
community.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero
as follows:
1. The City of Atascadero supports efforts to form a groundwater sustainability agency for the
Atascadero Basin; and
2. The City of Atascadero supports efforts to adopt a groundwater sustainability plan for the
Atascadero Basin; and
3. The City of Atascadero supports efforts to keep both the Atascadero Basin Groundwater
Sustainability Agency and the Atascadero Basin Groundwater Sustainability Plan separate
and distinct from any plans for the Paso Robles Groundwater Basin; and
4. The City of Atascadero continues to support efforts to exclude the properties that overlie the
Atascadero Sub-Basin from the boundary of any water district formed for the Paso Robles
Groundwater Basin.
ITEM NUMBER: C-1
DATE: 12/09/14
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: C-1
DATE: 12/09/14
ATTACHMENT: 2
ITEM NUMBER: C-1
DATE: 12/09/14
ATTACHMENT: 2
ITEM NUMBER: C-2
DATE: 12/09/14
Atascadero City Council
Staff Report – Community Development Department
Dormant Building Permit Program Sunset
Phase 5 - 2014
RECOMMENDATION:
City Council allow Phase 5 of the Dormant Permit Program to expire on December 31,
2014, and adopt Draft Resolution A allowing certain economic development priority
project permit applications to remain active for one additional year.
DISCUSSION:
This is a follow-up report to the June 24, 2014 City Council staff report regarding the
Dormant Permit Program.
Background: Prior to construction, an applicant is required to submit an application for
a building permit. The date of the application submittal locks in City fees and other
processing requirements. However, in order for the application to remain valid, the
permit must be actively in the plan check process. Once the permit is ready to issue, it
must be picked up within 180 days.
Due to the severity of the recent recession , the City created the Dormant Permit
Program to provide additional time for the permit applications to remain valid. Dormant
permits are building permit applications that could not comply with the 180 day
processing timeframes as required by the Atascadero Municipal Code in 2008:
105.3.2 Time limitation of application (2008 Atascadero Municipal Code).
Expiration of Plan Review. Applications for which no permit is issued within 180 days
following date of notification of approval/ready for issuance by the Building Division, or
applications within 180 days following date of notification of permit corrections to be
picked up or returned, shall expire by limitation, and plans and other data submitted for
review may thereafter be returned to the applicant or destroyed by the building official.
ITEM NUMBER: C-2
DATE: 12/09/14
Over the past seven years, the Dormant Permit Program has been extended five times:
Phase 1 – 2008
In September of 2008, Council approved the Dormant Building Permit Application
Extension Program Phase 1. Phase 1 required project owners to pay all outstanding
plan check fees by February 28, 2009, and pay all additional fees and secure the permit
by June 30, 2010. This program extended the life of 458 dormant permit applications.
Project owners were informed that this would be a one -time-only program, and the
ramification of not participating was that the permit application would be cancelled , and
all outstanding plan check fees would be required to be paid. Unpaid fees would be sent
to a collection agency. Owners of 214 permit applications participated in Phase 1, and
$211,660 in outstanding plan check fees were collected.
Phase 2 – 2009
In June of 2009, Council approved Phase 2 of the Dormant Building Permit Application
Program. This second phase of the program was designed to keep the remaining 292
project applications that did not participate in Phase 1 viable. Phase 2 required all
outstanding permit fees be paid by June 30, 2010, and project plans be updated to the
current Building Code by June 30, 2010. The deadline for picking up permits under
Phase 2 was June 30, 2010. The Phase 2 program had limited participation.
Phase 3 – 2010
In June of 2010, Council approved Phase 3 of the Dormant Building Permit Application
Program. Phase 3 required all outstanding plan check fees be paid and all plans be
brought up to current building code by December 31, 2011. The third phase of the
Program provided permit applications from both Phase 1 and Phase 2 with an additional
18 months before expiration. Phase 3 modified Phase 1 and Phase 2 as follows:
Phase 1: Projects that participated in Phase 1 and paid all outstanding plan
checks were allowed an extended deadline, up December 31, 2010, to start
construction on the project. After June 30, 2010, a $150 processing fee was
added to cover the cost of staff time.
Phase 2: Projects that were in Phase 2, but had not recorded any progress
pursuant to the Dormant Permit Application Program , were allowed an extended
timeframe to December 31, 2011.
ITEM NUMBER: C-2
DATE: 12/09/14
Summary of Previous Permit Extension Programs
Time Frame Phase 1 Permits Phase 2 Permits
Expires June 30, 2010
All outstanding plan check fees
had to be paid
Deferred outstanding plan check
fees
All plans must be brought up to
current code
Phase 3 Permits (Current Program)
July 1, 2010 to
June 30, 2011
Phase I permits may be issued
$150 processing fee
Deferred outstanding plan check
fees
All plans must be brought up to
current code
$150 processing fee
July 1 to
December 31, 2011
All Phase 1 and 2 permits must be brought up to the 2011 building
code.
All outstanding plan check fees must be paid.
$150 processing fee
January 1, 2012 All permits expired
Outstanding plan check fees turned over for collections
Phase 4 – 2012
Phase 4 of the Program provided an addition two -year extension with the same rules as
Phase 3. As part of Phase 4, time extensions were limited to certain dormant projects
that have the possibility of being constructed, while permits that no longer appear viable
were cancelled.
Projects extended under Phase 4 were selected based on the following criteria:
Extend Permits (2a)
Cancelled Permits (2b)
Status of subdivision
maps
Recorded final map or active
tentative map
Expired tentative map
Scope of project Part of master plan of
development
Stand-alone project, individual
single-family residence
Status of other
permits within same
project
Part of ongoing project, partially
constructed project
No permits have been pulled, no
activity on associated permits
Information from
property owner
Interest in developing No interest or capability to
develop now or in near future
Based on the above criteria, 282 individual permits (27 separate projects), were
extended under Phase 4 until December 31, 2013. The remaining 75 dormant permits
expired on December 31, 2011.
ITEM NUMBER: C-2
DATE: 12/09/14
Phase 5 – 2014
As part of the 2013 California Building Code adoption, the City provided a one -year
extension to the Dormant Permit Program (Phase 5) to December 31, 2014.
Analysis: On June 24, 2014, staff provided the City Council with an update on the
Dormant Permit Program. Council directed staff to notify permit applicants that the
program was going to end soon, and then to report back to City Council on the program
status.
At this time, Phase 5 of the Dormant Permit Program will expire on December 31, 2014.
The City has seen a significant increase in residential permit activity over the past two
years. It appears that those bankrupt projects that were going to be re -established have
updated their permit applications. Staff is recommending the remaining dormant
permits be cancelled unless the building plans are in active plan check or updated to the
2013 California Building Code prior to December 31, 2014. Permits that are cancelled
will be sent to collections for any outstanding plan check fees.
Dormant Permit Program updated to 2013 California Building Code:
1. 3F Meadows / Oak Ridge Estates
2. Southside Villas
3. Oakhaven Village
4. Oak Grove Phase 2 –People Self Help Housing
5. Las Lomas Apartments
6. Vista Dorado (Las Lomas single-family residential)
7. Dove Creek
8. Sycamore Place – Atascadero Ave planned development
9. Eagle Creek: 13006 & 13000 Atascadero Ave.
10. West Front Village - Residential
11. Woodridge Townhomes – 35 Units (in process)
12. Chauplin – 2 Units (in process)
Permit with no activity that will expire:
13. Acacia Mixed Use – 40 Units (no applicant response – dead project)
14. Principal Mixed Use – 45 Units + Commercial
(applicant has filed for project amendment, new permits will be required)
15. Colony Square – Building B, C, And D
(1 year extension recommended)
16. West Front – Commercial Building A and B
(1 year extension recommended)
17. Maravilla Planned Development – 13 Units
(no applicant response – dead project)
18. 5715 Rosario – 4 Units (no applicant response – dead project)
ITEM NUMBER: C-2
DATE: 12/09/14
In June, the City Council requested staff look into options to preserve the applications
for the Colony Square and West Front Commercial building. Both of these projects are
included in the Council’s 2013 Economic Development Hot Spot list and therefore,
qualify for special consideration. Staff has prepared Draft Resolution A to create an
additional 1-year time extensions for these permits due to their economic development
potential. The permits covered by the extension are:
BLD 2006-6772 - Colony Square Building B/C residential mixed use
BLD 2006-6773 - Colony Square Building B/C commercial
BLD 2006-6774 - Colony Square Building D commercial
BLD 2006-6775 - Colony Square Building D residential mixed use
BLD 2007-7282 – West Front Commercial Building A
BLD 2007-7283 – West Front Commercial Building B
ITEM NUMBER: C-2
DATE: 12/09/14
In July, staff notified Dormant Permit Program applicants that the program would be
ending. Staff worked with a number of applicants to explain options available to
maintain a permit application.
ITEM NUMBER: C-2
DATE: 12/09/14
Some of the Dormant Permit Program applications are now over 10 years old and are
entitled to fees from the 1990’s. This has created two major concerns if the program
were to continue:
1. The City is losing a significant amount of both cost recovery permit fees and
Capital Facility Impact Fees on dormant permits. Now that the residential
construction industry has recovered, City subsidy of permit fees is no longer
justified.
2. Managing the Dormant Permit Program is very labor intensive for Building
Department staff because the old fees and outdated plans are not supported by
the current permit system and require manual calculations and special handling.
Staff has also found that buyers of dormant projects have been very demanding
of staff assistance for support to get projects restarted.
FISCAL IMPACT:
The Dormant Permit Program fees are significantly lower than the City’s current fee
schedule. Ending the program is expected to improve City permit revenues and Capital
Facility Impact Fees collection.
ALTERNATIVES:
1. The Council could refer the item back to staff for additional analysis and a follow-
up report.
2. The Council could direct staff to begin preparation of a 6th Phase of the Dormant
Permit Program.
ATTACHMENT:
1. Draft Resolution A
ITEM NUMBER: C-2
DATE: 12/09/14
Attachment 1: Draft Resolution A
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, EXTENDING CERTAIN DORMANT
PERMIT APPLICATIONS FOR ECONOMIC DEVELOPMENT PURPOSES
WHEREAS, In response to the Great Recession of 2008-2012, the City of Atascadero
created the Dormant Permit Program in 2008 to extend the life of building permit applications that
would have expired; and,
WHEREAS, the Dormant Permit Program was extended five times and then expired on
December 31, 2014; and,
WHEREAS, a limited number of building permits for commercial retail development
remained in the Dormant Permit Program due to local economic conditions; and,
WHEREAS, the Colony Square and West Front Village Commercial project both have
building permit applications for commercial retail development on the Dormant Permit Program list
that will expire on December 31, 2014; and,
WHEREAS, the City Council’s September 24, 2013 Economic Development Hot Spots list
includes the Colony Square and West Front Village Commercial properties as priority economic
development projects; and,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero
SECTION 1. Findings: The Atascadero City Council finds as follows:
Extension of permit applications for commercial projects identified in the 2013 Hot Spot
list provides a substantial economic development benefit to the City.
SECTION 2. Approval of Time Extension: The Atascadero City Council approves a 1-
year time extension to December 31, 2015 for the following building permit applications:
BLD 2006-6772 - Colony Square Building B/C residential mixed use
BLD 2006-6773 - Colony Square Building B/C commercial
BLD 2006-6774 - Colony Square Building D commercial
BLD 2006-6775 - Colony Square Building D residential mixed use
BLD 2007-7282 – West Front Commercial Building A
BLD 2007-7283 – West Front Commercial Building B
ITEM NUMBER: C-2
DATE: 12/09/14
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