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HomeMy WebLinkAboutCC_2016-01-12_Agenda Packet CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, January 12, 2016 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) CITY COUNCIL CLOSED SESSION: 5:00 P.M. 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Rachelle Rickard, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit 4. CLOSED SESSION – ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. Public Financing Authority: Immediately following the conclusion of the City Council meeting REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor O’Malley ROLL CALL: Mayor O’Malley Mayor Pro Tem Moreno Council Member Fonzi Council Member Kelley Council Member Sturtevant APPROVAL OF AGENDA: Roll Call PRESENTATIONS: None 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 minute s, 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 – December 8, 2015  Recommendation: Council approve the City Council Draft Action Minutes of the December 8, 2015 City Council meeting. [City Clerk] 2. November 2015 Accounts Payable and Payroll  Fiscal Impact: $ 1,688,458.74  Recommendation: Council approve certified accounts payable, payroll and payroll vendor checks for November 2015. [Administrative Services] 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 t he 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. Ordinance Repealing Chapter 5-13 Regarding Medical Marijuana Facilities and Adding Section 9-6.186 to Title 9 of the Atascadero Municipal Code Prohibiting Marijuana Cultivation Facilities, Marijuana Dispensaries, Commercial Cannabis Activities, and Medical Marijuana Deliveries  Ex-Parte Communications:  Fiscal Impact: None  Recommendation: The Planning Commission recommends: Council introduce for first reading, by title only, the Draft Ordinance repealing Municipal Code 5-13 regarding Medical Marijuana Facilities and adding Section 9-6.186 to Title 9 of the Municipal Code prohibiting marijuana cultivation facilities, marijuana dispensaries, commercial cannabis activities and medical marijuana deliveries. [Community Development] C. MANAGEMENT REPORTS: 1. Fiscal Year 2015 Annual Road Report  Fiscal Impact: Distribution of the 2015 Community Road Report is estimated to cost approximately $3,500 in budgeted General Funds.  Recommendations: The Citizens’ Sales Tax Oversight Committee recommends Council: 1. Approve the Fiscal Year 2015 Annual Road Report; and, 2. Approve the Fiscal Year 2015 Community Road Report. [Public Works] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a futu re 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 Moreno 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City of Atascadero Finance Committee (Chair) 3. Economic Vitality Corporation, Board of Directors (EVC) Council Member Fonzi 1. Air Pollution Control District 2. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero 3. SLO Local Agency Formation Commission (LAFCo) 4. City of Atascadero Design Review Committee 5. SLO County Water Resources Advisory Committee (WRAC) 6. Water Issues Liaison Council Member Kelley 1. Atascadero State Hospital Advisory Committee 2. City of Atascadero Design Review Committee 3. Homeless Services Oversight Council 4. City of Atascadero Finance Committee Council Member Sturtevant 1. City / Schools Committee 2. League of California Cities – Council Liaison E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURN TO THE PUBLIC FINANCING AUTHORITY MEETING Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Lori M. Kudzma, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the January 12, 2016 Regular Session of the Atascadero City Council was posted on January 6, 2016, 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 6th day of January, 2016, at Atascadero, California. Lori M. Kudzma, 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 meeting s 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 meeting 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 befo re 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 s ubject, 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 to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes The Mayor will announce when the public comment period is closed, and thereafter, no further public com ments will be heard by the Council. ITEM NUMBER: A-1 DATE: 01/12/16 Atascadero City Council December 8, 2015 Page 1 of 6 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, December 8, 2015 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California CITY COUNCIL CLOSED SESSION: 5:00 P.M. Mayor O’Malley announced at 5:00 p.m. that the Council is going into Closed Session. 1. CLOSED SESSION -- PUBLIC COMMENT - None 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Rachelle Rickard, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit 4. CLOSED SESSION – ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. ITEM NUMBER: A-1 DATE: 01/12/16 Atascadero City Council December 8, 2015 Page 2 of 6 6. CLOSED SESSION – REPORT The City Attorney reported that there was no reportable action. REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor O’Malley called the meeting to order at 6:01 p.m. and Council Member Sturtevant led the Pledge of Allegiance. ROLL CALL: Present: Council Members Kelley, Fonzi, Sturtevant, Mayor Pro Tem Moreno, and Mayor O’Malley Absent: None Others Present: City Clerk / Deputy City Manager Marcia McClure Torgerson and City Treasurer Gere Sibbach Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Phil Dunsmore, Public Works Director Nick DeBar, Police Chief Jerel Haley, and City Attorney Brian Pierik. APPROVAL OF AGENDA: MOTION: By Council Member Sturtevant and seconded by Council Member Fonzi to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation Recognizing 100 Years of Service by the Community Church of Atascadero The City Council presented the Proclamation to Pastor Heather Branton. ITEM NUMBER: A-1 DATE: 01/12/16 Atascadero City Council December 8, 2015 Page 3 of 6 A. CONSENT CALENDAR: 1. City Council Draft Action Minutes – November 10, 2015  Recommendation: Council approve the City Council Draft Action Minutes of the November 10, 2015 City Council meeting. [City Clerk] 2. October 2015 Accounts Payable and Payroll  Fiscal Impact: $1,647,183.82  Recommendation: Council approve certified accounts payable, payroll and payroll vendor checks for October 2015. [Administrative Services] 3. September 2015 Investment Report  Fiscal Impact: None.  Recommendation: Council receive and file the City Treasurer’s report for quarter ending September 2015. [City Treasurer/Administrative Services] 4. City Council 2016 Meeting Schedule  Fiscal Impact: None  Recommendation: Council approve the City Council meeting schedule for 2016. [City Manager] 5. Proposed Amendments to Title 3, Chapter 16 of the Atascadero Municipal Code Regarding ATBID Membership Requirements, Nomination Process, and Length of Terms - Second Reading of Ordinance  Fiscal Impact: None  Recommendation: Council adopt, on second reading by title only, the Draft Ordinance amending Title 3, Chapter 16 of the Atascadero Municipal Code regarding ATBID membership requirements, nomination process, and length of terms. [City Manager] 6. Contract with Michael Baker International for Contract Planning Services  Fiscal Impact: The fiscal impact of the contract planner for an additional 5 - 6 weeks (expected until the additional full time planner position is filled) is estimated to be approximately $10,000 to $12,000 of budgeted General Funds.  Recommendation: Council authorize the City Manager to execute a contract with Michael Baker International for ongoing contract planning services. [Community Development] ITEM NUMBER: A-1 DATE: 01/12/16 Atascadero City Council December 8, 2015 Page 4 of 6 7. Contract Amendment for Development Review Services Diversified Project Services International (DPSI)  Fiscal Impact: The fiscal impact of amending DPSI’s contract for development review and plan checking services is estimated at $5,000 to $10,000 per month, and is expected to drop significantly once the vacant Associate Civil Engineer position is filled. The cost of th e proposed contracted services would be offset by the Public Works plan check revenues generated from the increased level of residential and commercial development, as well as reimbursed plan checking fees for major developments.  Recommendation: Council authorize the City Manager to execute a contract amendment with Diversified Project Services International (DPSI) for ongoing development review and plan checking services. 8. Approval of Staff Reorganization at the Colony Park Community Center (Recreation Division)  Fiscal Impact: None.  Recommendation: Council concur with the administrative reorganization of existing personnel currently serving in the Recreation division, as recommended by the City Manager. [City Manager] MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem Moreno to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (#A-5: Ordinance No. 592, #A-6: Contract No. 2015-021) UPDATES FROM THE CITY MANAGER: City Manager Rachelle Rickard gave an update on projects and issues within the City. COMMUNITY FORUM: Mayor O’Malley closed the COMMUNITY FORUM period. The following citizens spoke during Community Forum: Pastor Haynes, Susan Lara, Rocio Osio, Maya Lara, Janine Rands (Exhibit A), Sierra Rosabella, and David Lightner. ITEM NUMBER: A-1 DATE: 01/12/16 Atascadero City Council December 8, 2015 Page 5 of 6 B. PUBLIC HEARINGS: 1. 2016 Community Development Block Grants - Draft Recommendations  Ex-Parte Communications:  Fiscal Impact: The 2016 allocation is estimated to be $159,143.  Recommendation: Council develop and adopt draft funding recommendations for the 2016 Community Development Block Grant (CDBG) funds. [Public Works] Public Works Director Nick DeBar gave the staff report and answered questions from the Council. PUBLIC COMMENT: None There was Council consensus for $103,444 to be designated to the Public Facilities section of the 2016 Community Development Block Grant (CDBG) funds. MOTION: By Council Member Sturtevant and seconded by Council Member Kelley to adopt the following draft funding recommendations for the Public Services section of the 2016 Community Development Block Grant (CDBG) funds: Loaves & Fishes $8,000.00 Atascadero Youth Activity Scholarships $8,000.00 El Camino Homeless Organization $7,871.00 CASA $00.00 Transitions $00.00 Motion passed 5:0 by a roll-call vote. C. MANAGEMENT REPORTS: 1. Proposed Resolution Adopting a Policy Regarding Conditions, Covenants and Restrictions for Projects Constructed in the City  Fiscal Impact: None  Recommendation: Council adopt the Draft Resolution adopting a policy regarding Conditions, Covenants and Restrictions for projects constructed in the City. [City Attorney] City Attorney Brian Pierik gave the staff report and answered questions from the Council. Mayor O’Malley recessed the meeting at 7:18 p.m. Mayor O’Malley reconvened the meeting at 7:28 p.m. ITEM NUMBER: A-1 DATE: 01/12/16 Atascadero City Council December 8, 2015 Page 6 of 6 PUBLIC COMMENT: The following citizens spoke on this item: Greg Munakata, and Don Ritter. Mayor O’Malley closed the Public Comment period. MOTION: By Mayor O’Malley and seconded by Council Member Kelley to take no action on the Draft Resolution, and direct the City Attorney to create a disclosure statement, with input from Council Members Kelley & Fonzi, for future escrows and developments. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: The City Council Members made brief announcements. D. COMMITTEE REPORTS: None E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURN Mayor O’Malley adjourned the meeting at 8:38 p.m. MINUTES PREPARED BY: ______________________________________ Marcia McClure Torgerson, C.M.C. City Clerk / Deputy City Manager The following exhibit is available for review in the City Clerk’s office: Exhibit A – SLO Foam Free brochure, submitted by Janine Rands ITEM NUMBER: A-2 DATE: 01/12/16 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of November 2015 2083 11/06/2015 STATE DISBURSEMENT UNIT 408.46Payroll Vendor Payment 2084 11/06/2015 HEALTHEQUITY, INC.5,120.85Payroll Vendor Payment 146969 11/06/2015 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment 146970 11/06/2015 ATASCADERO POLICE OFFICERS 1,186.25Payroll Vendor Payment 146971 11/06/2015 ATASCADERO PROF. FIREFIGHTERS 864.25Payroll Vendor Payment 146972 11/06/2015 HARTFORD LIFE INSURANCE 10,621.00Payroll Vendor Payment 146973 11/06/2015 NATIONWIDE RETIREMENT SOLUTION 603.82Payroll Vendor Payment 146974 11/06/2015 NAVIA BENEFIT SOLUTIONS 1,637.51Payroll Vendor Payment 146975 11/06/2015 SEIU LOCAL 620 872.50Payroll Vendor Payment 146976 11/06/2015 VANTAGEPOINT TRNSFR AGT 106099 288.29Payroll Vendor Payment 146977 11/06/2015 VANTAGEPOINT TRNSFR AGT 304633 3,243.82Payroll Vendor Payment 2085 11/10/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 30,413.15Payroll Vendor Payment 2086 11/10/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 40,069.35Payroll Vendor Payment 2087 11/10/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,098.07Payroll Vendor Payment 2088 11/10/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,013.87Payroll Vendor Payment 2089 11/10/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,788.79Payroll Vendor Payment 2090 11/10/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,275.63Payroll Vendor Payment 2091 11/10/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,275.10Payroll Vendor Payment 2092 11/10/2015 RABOBANK, N.A.54,771.36Payroll Vendor Payment 2093 11/10/2015 EMPLOYMENT DEV DEPARTMENT 15,029.36Payroll Vendor Payment 2094 11/10/2015 EMPLOYMENT DEV. DEPARTMENT 1,941.83Payroll Vendor Payment 146978 11/13/2015 A & T ARBORISTS & VEGETATION 1,930.00Accounts Payable Check 146979 11/13/2015 ALL SIGNS AND GRAPHICS, LLC 233.28Accounts Payable Check 146980 11/13/2015 ALTHOUSE & MEADE, INC.2,295.00Accounts Payable Check 146981 11/13/2015 AMERICAN WEST TIRE & AUTO INC 502.29Accounts Payable Check 146982 11/13/2015 ANDREW BROWN GENERAL ENG, INC.2,434.49Accounts Payable Check 146983 11/13/2015 KEN ARDOUIN 280.00Accounts Payable Check 146984 11/13/2015 AT&T 502.22Accounts Payable Check 146985 11/13/2015 AT&T 33.53Accounts Payable Check 146986 11/13/2015 ATASCADERO HAY & FEED 73.77Accounts Payable Check 146987 11/13/2015 ATASCADERO LAND PRESERVATION 120,000.00Accounts Payable Check 146989 11/13/2015 ATASCADERO MUTUAL WATER CO.17,167.45Accounts Payable Check 146990 11/13/2015 ATASCADERO NEWS 514.50Accounts Payable Check 146991 11/13/2015 ATASCADERO TRAFFIC WAY STORAGE 552.00Accounts Payable Check 146992 11/13/2015 BELL'S PLUMBING REPAIR, INC.389.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 01/12/16 ATTACHMENT: 1 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of November 2015 146993 11/13/2015 BOUND TREE MEDICAL, LLC 44.47Accounts Payable Check 146994 11/13/2015 BREZDEN PEST CONTROL, INC.80.00Accounts Payable Check 146995 11/13/2015 SHIRLEY R. BRUTON 872.70Accounts Payable Check 146996 11/13/2015 BUTLER BUSINESS MACHINES 407.24Accounts Payable Check 146997 11/13/2015 CA ASSC OF ZOOS AND AQUARIUMS 650.00Accounts Payable Check 146998 11/13/2015 CA POLICE CHIEF'S ASSC 1,250.00Accounts Payable Check 146999 11/13/2015 CAL FIRE/SLO CO FIRE 400.00Accounts Payable Check 147000 11/13/2015 CAL-COAST REFRIGERATION, INC 170.00Accounts Payable Check 147001 11/13/2015 CALPORTLAND COMPANY 2,011.66Accounts Payable Check 147002 11/13/2015 CAL-STATE AUTO & TRUCK GLASS 245.80Accounts Payable Check 147003 11/13/2015 KATE CAPELA 448.00Accounts Payable Check 147004 11/13/2015 ALFREDO CASTILLO 244.35Accounts Payable Check 147005 11/13/2015 CHEVRON & TEXACO BUS. CARD 1,408.27Accounts Payable Check 147006 11/13/2015 COASTAL COPY, LP 111.47Accounts Payable Check 147007 11/13/2015 MIGUEL A. CORDERO 60.00Accounts Payable Check 147008 11/13/2015 CIMON J. CORMIER 120.00Accounts Payable Check 147009 11/13/2015 COUNTY OF SAN LUIS OBISPO 317.00Accounts Payable Check 147010 11/13/2015 CROP PRODUCTION SERVICES, INC.115.29Accounts Payable Check 147011 11/13/2015 CRYSTAL SPRINGS WATER 119.65Accounts Payable Check 147012 11/13/2015 MATTHEW J. CURRY 160.00Accounts Payable Check 147013 11/13/2015 ANTHONY B. DANG 9,692.96Accounts Payable Check 147014 11/13/2015 NICHOLAS DEBAR 300.00Accounts Payable Check 147015 11/13/2015 PHILIP DUNSMORE 630.00Accounts Payable Check 147016 11/13/2015 ED'S FLYMEAT LLC 78.90Accounts Payable Check 147017 11/13/2015 ENTENMANN-ROVIN CO.308.98Accounts Payable Check 147018 11/13/2015 FARM SUPPLY COMPANY 32.19Accounts Payable Check 147019 11/13/2015 FERRELL'S AUTO REPAIR 167.40Accounts Payable Check 147020 11/13/2015 FGL ENVIRONMENTAL 1,260.00Accounts Payable Check 147021 11/13/2015 FRESNO CITY COLLEGE 110.00Accounts Payable Check 147022 11/13/2015 GAS COMPANY 245.12Accounts Payable Check 147023 11/13/2015 GEM AUTO PARTS 82.51Accounts Payable Check 147024 11/13/2015 BRADLEY A. HACKLEMAN 711.00Accounts Payable Check 147025 11/13/2015 HART IMPRESSIONS PRINT & COPY 263.52Accounts Payable Check 147026 11/13/2015 EVELYN R. INGRAM 717.71Accounts Payable Check 147027 11/13/2015 J. CARROLL CORPORATION 350.65Accounts Payable Check 147028 11/13/2015 NANCY S. KNOX 113.40Accounts Payable Check 147029 11/13/2015 COLETTE LAYTON 150.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 01/12/16 ATTACHMENT: 1 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of November 2015 147030 11/13/2015 LEHIGH HANSON 1,760.67Accounts Payable Check 147031 11/13/2015 CRAIG C. LOWRIE 120.00Accounts Payable Check 147032 11/13/2015 LUBE N GO 80.06Accounts Payable Check 147033 11/13/2015 MADRONE LANDSCAPES, INC.13,509.07Accounts Payable Check 147034 11/13/2015 KELLI MARKS 59.00Accounts Payable Check 147035 11/13/2015 SAMUEL H. MCMILLAN, SR.120.00Accounts Payable Check 147036 11/13/2015 MICHAEL K. NUNLEY & ASSC, INC.13,126.80Accounts Payable Check 147037 11/13/2015 MID-STATE CONCRETE PRODUCTS 3,007.80Accounts Payable Check 147038 11/13/2015 MINER'S ACE HARDWARE 750.93Accounts Payable Check 147039 11/13/2015 MISSION UNIFORM SERVICE 369.48Accounts Payable Check 147040 11/13/2015 BRETT MOBLEY 253.00Accounts Payable Check 147041 11/13/2015 REON C MONSON 315.00Accounts Payable Check 147042 11/13/2015 MV TRANSPORTATION, INC.12,609.70Accounts Payable Check 147043 11/13/2015 MWI VETERINARY SUPPLY CO.84.50Accounts Payable Check 147044 11/13/2015 NATL ALLIANCE FOR YOUTH SPORTS 123.18Accounts Payable Check 147045 11/13/2015 NCI AFFILIATES, INC 40.00Accounts Payable Check 147046 11/13/2015 OFFICE DEPOT INC.387.24Accounts Payable Check 147047 11/13/2015 ANJANETTE ORDONEZ 297.29Accounts Payable Check 147050 11/13/2015 PACIFIC GAS AND ELECTRIC 48,518.74Accounts Payable Check 147051 11/13/2015 PETTY CASH-FIRE DEPARTMENT 85.20Accounts Payable Check 147052 11/13/2015 SCOTT E. PIPAN 66.00Accounts Payable Check 147053 11/13/2015 PROCARE JANITORIAL SUPPLY,INC.843.09Accounts Payable Check 147054 11/13/2015 JERI RANGEL 300.00Accounts Payable Check 147055 11/13/2015 RECOGNITION WORKS 68.04Accounts Payable Check 147056 11/13/2015 REPUBLIC ELEVATOR COMPANY 426.00Accounts Payable Check 147057 11/13/2015 RACHELLE RICKARD 500.00Accounts Payable Check 147058 11/13/2015 SAN LUIS POWERHOUSE, INC.135.00Accounts Payable Check 147059 11/13/2015 MICHELE SCHAMBER 281.00Accounts Payable Check 147060 11/13/2015 SCHLEGEL SAND, GRAVEL, & LAND 554.97Accounts Payable Check 147061 11/13/2015 SETINA MFG CO., INC.391.02Accounts Payable Check 147062 11/13/2015 PETER SHANNON 33.00Accounts Payable Check 147063 11/13/2015 SHELL 994.31Accounts Payable Check 147064 11/13/2015 SHORIN-RYU KARATE 224.00Accounts Payable Check 147065 11/13/2015 SMART AND FINAL 16.81Accounts Payable Check 147066 11/13/2015 RYAN SMITH 183.59Accounts Payable Check 147067 11/13/2015 STANTEC CONSULTING SVCS, INC.667.25Accounts Payable Check 147068 11/13/2015 STAPLES CREDIT PLAN 1,585.76Accounts Payable Check ITEM NUMBER: A-2 DATE: 01/12/16 ATTACHMENT: 1 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of November 2015 147069 11/13/2015 STATE BOARD OF EQUALIZATION 426.00Accounts Payable Check 147070 11/13/2015 SUNLIGHT JANITORIAL 2,999.00Accounts Payable Check 147071 11/13/2015 SUPERIOR CRANE & TRANSPORT 800.00Accounts Payable Check 147072 11/13/2015 JENNIFER TALLEY 80.00Accounts Payable Check 147073 11/13/2015 THRIVE TRAINING CENTER 119.70Accounts Payable Check 147074 11/13/2015 TRIPLE J GREASE REMOVAL 400.00Accounts Payable Check 147075 11/13/2015 ULTREX BUSINESS PRODUCTS 549.03Accounts Payable Check 147076 11/13/2015 UNITED STAFFING ASSC., INC.1,699.83Accounts Payable Check 147077 11/13/2015 VERIZON WIRELESS 2,015.82Accounts Payable Check 147078 11/13/2015 VISIT SAN LUIS OBISPO COUNTY 36,911.24Accounts Payable Check 147079 11/13/2015 WALLACE GROUP 14,440.50Accounts Payable Check 147080 11/13/2015 WELL SEEN SIGN CO., LLC 45.00Accounts Payable Check 147081 11/13/2015 WESTERN JANITOR SUPPLY 319.92Accounts Payable Check 147082 11/13/2015 WEX BANK - 76 UNIVERSL 13,522.25Accounts Payable Check 147083 11/13/2015 WILDLIFE CONSERVATION SOCIETY 276.50Accounts Payable Check 147084 11/13/2015 TONI WOOLPERT 80.00Accounts Payable Check 147085 11/13/2015 KAREN B. WYKE 459.90Accounts Payable Check 147086 11/19/2015 ATASCADERO MID MGRS ORG UNION 30.00Payroll Vendor Payment 147087 11/19/2015 ATASCADERO POLICE OFFICERS 1,186.25Payroll Vendor Payment 147088 11/19/2015 ATASCADERO PROF. FIREFIGHTERS 864.25Payroll Vendor Payment 147089 11/19/2015 HARTFORD LIFE INSURANCE 22,101.00Payroll Vendor Payment 147090 11/19/2015 NATIONWIDE RETIREMENT SOLUTION 621.10Payroll Vendor Payment 147091 11/19/2015 NAVIA BENEFIT SOLUTIONS 1,637.51Payroll Vendor Payment 147092 11/19/2015 NAVIA BENEFIT SOLUTIONS 70.00Payroll Vendor Payment 147093 11/19/2015 SEIU LOCAL 620 878.10Payroll Vendor Payment 147094 11/19/2015 VANTAGEPOINT TRNSFR AGT 106099 288.29Payroll Vendor Payment 147095 11/19/2015 VANTAGEPOINT TRNSFR AGT 304633 3,243.82Payroll Vendor Payment 2095 11/20/2015 STATE DISBURSEMENT UNIT 408.46Payroll Vendor Payment 2096 11/20/2015 HEALTHEQUITY, INC.4,940.21Payroll Vendor Payment 147096 11/23/2015 ALLSTATE WORKPLACE DIVISION 2,477.65Payroll Vendor Payment 147097 11/23/2015 BLUE SHIELD OF CALIFORNIA 131,296.24Payroll Vendor Payment 147098 11/23/2015 LINCOLN NATIONAL LIFE INS CO 1,430.16Payroll Vendor Payment 147099 11/23/2015 MEDICAL EYE SERVICES 1,731.27Payroll Vendor Payment 147100 11/23/2015 PREFERRED BENEFITS INSURANCE 9,547.60Payroll Vendor Payment 2097 11/24/2015 RABOBANK, N.A.46,277.33Payroll Vendor Payment ITEM NUMBER: A-2 DATE: 01/12/16 ATTACHMENT: 1 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of November 2015 2098 11/24/2015 EMPLOYMENT DEV DEPARTMENT 11,846.18Payroll Vendor Payment 2099 11/24/2015 EMPLOYMENT DEV. DEPARTMENT 1,766.82Payroll Vendor Payment 2100 11/25/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 25,112.26Payroll Vendor Payment 2101 11/25/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 37,722.51Payroll Vendor Payment 2102 11/25/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 997.71Payroll Vendor Payment 2103 11/25/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,013.87Payroll Vendor Payment 2104 11/25/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,645.99Payroll Vendor Payment 2105 11/25/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,362.86Payroll Vendor Payment 2106 11/25/2015 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,701.96Payroll Vendor Payment 147101 11/25/2015 A & T ARBORISTS & VEGETATION 2,495.00Accounts Payable Check 147102 11/25/2015 AFSS SOUTHERN DIVISION 50.00Accounts Payable Check 147103 11/25/2015 AGP VIDEO, INC.2,737.50Accounts Payable Check 147104 11/25/2015 AMERICAN MARBORG 107.25Accounts Payable Check 147105 11/25/2015 AMERICAN WEST TIRE & AUTO INC 766.15Accounts Payable Check 147106 11/25/2015 ASSC. OF ZOOS & AQUARIUMS 3,442.00Accounts Payable Check 147108 11/25/2015 AT&T 1,032.49Accounts Payable Check 147109 11/25/2015 AT&T 939.66Accounts Payable Check 147110 11/25/2015 ATASCADERO PROF. FIREFIGHTERS 220.00Accounts Payable Check 147111 11/25/2015 TERRIE BANISH 238.90Accounts Payable Check 147112 11/25/2015 BATTERY SYSTEMS, INC.298.42Accounts Payable Check 147113 11/25/2015 BETH WONSON CONSULTING 3,000.00Accounts Payable Check 147114 11/25/2015 BIG RED MARKETING, INC.5,000.00Accounts Payable Check 147115 11/25/2015 BREZDEN PEST CONTROL, INC.88.00Accounts Payable Check 147116 11/25/2015 BURKE,WILLIAMS, & SORENSON LLP 40,043.73Accounts Payable Check 147117 11/25/2015 C3 CONSTRUCTION & DEVELOPMENT 13,036.00Accounts Payable Check 147118 11/25/2015 CA CODE CHECK, INC.750.00Accounts Payable Check 147119 11/25/2015 JOSEPH M. CARRO 405.00Accounts Payable Check 147120 11/25/2015 CHARTER COMMUNICATIONS 106.83Accounts Payable Check 147121 11/25/2015 KATHLEEN J. CINOWALT 245.00Accounts Payable Check 147122 11/25/2015 COAST LINE DISTRIBUTING 577.34Accounts Payable Check 147123 11/25/2015 COASTAL COPY, LP 352.16Accounts Payable Check 147124 11/25/2015 CORELOGIC SOLUTIONS, LLC.125.00Accounts Payable Check 147125 11/25/2015 CPRS DISTRICT 8 140.00Accounts Payable Check 147126 11/25/2015 CROP PRODUCTION SERVICES, INC.2,457.12Accounts Payable Check 147127 11/25/2015 BRIAN S. DAVIN, JR.80.00Accounts Payable Check 147128 11/25/2015 SHARON J. DAVIS 388.50Accounts Payable Check ITEM NUMBER: A-2 DATE: 01/12/16 ATTACHMENT: 1 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of November 2015 147129 11/25/2015 DEPARTMENT OF FISH & GAME 736.50Accounts Payable Check 147130 11/25/2015 DEPARTMENT OF JUSTICE 673.00Accounts Payable Check 147131 11/25/2015 DEPARTMENT OF TRANSPORTATION 154.63Accounts Payable Check 147132 11/25/2015 DOCUTEAM 132.53Accounts Payable Check 147133 11/25/2015 PHILIP DUNSMORE 42.35Accounts Payable Check 147134 11/25/2015 ESCUELA DEL RIO 60.00Accounts Payable Check 147135 11/25/2015 JENNIFER FANNING 55.78Accounts Payable Check 147136 11/25/2015 FARM SUPPLY COMPANY 64.39Accounts Payable Check 147137 11/25/2015 FERGUSON ENTERPRISES, INC.6,041.77Accounts Payable Check 147138 11/25/2015 FERRELL'S AUTO REPAIR 270.00Accounts Payable Check 147139 11/25/2015 FGL ENVIRONMENTAL 72.00Accounts Payable Check 147140 11/25/2015 GARAGISTE EVENTS, INC.1,000.00Accounts Payable Check 147141 11/25/2015 GAS COMPANY 72.69Accounts Payable Check 147142 11/25/2015 GEM AUTO PARTS 593.41Accounts Payable Check 147143 11/25/2015 GILBERT'S LANDSCAPES 632.91Accounts Payable Check 147144 11/25/2015 HANLEY AND FLEISHMAN, LLP 684.50Accounts Payable Check 147145 11/25/2015 HART IMPRESSIONS PRINT & COPY 306.32Accounts Payable Check 147146 11/25/2015 INHOUSE SECURITY SERVICE, LLC 280.00Accounts Payable Check 147147 11/25/2015 IRON MOUNTAIN RECORDS MGMNT 32.81Accounts Payable Check 147148 11/25/2015 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check 147149 11/25/2015 K & M INTERNATIONAL 492.03Accounts Payable Check 147150 11/25/2015 BRENDAN P. KELSO 618.00Accounts Payable Check 147151 11/25/2015 LUKE KNIGHT 168.60Accounts Payable Check 147152 11/25/2015 KPRL 1230 AM 320.00Accounts Payable Check 147153 11/25/2015 L.N. CURTIS & SONS 354.91Accounts Payable Check 147154 11/25/2015 LEAGUE OF CALIFORNIA CITIES 105.00Accounts Payable Check 147155 11/25/2015 LEE WILSON ELECTRIC CO. INC 91,983.19Accounts Payable Check 147156 11/25/2015 MADRONE LANDSCAPES, INC.6,882.00Accounts Payable Check 147157 11/25/2015 MAINLINE UTILITY CO.600.00Accounts Payable Check 147158 11/25/2015 BECKY MAXWELL 71.07Accounts Payable Check 147159 11/25/2015 MEDPOST URGENT CARE-PASO ROBLE 300.00Accounts Payable Check 147160 11/25/2015 MINER'S ACE HARDWARE 191.47Accounts Payable Check 147161 11/25/2015 MISSION UNIFORM SERVICE 346.11Accounts Payable Check 147162 11/25/2015 HEATHER MORENO 106.95Accounts Payable Check 147163 11/25/2015 MOSS, LEVY, & HARTZHEIM LLP 4,000.00Accounts Payable Check 147164 11/25/2015 RAYMOND L. MULLIKIN 252.00Accounts Payable Check 147165 11/25/2015 NORTH COAST ENGINEERING INC.1,115.74Accounts Payable Check ITEM NUMBER: A-2 DATE: 01/12/16 ATTACHMENT: 1 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of November 2015 147166 11/25/2015 OFFICE DEPOT INC.377.71Accounts Payable Check 147167 11/25/2015 ONTRAC 5.35Accounts Payable Check 147168 11/25/2015 PASO ROBLES FORD LINCOLN MERC 32.93Accounts Payable Check 147169 11/25/2015 PERRY'S PARCEL & GIFT 75.07Accounts Payable Check 147170 11/25/2015 TOM PETERSON 567.00Accounts Payable Check 147171 11/25/2015 PROCARE JANITORIAL SUPPLY,INC.42.11Accounts Payable Check 147172 11/25/2015 PRW STEEL SUPPLY, INC.229.28Accounts Payable Check 147173 11/25/2015 RANGE MASTER 101.78Accounts Payable Check 147174 11/25/2015 RECOGNITION WORKS 189.92Accounts Payable Check 147175 11/25/2015 JOHN F. RICKENBACH 4,060.00Accounts Payable Check 147176 11/25/2015 GEORGE SHOEMAKER 80.00Accounts Payable Check 147177 11/25/2015 JOHN C. SIEMENS 385.00Accounts Payable Check 147178 11/25/2015 SLO COUNTY SHERIFF'S OFFICE 106.00Accounts Payable Check 147179 11/25/2015 SMART AND FINAL 183.16Accounts Payable Check 147180 11/25/2015 STANLEY CONVERGENT SECURITY 246.06Accounts Payable Check 147181 11/25/2015 STATE BOARD OF EQUALIZATION 313.99Accounts Payable Check 147182 11/25/2015 SUNLIGHT JANITORIAL 320.00Accounts Payable Check 147183 11/25/2015 RONALD R. TARICA 169.98Accounts Payable Check 147184 11/25/2015 TRIBUNE 1,660.68Accounts Payable Check 147185 11/25/2015 TUCKFIELD & ASSOCIATES 4,081.68Accounts Payable Check 147190 11/25/2015 U.S. BANK 26,857.76Accounts Payable Check 147191 11/25/2015 UNITED RENTALS (NORTH AM), INC 1,379.19Accounts Payable Check 147192 11/25/2015 UNITED STAFFING ASSC., INC.3,620.14Accounts Payable Check 147193 11/25/2015 UNIVAR USA, INC.5,370.62Accounts Payable Check 147194 11/25/2015 IWINA M. VAN BEEK 462.00Accounts Payable Check 147195 11/25/2015 VERDIN 11,738.20Accounts Payable Check 147196 11/25/2015 VERIZON WIRELESS 724.56Accounts Payable Check 147197 11/25/2015 WALLACE GROUP 15,615.38Accounts Payable Check 147198 11/25/2015 WEST COAST AUTO & TOWING, INC.48.25Accounts Payable Check 147199 11/25/2015 BRIAN WESTERMAN 881.63Accounts Payable Check 147200 11/25/2015 WHITLOCK & WEINBERGER TRANS.5,203.50Accounts Payable Check 147201 11/25/2015 DAVID S. WILDMAN, PH.D.400.00Accounts Payable Check $1,133,616.26 ITEM NUMBER: A-2 DATE: 01/12/16 ATTACHMENT: 1 ITEM NUMBER: B-1 DATE: 01/12/16 Atascadero City Council Staff Report - Community Development Department Ordinance Repealing Chapter 5-13 Regarding Medical Marijuana Facilities and Adding Section 9-6.186 to Title 9 of the Atascadero Municipal Code Prohibiting Marijuana Cultivation Facilities, Marijuana Dispensaries, Commercial Cannabis Activities, and Medical Marijuana Deliveries RECOMMENDATION: The Planning Commission recommends: Council introduce for first reading, by title only, the Draft Ordinance repealing Municipal Code 5-13 regarding Medical Marijuana Facilities and adding Section 9-6.186 to Title 9 of the Municipal Code prohibiting marijuana cultivation facilities, marijuana dispensaries, commercial cannabis activities and medical marijuana deliveries. DISCUSSION: Background Atascadero currently prohibits medical marijuana facilities, which are defined as fixed or mobile facilities where medical marijuana is made available to one or more pr imary caregivers, qualified patients, or people with an identification card, as those terms are defined in state law. (Mun. Code § 5-13.103.) Atascadero also prohibits the delivery of medical marijuana to any person within the City limits, except for the delivery of medical marijuana by a primary caregiver to a qualified patient. (Mun. Code § 5 -13.103.) The validity of these prohibitions is beyond dispute. The California Supreme Court ruled unanimously in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, that the Compassionate Use Act (Proposition 215) (“CUA”) and the Medical Marijuana Program Act of 2004 (“MMPA”) do not preempt local ordinances that completely and permanently ban medical marijuana facil ities. On December 15, 2015, the Atascadero Planning Commission reviewed the draft ordinance and voted unanimously to recommend the Council adopt it as proposed. ITEM NUMBER: B-1 DATE: 01/12/16 Analysis On September 11, 2015, the California Legislature passed three bills that create a broad state regulatory and licensing system governing the cultivation, testing, and distribution of medical marijuana, the manufacturing of marijuana products, and physician recommendations for medical marijuana. Governor Brown signed the three bills, Assembly Bills 243 and 266 and Senate Bill 643, on October 9, 2015. The new legislation preserves local control over marijuana facilities and land uses, including the authority to prohibit dispensaries and other medical marijuana businesses completely. There is however, a provision in the new legislation that requires immediate consideration by Atascadero. Business and Professions Code section 11362.777(c)(4), enacted as part of AB 243, provides that if a city or county does not have a land use ordinance or regulation that either regulates or prohibits medical marijuana cultivation, either expressly or otherwise under principles of permissive zoning (any use not listed is deemed prohibited), or chooses not to implement a regulatory scheme by March 1, 2016, the state shall become the sole licensing authority for cultivation in that jurisdiction. In that situation, a marijuana cultivation site may not be subject to local enforcement. Conclusion The City does not have express regulations regarding marijuana cultivation, but consistently has taken the position that the Zoning Code prohibits all medical marijuana businesses, either expressly under Chapter 5-13 or under permissive zoning principles. The proposed ordinance will continue that policy and consolidate all potential marijuana businesses in express terms as part of the City’s land use regulations (Title 9), thus eliminating any potential argument under AB 243, however meri tless, that the City does not have a land use ordinance regulating marijuana cultivation. This approach will also avoid having multiple references in the Municipal Code to marijuana. The proposed ordinance would expressly prohibit medical marijuana cultivation facilities throughout all zones of the City. The proposed definition of medical marijuana cultivation facilities includes cultivation by individuals at their private residences. The Court of Appeal in Maral v. City of Live Oak (2012) 221 Cal.App.4th 975, upheld an identical complete ban on cultivation activities. The City, of course, has discretion to create exceptions to the definition as deemed appropriate. FISCAL IMPACT: The proposed ordinance represents a continuation of existing enforcement policies regarding medical marijuana facilities, so there would be no change in the fiscal impact for the City. ITEM NUMBER: B-1 DATE: 01/12/16 ALTERNATIVES: 1. Continue the item with specific direction for staff to return with additional information or alternative solutions. If this alternative is chosen, a date specific should be determined because the City Council must take action on this item in time for the Ordinance to be in place by March 1, 2016. The Council is currently scheduled to take action on the second reading of this ordinance at the January 26 meeting which would allow the ordinance to be in effect 30 days later or February 26, 2016, just in time to meet the deadline. There is a chance that the state legislature may make an amendment to the assembly bill to extend the March 1 deadline, however there is no guarantee this will occur. 2. Take no action. This would allow the state to act as the sole licensing authority to allow Medical Marijuana facilities as identified in AB 243. 3. Recommend the Council consider an ordinance that provides for alternative provisions such as allowing deliveries by persons other than a qualified caregiver or to allow some prescriptive level of personal cultivation. This alternative is not recommended because the City does not have sufficient staffing and oversight to regulate individual or personal cultivation activities and such activities tend to exceed the intended limitations and may lead to substantial neighborhood nuisances. As proposed the ordinance would allow the City additional authority to enforce medical marijuana facilities when they become a nuisance or neighborhood impact. ATTACHMENTS: 1. Draft Ordinance ITEM NUMBER: B-1 DATE: 01/12/16 Attachment 1 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA REPEALING CHAPTER 5-13 REGARDING MEDICAL MARIJUANA FACILITIES AND ADDING SECTION 9-6.186 TO TITLE 9 OF THE ATASCADERO MUNICIPAL CODE PROHIBITING MARIJUANA CULTIVATION FACILITIES, MARIJUANA DISPENSARIES, COMMERCIAL CANNABIS ACTIVITIES, AND MEDICAL MARIJUANA DELIVERIES WHEREAS, Atascadero Municipal Code Chapter 5-13 addresses medical marijuana facilities and deliveries in the city; and, WHEREAS, Municipal Code section 5-13.103 prohibits medical marijuana facilities in all zoning districts and prohibits the delivery of medical marijuana to any person within the City limits, except for the delivery of medical marijuana by a primary caregiver to a qualified patient; and WHEREAS, the California Supreme Court ruled unanimously in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, that the Compassionate Use Act (Proposition 215) (“CUA”) and the Medical Marijuana Program Act of 2004 (“MMPA”), do not preempt local ordinances that completely and permanently ban medical marijuana facilities; and, WHEREAS, in Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, the Third District Court of Appeal held, based on Inland Empire, that there was no right to cultivate medical marijuana and that a city could implement and enforce a complete ban on this activity; and, WHEREAS, on September 11, 2015, the California Legislature passed Assembly Bills 243 and 266 and Senate Bill 643, which together create a broad state regulatory and licensing system governing the cultivation, testing, and distribution of medical marijuana, the manufacturing of marijuana products, and physician recommendations for medical marijuana, including the Medical Marijuana Regulation and Safety Act at Business and Professions Code sections 19300 through 19360; and, WHEREAS, Governor Brown signed each bill on October 9, 2015; and, WHEREAS, while the new legislation expressly preserves local control over medical marijuana facilities and land uses, including the authority to prohibit medical marijuana businesses completely, newly-enacted Business and Professions Code section 11362.777(c)(4) if a city does ITEM NUMBER: B-1 DATE: 01/12/16 not have a land use regulation or ordinance either regulating or prohibiting marijuana cultivation, either expressly or otherwise under the principles of permissive zoning, by March 1, 2016, the State will be sole licensing authority for the commercial cultivation of medical marijuana in that jurisdiction; and, WHEREAS, while the Municipal Code does not have express provisions regarding establishments that cultivate medical marijuana, such land uses are prohibited under principles of permissive zoning because they are not enumerated in the zoning code as either permitted or conditionally permitted land uses (see City of Corona v. Naulls (2008) 166 Cal.App.4th 418, 431-433); and, WHEREAS, many California cities have experienced numerous adverse impacts and secondary effects from medical marijuana establishments that have operated illegally, including medical marijuana dispensaries and cultivation sites; and, WHEREAS, such adverse impacts have included hazardous construction and electrical wiring, noxious odors and fumes affecting neighboring properties and businesses, and increased crime in and around marijuana land uses, including burglaries, robberies, assaults, murders, and illegal diversion of marijuana to minors; and, WHEREAS, there is significant evidence that medical marijuana delivery services are also targets of violent crime and pose a danger to the public; and, WHEREAS, a California Police Chiefs Association compilation of police reports, news stories, and statistical research regarding crimes involving medical marijuana businesses and their secondary impacts on the community is contained in a 2009 white paper report which is attached to the staff report presented to the City Council with this ordinance and on file with the City Clerk; and WHEREAS, news stories regarding adverse impacts of medical marijuana business, including cultivation sites and delivery services, are attached to the staff report presented to the City Council with this ordinance and on file with the City Clerk; and WHEREAS, it is reasonable to conclude that medical marijuana establishments and delivery services would cause similar adverse impacts on the public health, safety, and welfare in Atascadero; and WHEREAS, the City Council has determined that the City’s marijuana regulations should be consolidated within Title 9 of the Municipal Code (Planning and Zoning) and should include express provisions regarding marijuana cultivation in order to avoid a piecemeal regulatory approach in which certain activities are prohibited expressly while others are prohibited impliedly under permissive zoning principles; and WHEREAS, in order to protect the public health, safety, and welfare, the City Council desires to repeal Chapter 5.13 regarding medical marijuana facilities and add Section 9-6.186 to Title 9 ITEM NUMBER: B-1 DATE: 01/12/16 of the Atascadero Municipal Code prohibiting marijuana cultivation facilities, marijuana dispensaries, commercial cannabis activities, and medical marijuana deliveries. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS: SECTION ONE. Findings. The City Council hereby incorporates the foregoing recitals and findings. SECTION TWO. Repeal. The City Council hereby repeals Municipal Code Chapter 5-13. SECTION THREE. Adoption. The City Council of the City of Atascadero hereby adds Section 9-6.186 of Title 9 of the Municipal Code as follows: 9-6.186 Medical Marijuana Facilities. (a) Purpose. The purpose and intent of this section is to prohibit marijuana cultivation facilities, medical marijuana dispensaries, medical marijuana deliveries, and commercial cannabis activities, as defined below, within the city limits. It is recognized that it is a Federal violation under the Controlled Substances Act to possess or distribute marijuana even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with marijuana cultivation facilities and medical marijuana dispensaries and in connection with medical marijuana deliveries, which is contrary to policies that are intended to promote and maintain the public’s health, safety, and welfare. (b) Definitions. (1) “Commercial cannabis activity” shall have the meaning set forth in Business and Professions Code section 19300.5(k). (2) “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. (3) "Establish" or "operate" a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity (as defined in this section) means and includes any of the following: a. The opening or commencement of the operation of a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity; b. The conversion of an existing business, facility, use, establishment, property, or location to a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity; c. The addition of a marijuana cultivation facility, medical marijuana dispensary, ITEM NUMBER: B-1 DATE: 01/12/16 or commercial cannabis activity to any other existing business, facility, use, establishment, property, or location. (4) "Marijuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in foodstuff, and concentrated cannabis and the separated resin, whether crude or petrified, obtained from marijuana. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination. (5) "Medical marijuana" is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code § 11362.7. (6) “Marijuana cultivation facility” means any business, facility, use, establishment, property, or location where the cultivation of marijuana occurs. (7) "Medical marijuana dispensary" means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medical marijuana is sold, made available to, delivered to and/or distributed by or to three or more of people. "Medical marijuana dispensary" shall include the definition of “dispensary” set forth in Business and Professions Code section 19300.5(n). A "medical marijuana dispensary" does not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code § 11362.5 and following. (c) Medical marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries prohibited. (1) Medical marijuana dispensaries are prohibited in all zones in the city and shall not be established or operated anywhere in the city. ITEM NUMBER: B-1 DATE: 01/12/16 (2) Marijuana cultivation facilities are prohibited in all zones in the city and shall not be established or operated anywhere in the city. (3) Commercial cannabis activities are prohibited in all zones in the city and shall not be established or operated anywhere in the city. (4) No person may own, establish, open, operate, conduct, or manage a medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity in the city, or be the lessor of property where a medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity in the city. (5) No use permit, site development permit, tentative map, parcel map, variance, grading permit, building permit, building plans, zone change, business license, certificate of occupancy or other applicable approval will be accepted, approved or issued for the establishment or operation of a medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity. (6) No person and/or entity may deliver or transport medical marijuana from any fixed or mobile location, either inside or outside the city, to any person in the city, except that a person may deliver or transport medical marijuana to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code section 11362.7, for whom he or she is the primary caregiver within the meaning of Health and Safety Code sections 11362.5 and 11362.7(d). (7) Nothing contained in this section shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law. (d) Enforcement. The city may enforce this section in any manner permitted by law. The violation of this section shall be and is hereby declared to be a p ublic nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. SECTION FOUR. CEQA. This Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. SECTION FIVE. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any ITEM NUMBER: B-1 DATE: 01/12/16 court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION SIX. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, must be published twice: at least five (5) 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 copy of the full text of this ordinance must be on file in the City Clerk’s Office on and after the date following introduction and passage and must be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on _____________, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on ____________, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF ATASCADERO _____________________________ _________________________ Marcia McClure Torgerson, C.M.C., Tom O’Malley, Mayor City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: C-1 DATE: 01/12/16 Atascadero City Council Staff Report - Public Works Department Fiscal Year 2015 Annual Road Report RECOMMENDATIONS: The Citizens’ Sales Tax Oversight Committee recommends Council: 1. Approve the Fiscal Year 2015 Annual Road Report; and, 2. Approve the Fiscal Year 2015 Community Road Report. DISCUSSION: 2015 Annual Road Report On July 8, 2014, the Atascadero City Council adopted Ordinance No. 581, imposing a transactions and use tax. This Ordinance became operative when the majority of Atascadero voters approved it in November 2014. Among other items, the Ordinance outlines annual reporting requirements related to the additional half cent sales tax. Section 15 of the Ordinance requires the preparation of an Annual Road Report by the City to the Citizens’ Sales Tax Oversight Committee (CSTOC) for review. Section 15 of Ordinance No. 581 reads as follows: Section 15. ANNUAL ROAD REPORT. An Annual Road Report shall be prepared by the City no later than the last day of the sixth month following the end of each City fiscal year. The Report shall be submitted to the Citizens’ Oversight Committee for review. The Committee will submit their findings and conclusions to the City Council. The Report will also be made available to the public. The Annual Road Report shall detail the prior fiscal year’s activities related to the retail transaction and use tax. The Report shall include revenues ge nerated by the Transaction and Use Tax, expenditures (in summary form), funds carried over from previous fiscal years, and any remaining funds to be carried over for expenditure in subsequent fiscal years. In accordance with the Ordinance, the attached 2015 Annual Road Report was reviewed and approved by the CSTOC at their December 14, 2015 meeting. The ITEM NUMBER: C-1 DATE: 01/12/16 CSTOC recommends approval of the report by the City Council. CSTOC members are anticipated to be present during the City Council meeting and are available to comment. 2015 Community Road Report City staff created a Community Road Report (CRR) brochure that summarizes the F-14 Sales Tax Measure and background on how the City is proceeding with implementing the Measure. This brochure/handout is designed to complement the Annual Road Report. A summary of roadway repairs made for the reporting period, as well as programmed work for the following year, is included in the CRR. Financials from the Annual Road Report are also summarized in the CRR. The CRR is recommended to be distributed via US mail to all properties in the City. The brochure will also be made available at City Hall and on the City’s website. The CSTOC also reviewed and endorsed the attached 2015 Community Road Report at their December meeting. FISCAL IMPACT: Distribution of the 2015 Community Road Report is estimated to cost approximately $3,500 in budgeted General Funds. ATTACHMENTS: 1. Fiscal Year 2015 Annual Road Report 2. 2015 Community Road Report City of Atascadero Citizens’ Sales Tax Oversight Committee Annual Road Report Fiscal Year 2014-2015 ITEM NUMBER: C-1 DATE: 01/12/16 ATTACHMENT: 1 i City of Atascadero ELECTED OFFICIALS Tom O’Malley, Mayor Heather Moreno, Mayor Pro Tempore Bob Kelley, Council Member Roberta Fonzi, Council Member Brian Sturtevant, Council Member Marcia McClure Torgerson, City Clerk Gere W. Sibbach, City Treasurer CITIZENS’ SALES TAX OVERSIGHT COMMITTEE MEMBERS Bill Hatch, Atascadero Kiwanis, Chairperson Grenda Ernst, Friends of the Atascadero Library Andrea Greenaway, Atascadero Veterans Memorial Foundation Kathe Hustace, Atascadero Association of Realtors Robert “Grigger” Jones, Atascadero Chamber of Commerce Jerry Martin, Moose Lodge #2067 Carol Simonin, Quota International Chuck Ward, At-Large Michael Shaw, At-Large ITEM NUMBER: C-1 DATE: 01/12/16 ATTACHMENT: 1 Measure F-14 Sales Tax Projects Fund* Executive Summary………………………………………………………………………………………………….1 Financial Statements………………………………………………………………………………3 Certification of Citizens' Sales Tax Oversight Committee Chairperson………………………………4 Balance Sheet…………………………………………………………………………………………...…………………………..5 Statement of Revenues, Expenses, and Changes in Fund Balance………………………………………………...……...………………………………………..6 Revenue Summary………………………...…………………………………………………………………………………………7 Honda Avenue Pavement Project Information………………………………………………..8 Alamo Avenue Pavement Project Information………………………………………………..9 *This fund is a sub-account of the General Fund and will be included with the General Fund audited financial statements. CITY OF ATASCADERO TABLE OF CONTENTS June 30, 2015 ii ITEM NUMBER: C-1 DATE: 01/12/16 ATTACHMENT: 1 1 Executive Summary Revenues In November 2014, Atascadero voters approved Sales Tax Measure F-14, increasing the City sales tax rate by 0.5% from 7.5% to 8%. The additional half percent sales tax revenue is the subject of this Annual Report. Retailers within the City limits of Atascadero began collecting the approved 8% sales tax on April 1, 2015. These retailers are required to submit sales tax revenues directly to the State of California Board of Equalization (BOE) on a monthly, quarterly, or annual reporting basis (as determined by the State). After the State BOE has processed the payments and reports from the Retailers, the State BOE remits payment to the City. The City generally receives these payments from the State BOE about 60 days after the end of the month in which the sales took place. Although the flow of the cash does take extra time to get to the City’s account, the sales tax revenue is counted in the period when the sales took place. For example, the City received the first sales tax payment, $106,353.97, from the State BOE in late June for the sales that took place during the month of April. The City counts that as April revenue, although it was received much later. The total Measure F-14 Sales Tax Revenue that was earned for the period April 2015 – June 2015 was $472,278. Expenditures Likewise, the process on the expenditure side is also extensive. Expenditures for repairing and maintaining neighborhood roads and other roadways involve a process designed to provide transparency and fairness. Road determinations are made after analyzing the Pavement Condition Report to determine the roads with the highest needs and the associated type of rehabilitation/maintenance necessary. The projects are designed and then advertised for construction to local contractors and in plan rooms throughout California for a 30 day period. Bids are opened and the contract is awarded to the lowest responsive bidder. Contracts are approved by Council, if necessary, per the City’s purchasing policy. The contracts are then signed and bonds and insurance provided by the Contractor. Construction begins and City staff provides project inspection and oversight. Once the project is ready to go to bid, it is approximately 60 to 90 days before construction may begin. ITEM NUMBER: C-1 DATE: 01/12/16 ATTACHMENT: 1 2 Executive Summary (continued) Expenditures (continued) As a result, $6,575 was spent on projects during the 2014-2015 fiscal year, which included pre- construction costs for both the Honda Avenue and Alamo Avenue projects. These projects were begun in fiscal year 2014-2015 and completed in fiscal year 2015-2016. During the spring and summer of 2015, rehabilitation projects on Alamo Avenue and Honda Avenue were designed, bid and constructed with Measure F-14 funding. These two roadway segments were chosen as projects to begin roadway repairs as soon as possible after the City began collecting the new sales tax on April 1, 2015. Work on Alamo Avenue between Rosario and Barrenda Avenues included milling the roadway edges and overlaying the full street width with a new 2” layer of asphalt concrete. Prior to this project, the Pavement Condition Index (PCI) of Alamo was 16, and the roadway was severely weathered and distressed. This section of Alamo Avenue was considered a candidate for rehabilitation at this time due to the expected effectiveness of using a moderately priced treatment method to significantly improve PCI. Pavement rehabilitation of Alamo Avenue is expected to extend the life of the roadway pavement by 12 years. Michael Frederick Paving, Inc. of Atascadero was the selected contractor. Work on Honda Avenue between Barrenda Avenue and Traffic Way included milling and overlaying the full street width with a new 2” layer of asphalt concrete. Prior to this project, the Pavement Condition Index (PCI) of Honda was 62, and the roadway was moderately weathered and distressed. This section of Honda Avenue was considered a candidate for rehabilitation at this time since the PCI was nearing a “break point”, below which a more expensive treatment method would likely have become necessary. Pavement rehabilitation of Honda Avenue is expected to extend the life of the roadway pavement by 15 years. Souza Construction, Inc. of San Luis Obispo was the selected contractor. Although construction did not take place until July and August, (fiscal year 2015/2016), there is always up-front time and effort spent before any construction starts in testing, engineering design, preparation of construction plans and specifications, project bidding, and contract award. This preconstruction work was completed for both Alamo and Honda projects prior to the end of Fiscal Year 2014/2015. Fund Balance The amount of $465,960 remained in the Measure F-14 Sales Tax Projects Fund at the end of the fiscal year and will carry forward to the 2015-2016 fiscal year. ITEM NUMBER: C-1 DATE: 01/12/16 ATTACHMENT: 1 CITY OF ATASCADERO MEASURE F-14 SALES TAX PROJECTS FUND* FINANCIAL STATEMENTS (Unaudited) June 30, 2015 *This fund is a sub-account of the General Fund and will be included with the General Fund audited financial statements. 3 ITEM NUMBER: C-1 DATE: 01/12/16 ATTACHMENT: 1 ITEM NUMBER: C-1 DATE: 01/12/16 ATTACHMENT: 1 2015 ASSETS Cash and investments 99,994$ Receivables: Due from State of California 365,923 Interest receivable 43 Total assets 465,960 FUND BALANCE Fund balance: Restricted 465,960 Total fund balance 465,960$ *This fund is a sub-account of the General Fund and will be included with the General Fund audited financial statements. CITY OF ATASCADERO BALANCE SHEET (Unaudited) MEASURE F-14 SALES TAX PROJECTS FUND* June 30, 2015 5 ITEM NUMBER: C-1 DATE: 01/12/16 ATTACHMENT: 1 2015 Revenues: Sales tax 472,278$ Interest 257 Total revenues 472,535 Expenditures: Capital Outlay: Honda Avenue 3,287 Alamo Avenue 3,288 Total expenditures 6,575 465,960 465,960 Fund balance - June 30, 2014 - Fund balance - June 30, 2015 465,960$ *This fund is a sub-account of the General Fund and will be included with the General Fund audited financial statements. Excess of revenues over expenditures Net change in fund balance MEASURE F-14 SALES TAX PROJECTS FUND* CITY OF ATASCADERO For the Fiscal Year Ended June 30, 2015 STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND BALANCE (Unaudited) 6 ITEM NUMBER: C-1 DATE: 01/12/16 ATTACHMENT: 1 Sales Check Check Month Date Amount April 2015 6/25/2015 106,353.97$ May 2015 7/15/2015 106,300.00 June 2015 8/19/2015 141,700.00 Quarterly True-Up 9/24/2015 117,923.61 Total Revenue 472,277.58$ Measure F-14 Sales Tax Revenue Summary 7 ITEM NUMBER: C-1 DATE: 01/12/16 ATTACHMENT: 1 Check Vendor Invoice Total Invoice Date Vendor Phase Date Amount Fiscal Year 2014-15 05/29/15 Pavement Engineering, Inc.pse 4/15/2015 2,630.00$ 06/12/15 Pavement Engineering, Inc.pse 6/3/2015 657.50 Total Fiscal Year 2014-2015 3,287.50 Alamo Avenue Pavement Project 101.890.0000.8301513 8 ITEM NUMBER: C-1 DATE: 01/12/16 ATTACHMENT: 1 Check Vendor Invoice Total Invoice Date Vendor Phase Date Amount Fiscal Year 2014-15 05/29/15 Pavement Engineering, Inc.pse 4/15/2015 2,630.00$ 06/12/15 Pavement Engineering, Inc.pse 6/3/2015 657.50 Total Fiscal Year 2014-2015 3,287.50 Honda Avenue Pavement Project 101.890.0000.8301514 9 ITEM NUMBER: C-1 DATE: 01/12/16 ATTACHMENT: 1 The City of Atascadero owns and maintains approximately 140 centerline miles of public roadways. This extensive system is the backbone of housing, commerce and recreation within the community and its repair and maintenance is a top priority. In order to compare all roads within a syst em, each roadway is inspected and a Pavemen t Condition Inde x (PCI) numbe r is as signed . The overall PCI rating of Atascadero’s roadway system is poor; only 47 on a 100 point scale. With a current replacement value of $263 million, developing a pavement management strategy to provide the lowest life cycle cost over time and save the City funds in the long run was vital. In order to accomplish this, the City has implemented a “Critical Point Management” methodology. This methodolog y selects roadways which can have their useful life extended the longest with cost effective maintenance and less expensive repairs. The longer a road can be kept in good condition, the lower the overall cost of its treatments. In many ways the Critical Point Management method is similar to how you would maintain your car. By focusing on relatively inexpensive routine maintenance and repairs at key times, you can avoid expensive repair bills and breakdowns in the future. When pavement conditions deteriorate, the cost to fix roadways increases substantially. Replacement of a failed street can cost 30-40 times the amount required to maintain a road in good condition! While it is e a s y to te ll w hen driv ing on a r o ad that the surface has dete riorated, determ ining the cau se and e xte nt of the damage is important when looking for the m os t e ffectiv e way to f ix the problem. A good pavement management system seeks to use the right trea t ment , at the right locatio n at the right time. Below is an example of the typical life curve of a paved roa d . The c urrent cumulative PCI of all City maintained roads is 47. Through cost-effective maintenance and rehabilitation, the overall PCI can be improved. In 2014, Atascadero voters approved a ballot measure (F-14) which authorized the City to increase its sales tax rate by ½ percent for a term of 12 years, together with a measure (E-14) advising that the funds be primarily utilized for maintaining and repairing neighborhood roads. While the City will continue to mainta in a nd i mprov e A rte ria l roadw a ys, funds a pprov ed un d e r Measure F-14 are specifically ear marked for the improvements of neighborhood roads. T he measure becam e effective April 1, 2015, and includes a nine member C i tizen Over sig ht Committee ta ske d wit h reviewing revenue s and e xpendi t ures, and t he annual road re por t. Optimizing the use of the funds is a prio rity of t he City. Pavement work in 2016 w ill include a mix o f maintenance & rehabilitatio n pro jects designed to p reser ve g o o d p a v emen t c o ndi t i o n s f o r entire roadway segments. Maintenance work will include strategically-timed treatments to pavement surfaces, such as seal coats and slurry seals, which go beyond the routine potholing and patching already performed by City staff. 2016 Maintenance $223,780 .00 Arena Rd. between San Benito Rd. and San Ans elm o Rd . Arena Rd. between San Anselmo Rd. and Yerba Ave. Castano Ave. between Curbaril Ave. and Palomar Ave. San Vicente Ave. between San Jacinto Ave. and North End Yerba Ave. between Estr ada Ave. and Dolores Ave. 2016 Rehabilitation $1,536,850.00 . . Condition PCI Range % Of City Roads Excellent 90-100 8% Good 70-89 9% Fair 50-69 28% Poor 25-49 39% Failed 0-24 16% W h a t T o Exp e c t I n 201 6Atascadero’s Current Road Conditions PAVEMENT MANAGEMENT OVERVIEW MEASURE F-14 BACKGROUND and San Marcos Rd. Cascabel Rd. between North End and Santa Lucia Rd. San Andres Ave. between Santa Lucia Rd. and San Marcos Rd. San Clemente Ave. between Por tola Rd. and San Marcos East Valle Ave. between Curbaril Ave. and Palomar Ave. Los Gatos Rd. between Santa Lucia Rd To view a detailed 2016 project schedule and 5 year project plan visit: www.atascadero.org/measure-f14 oredacsatA fo ytiCeunevA amlaP 005622439 AC oredacsatA 201 5 Co mmu n ity R oads Re po r t - *Construction occurred after June 30, 2015 C i t y o f A tasc a d e r o M E A SUR E F-1 4 SALES TAX PROJECTS FUND For the Fiscal Year Ended June 30, 2015 Revenues: Sa l es Tax $ 472,278 Interest 257 To tal Revenues 472, 535 E xpendit ures: Ca pital Outlay Honda Avenue * 3,287 Alamo Avenue * 3,286 Total Ex p enditures 6,575 E xcess of revenues o ver expendit ure 465,960 Fund Balance - June 30, 2014 Fund Balance - June 30, 2015 $ 465,960 F I NA NCIA L S TATEM ENT C OMP LET E D P RO J ECT S A LAMO AVENUE H ONDA A VENUE Work on Alamo Avenue between Rosario and Barrenda Avenues included milling the roadway edges and overlaying the full street width with a new 2” layer of asphalt concrete. Prior to this project, the Pavement Condition Index (PCI) of Alamo was 16, and the roadway was severely weathered and distressed. This section of Alamo Avenue was considered a candidate for rehabilitation at this time due to the expected effectiveness of using a moderately priced treatment method to significantly improve PCI. Pavement rehabilitation of Alamo Avenue is expected to extend the life of the roadway pavement by up to 12 years. Work on Honda Avenue between Barrenda Avenue and Traffic Way included milling and overlaying the full street width with a new 2” layer of asphalt concrete. Prior to this project, the Pavement Condition Index (PCI) of Alamo was 62, and the roadway was moderately weathered and distressed. This section of Honda Avenue was considered a candidate for rehabilitation at this time since the PCI was nearing a “break point”, below which a more expensive treatment method would likely have become necessary. Pavement rehabilitation of Alamo Avenue is expected to extend the life of the roadway pavement by up to 15 years.