HomeMy WebLinkAboutCC_2016-10-25_AgendaPacket
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, October 25, 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
b. Conference with Legal Counsel – Existing Litigation
Paragraph (1) of subdivision (d) of Government Code Section 54956.9
California PUC Applications of Pacific Gas and Electric Nos. 15-09-001
and 16-08-006
City Council Closed Session: 5:00 P.M.
Successor Agency to the Community
Redevelopment Agency of Atascadero
Special Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Page 1
4. CLOSED SESSION – ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Moreno
ROLL CALL: Mayor O’Malley
Mayor Pro Tem Moreno
Council Member Fonzi
Council Member Kelley
Council Member Sturtevant
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this agenda, and the
titles of the ordinances will be read aloud by the City Clerk at the first reading,
after the motion and before the City Council votes.
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 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 – October 11, 2016
Recommendation: Council approve the City Council Draft Action Minutes
of the October 11, 2016 City Council meeting. [City Clerk]
Page 2
2. September 2016 Accounts Payable and Payroll
Fiscal Impact: $2,922,822.38
Recommendation: Council approve certified accounts payable, payroll and
payroll vendor checks for September 2016. [Administrative Services]
3. Measure F-14 Fiscal Year 2016/2017 Pavement Rehabilitation P roject –
Professional Engineering Service Contract
Fiscal Impact: This action will result in the expenditure of up to $85,550 in
budgeted Sales Tax Measure F-14 funds.
Recommendation: Council authorize the City Manager to execute a
contract with Pavement Engineering, Inc. to provide professional
engineering services for the Measure F-14 Fiscal Year 2016/2017
Pavement Rehabilitation Project, for an amount not to exceed $85,550.
[Public Works]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. Comments made during Community Forum
will not be a subject of discussion. A maximum of 30 minutes will be allowed for
Community Forum, unless changed by the Council. Any members of the public who
have questions or need information may contact the City Clerk’s Office, between the
hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or cityclerk@atascadero.org)
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
1. Development of the City of Atascadero’s Local Area Management
Program (LAMP)
Fiscal Impact: Development of a LAMP is not funded in the current
budget cycle and is expected to cost in the range of $40,000 to $50,000.
Recommendations: Council:
1. Direct staff to pursue the development of a City Local Area
Management Plan (LAMP) and contract services with a qualified
professional consultant to assist with this effort.
2. Authorize the Administrative Services Director to amend the current
Budget by appropriating $50,000 from the General Fund Reserves to
cover the costs in developing a City LAMP. [Public Works]
Page 3
2. Proposition 64 – The Control, Regulate, and Tax Adult Use of Marijuana
Act
Fiscal Impact: None.
Recommendation: Council receive and file report on Proposition 64, The
Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA”).
[City Attorney]
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Counc il 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. SLO Council of Governments (SLOCOG)
4. 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
5. Integrated Waste Management Authority (IWMA)
Council Member Sturtevant
1. City / Schools Committee
2. League of California Cities – Council Liaison
Page 4
I, Lara K. Christensen, Assistant City Clerk of the City of Atascadero, declare under the penalty of
perjury that the foregoing agenda for the October 25, 2016 Regular Session of the Atascadero City
Council was posted on October 18, 2016, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero,
CA 93422 and was available for public review at that location.
Signed this 18th day of October, 2016, at Atascadero, California.
Lara K. Christensen, Assistant City Clerk
City of Atascadero
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURN
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.
Page 5
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 meeting will
reflect these numbers. All documents submitted by the public during Council meetings th at 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 busi ness 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 before the meeting begins to announce your presence
and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open 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 comments will be
heard by the Council.
Page 6
ITEM NUMBER: A-1
DATE: 10/25/16
Atascadero City Council
October 11, 2016
Page 1 of 6
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, October 11, 2016
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
City Council Closed Session: 5:00 P.M.
Successor Agency to the Community
Redevelopment Agency of Atascadero
Special Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Page 7
ITEM NUMBER: A-1
DATE: 10/25/16
Atascadero City Council
October 11, 2016
Page 2 of 6
Employee Organizations: Atascadero Firefighters Bargaining Unit
4. CLOSED SESSION – ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
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 6:00 p.m. and asked Fire Engineer Paul
Netts to lead the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Fonzi, Sturtevant, Mayor Pro Tem Moreno, and
Mayor O’Malley
Absent: Council Member Kelley
Others Present: City Clerk Marcia McClure Torgerson
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, Interim
Fire Chief Mike Hubert, City Attorney Brian Pierik, Deputy City
Manager Terrie Banish, and Deputy City Manager Lara
Christensen.
APPROVAL OF AGENDA:
MOTION: By Council Member Sturtevant and seconded by Council
member Fonzi to:
1. Approve this agenda; and,
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud
by the City Clerk at the first reading, after the motion and
before the City Council votes.
Motion passed 4:0 by a roll-call vote.
Page 8
ITEM NUMBER: A-1
DATE: 10/25/16
Atascadero City Council
October 11, 2016
Page 3 of 6
PRESENTATIONS:
1. Proclamation Recognizing October 9 – 15, 2016, as Fire Prevention
Week
The City Council presented the Proclamation to Interim Fire Chief Hubert and several
Fire personnel.
2. Proclamation Recognizing October as Domestic Violence Prevention
Month
The City Council presented the Proclamation to RISE Board President Susan Poteet,
and RISE Board Vice President Charles Bourbeau.
3. Commendation to the Atascadero Parents for Joy
The City Council presented the Commendation to Geoff Auslen, Alisa Holder, and
Antonia Martin.
4. Native Landscape Presentation – Madrone Landscapes
Rick Mathews and Daniel Mazala shared a Presentation regarding the proposed
Pavilion Native Garden.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – September 27, 2016
Recommendation: Council approve the City Council Draft Action Minutes
of the September 27, 2016 City Council meeting. [City Clerk]
2. Title 9 Planning and Zoning Text Amendments – Sign Ordinance - PLN
2016-1608
Fiscal Impact: The proposed sign ordinance amendments will not have an
impact on revenues, however, continuation of the reduction in building
permit sign fees and AUP fees will reduce permitting revenues and
increase staff workloads. This is off-set by the long term financial benefit
of improving the commercial district and making it more competitive with
surrounding communities is expected to result in a long term financial
benefit to the City.
Recommendation: City Council adopt on second reading, by title only,
Draft Ordinance A, amending Title 9 of the Atascadero Municipal Code by
approving PLN 2016-1608/ZCH 2016-0182 Zoning Ordinance Code Text
Amendments. [Community Development]
Page 9
ITEM NUMBER: A-1
DATE: 10/25/16
Atascadero City Council
October 11, 2016
Page 4 of 6
3. Memorandums of Understanding for Service Employees International
Union Local 620, Mid-Management/Professional Employees Association,
and Resolution for Non-Represented Professional and Management
Workers and Confidential Employees
Fiscal Impact: Changes to the MOUs and Resolution for Non-Represented
Employees will result in additional costs of approximately $120,450
annually and a one-time increase to the leave liability of approximately
$11,900.
Recommendations: Council:
1. Approve the Memorandums of Understanding Service Employees
International Union Local 620 for, Mid-Management/Professional
Employees Association; and
2. Adopt the Draft Resolution for Non-Represented Professional and
Management Workers and Confidential Employees; and
3. Approve the Salary Schedule for Fiscal Year 2016-2017. [City
Manager]
Mayor O’Malley pulled Item #A-2 for clarification.
MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem
Moreno to approve #A-1 & #A-3 of the Consent Calendar.
Motion passed 4:0 by a roll-call vote. (#A-3.1: SEIU-Contract
No. 2016-022, Mid-Management/Professional-Contract No.
2016-023, #A-3.2: Resolution No. 2016-077)
Item #A-2: Mayor O’Malley asked staff to clarify for the Council the section of this
Ordinance regarding murals. Community Development Director Dunsmore replied.
MOTION: By Mayor O’Malley and seconded by Mayor Pro Tem Moreno to
approve #A-2 of the Consent Calendar.
Motion passed 4:0 by a roll-call vote. (Ordinance No. 604)
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
She also stated that thirty-one City staff members and Mayor Pro Tem Moreno attended
EMI training (Emergency Management Institute) in Maryland, thanks to a generous
FEMA Safety Training Grant. In addition to our City staff members, we included thirty-
nine team members from a cross section of our partner agencies, such as the City of
Paso Robles, the City of Morro Bay, the City of San Luis Obispo, Templeton Community
Services District, Atascadero State Hospital, Atascadero Chamber of Commerce,
Atascadero Unified School District, County Office of Education, Atascadero Mutual
Water Company, PG&E, Southern Pacific Railroad, Cal Fire, The Red Cross, and
several from the San Luis Obispo County offices.
Page 10
ITEM NUMBER: A-1
DATE: 10/25/16
Atascadero City Council
October 11, 2016
Page 5 of 6
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Ashley Lightfoot.
Mayor O’Malley closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
1. Strategic Planning 2015-2017 - Update of Council Goals and Action Plan
Fiscal Impact: None.
Recommendations: Council:
1. Provide feedback or additional direction, if necessary; and
2. Receive and file this report on the progress being made relative to the
City Council’s goals. [City Manager]
City Manager Rachelle Rickard gave the staff report and answered questions from the
Council.
Community Development Department Director Phil Dunsmore also shared additional
information with the Council, including two handouts; City of Atascadero Zoning
Handbook (Exhibit A), and Atascadero Sign Handbook (Exhibit B).
Public Works Director Nick DeBar also offered additional information for Council.
Police Chief Jerel Haley also offered additional information for Council.
Mayor O’Malley asked the City Manager to respond to
Council Member Fonzi’s concerns at the next Council meeting.
PUBLIC COMMENT:
The following citizens spoke on this item: Dustin Reilich.
Mayor O’Malley closed the Public Comment period.
Mayor O’Malley asked the City Manager to check in with the citizens
that had concerns with PACE and return to a future Council meeting
with an update.
The City Council gave input to staff and received and filed this report.
Page 11
ITEM NUMBER: A-1
DATE: 10/25/16
Atascadero City Council
October 11, 2016
Page 6 of 6
COUNCIL ANNOUNCEMENTS AND REPORTS:
The City Council Members made brief announcements.
D. COMMITTEE REPORTS:
The following Council Members gave brief update reports on their committees since
their last Council meeting:
Mayor O’Malley
1. County Mayors Round Table – meeting on Friday.
2. SLO Council of Governments (SLOCOG) – Meeting tomorrow.
Council Member Sturtevant
1. League of California Cities – Council Liaison – Attended the League’s Annual
Conference where they discussed Proposition 64 regarding recreational and
medical Marijuana. Other topics that were discussed are homelessness and
technology transparency.
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURN
Mayor O’Malley adjourned the meeting at 9:03 p.m.
MINUTES PREPARED BY:
______________________________________
Marcia McClure Torgerson, C.M.C.
City Clerk
The following exhibits are available for review in the City Clerk’s office:
Exhibit A – City of Atascadero Zoning Handbook, handout from Director of Community Development
Phil Dunsmore
Exhibit B - Atascadero Sign Handbook, handout from Director of Community Development Phil
Dunsmore
Page 12
ITEM NUMBER: A-2
DATE: 10/25/16
Page 13
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150244 09/02/2016 248.06Accounts Payable CheckACTIVE NETWORK, LLC
150245 09/02/2016 21.75Accounts Payable CheckAT&T
150246 09/02/2016 33.64Accounts Payable CheckAT&T
150247 09/02/2016 2,941.70Accounts Payable CheckATASCADERO NEWS
150248 09/02/2016 47.38Accounts Payable CheckATV, INC.
150249 09/02/2016 35.48Accounts Payable CheckLORI BRICKEY
150250 09/02/2016 380.20Accounts Payable CheckBURT INDUSTRIAL SUPPLY
150251 09/02/2016 250.00Accounts Payable CheckDENT WHISPERER
150252 09/02/2016 28,402.50Accounts Payable CheckDIVERSIFIED PROJECT SERVICES
150253 09/02/2016 11,665.00Accounts Payable CheckEIKHOF DESIGN GROUP, INC.
150254 09/02/2016 4,170.00Accounts Payable CheckFGL ENVIRONMENTAL
150255 09/02/2016 36.88Accounts Payable CheckGAS COMPANY
150256 09/02/2016 13,285.13Accounts Payable CheckHANSEN BRO'S CUSTOM FARMING
150257 09/02/2016 2,733.34Accounts Payable CheckKNECHT'S PLUMBING & HEATING
150258 09/02/2016 1,054.28Accounts Payable CheckLEHIGH HANSON
150259 09/02/2016 192.00Accounts Payable CheckLOS TAMALES POBLANOS
150260 09/02/2016 650.00Accounts Payable CheckMAINLINE UTILITY CO.
150261 09/02/2016 260.00Accounts Payable CheckMEDPOST URGENT CARE-PASO ROBLE
150262 09/02/2016 109.78Accounts Payable CheckMINER'S ACE HARDWARE
150263 09/02/2016 8,250.00Accounts Payable CheckNBS
150264 09/02/2016 280.00Accounts Payable CheckPERFORMANCE SWEEPING, INC.
ITEM NUMBER: A-2
DATE: 10/25/16
Page 14
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150265 09/02/2016 20,115.63Accounts Payable CheckPERRY'S ELECTRIC MOTORS & CTRL
150266 09/02/2016 28.18Accounts Payable CheckPRAXAIR DISTRIBUTION, INC.
150267 09/02/2016 123.90Accounts Payable CheckPROCARE JANITORIAL SUPPLY,INC.
150268 09/02/2016 4,190.01Accounts Payable CheckPROFORCE LAW ENFORCEMENT
150269 09/02/2016 20,015.00Accounts Payable CheckSANCON TECHNOLOGIES, INC.
150270 09/02/2016 2,244.00Accounts Payable CheckSCHNEIDER ELECTRIC USA, INC
150271 09/02/2016 1,555.20Accounts Payable CheckSHI INTERNATIONAL CORP.
150272 09/02/2016 75.00Accounts Payable CheckUNCLE ED'S OUTFITTERS
150273 09/02/2016 14,046.30Accounts Payable CheckVERDIN
150274 09/02/2016 204.53Accounts Payable CheckVERIZON WIRELESS
150275 09/02/2016 6,700.00Accounts Payable CheckWHITLOCK & WEINBERGER TRANS.
150276 09/02/2016 159.86Accounts Payable Check29TONIGHT, CO.
150277 09/02/2016 348.00Accounts Payable CheckACCESS PUBLISHING
150278 09/02/2016 750.00Accounts Payable CheckAGM CALIFORNIA, INC.
150279 09/02/2016 173.00Accounts Payable CheckALLIANT INSURANCE SERVICES INC
150280 09/02/2016 340.00Accounts Payable CheckALTHOUSE & MEADE, INC.
150281 09/02/2016 465.00Accounts Payable CheckAMERICAN PUBLIC WORKS ASSC
150282 09/02/2016 122.95Accounts Payable CheckAMERICAN WEST TIRE & AUTO INC
150283 09/02/2016 170.96Accounts Payable CheckANTECH DIAGNOSTICS
150284 09/02/2016 128.00Accounts Payable CheckKELLY AREBALO
150285 09/02/2016 36.95Accounts Payable CheckAT&T
ITEM NUMBER: A-2
DATE: 10/25/16
Page 15
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150286 09/02/2016 942.78Accounts Payable CheckAT&T
150287 09/02/2016 452.41Accounts Payable CheckATASCADERO HAY & FEED
150288 09/02/2016 387.87Accounts Payable CheckAURORA WORLD, INC.
150289 09/02/2016 387.88Accounts Payable CheckTERRIE BANISH
150290 09/02/2016 224.70Accounts Payable CheckBASSETT'S CRICKET RANCH,INC.
150291 09/02/2016 263.10Accounts Payable CheckBERRY MAN, INC.
150292 09/02/2016 45.00Accounts Payable CheckBUTLER BUSINESS MACHINES
150293 09/02/2016 1,472.50Accounts Payable CheckCA CODE CHECK, INC.
150294 09/02/2016 775.00Accounts Payable CheckCA PARKS & RECREATION
150295 09/02/2016 551.60Accounts Payable CheckCAL-COAST IRRIGATION, INC
150296 09/02/2016 257.52Accounts Payable CheckCALPORTLAND COMPANY
150297 09/02/2016 24.09Accounts Payable CheckKATE CAPELA
150299 09/02/2016 2,937.65Accounts Payable CheckCHARTER COMMUNICATIONS
150300 09/02/2016 867.32Accounts Payable CheckCOAST LINE DISTRIBUTING
150301 09/02/2016 5,280.00Accounts Payable CheckCOASTAL PARK & RECREATION
150302 09/02/2016 30,399.96Accounts Payable CheckCOBAN TECHNOLOGIES, INC.
150303 09/02/2016 125.00Accounts Payable CheckCORELOGIC SOLUTIONS, LLC.
150304 09/02/2016 1,613.52Accounts Payable CheckCROP PRODUCTION SERVICES, INC.
150305 09/02/2016 10.60Accounts Payable CheckCRYSTAL SPRINGS WATER
150306 09/02/2016 300.00Accounts Payable CheckNICHOLAS DEBAR
150307 09/02/2016 777.00Accounts Payable CheckDEPARTMENT OF JUSTICE
ITEM NUMBER: A-2
DATE: 10/25/16
Page 16
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150308 09/02/2016 90.00Accounts Payable CheckDMV RENEWAL
150309 09/02/2016 132.53Accounts Payable CheckDOCUTEAM
150310 09/02/2016 300.00Accounts Payable CheckPHILIP DUNSMORE
150311 09/02/2016 8,270.00Accounts Payable CheckEIKHOF DESIGN GROUP, INC.
150312 09/02/2016 30.99Accounts Payable CheckEL CAMINO CAR WASH
150313 09/02/2016 2,043.00Accounts Payable CheckFENCE FACTORY ATASCADERO
150314 09/02/2016 159.02Accounts Payable CheckFERRELL'S AUTO REPAIR
150315 09/02/2016 325.00Accounts Payable CheckFIRE CHIEFS ASSC OF SLO CO
150316 09/02/2016 15.06Accounts Payable CheckFOOD FOR LESS
150317 09/02/2016 316.55Accounts Payable CheckFRANCHISE TAX BOARD
150318 09/02/2016 4,200.00Accounts Payable CheckFRIENDS OF HEARST CASTLE
150319 09/02/2016 351.80Accounts Payable CheckGAS COMPANY
150320 09/02/2016 120.38Accounts Payable CheckGEM AUTO PARTS
150321 09/02/2016 156.65Accounts Payable CheckGREEN TRADING USA
150322 09/02/2016 146.70Accounts Payable CheckHART IMPRESSIONS PRINTING
150323 09/02/2016 1,346.79Accounts Payable CheckHINDERLITER, DE LLAMAS
150324 09/02/2016 200.00Accounts Payable CheckTOM JAMASON
150325 09/02/2016 1,417.85Accounts Payable CheckK & M INTERNATIONAL
150326 09/02/2016 1,330.00Accounts Payable CheckBRENDAN P. KELSO
150327 09/02/2016 183.54Accounts Payable CheckKID TEES
150328 09/02/2016 2,593.50Accounts Payable CheckKIDZ LOVE SOCCER
ITEM NUMBER: A-2
DATE: 10/25/16
Page 17
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150329 09/02/2016 656.50Accounts Payable CheckKIWANIS CLUB OF ATASCADERO
150330 09/02/2016 949.65Accounts Payable CheckLA ROSAS AUTOMOTIVE
150331 09/02/2016 300.00Accounts Payable CheckCOLETTE LAYTON
150332 09/02/2016 17.58Accounts Payable CheckTYLER LEE
150333 09/02/2016 143.00Accounts Payable CheckANDREW LUERA
150334 09/02/2016 697.00Accounts Payable CheckMADRONE LANDSCAPES, INC.
150335 09/02/2016 41.63Accounts Payable CheckBECKY MAXWELL
150336 09/02/2016 285.00Accounts Payable CheckMEDPOST URGENT CARE-PASO ROBLE
150337 09/02/2016 851.15Accounts Payable CheckMINER'S ACE HARDWARE
150338 09/02/2016 348.32Accounts Payable CheckMISSION UNIFORM SERVICE
150339 09/02/2016 266.01Accounts Payable CheckMOUNTAIN CORPORATION
150340 09/02/2016 192.00Accounts Payable CheckRAYMOND L. MULLIKIN
150341 09/02/2016 79.46Accounts Payable CheckMWI ANIMAL HEALTH
150342 09/02/2016 158.66Accounts Payable CheckNEW TIMES
150343 09/02/2016 655.61Accounts Payable CheckOFFICE DEPOT INC.
150344 09/02/2016 95.44Accounts Payable CheckO'REILLY AUTOMOTIVE, INC.
150345 09/02/2016 43.20Accounts Payable CheckTARA ORLICK
150347 09/02/2016 25,446.56Accounts Payable CheckPACIFIC GAS AND ELECTRIC
150348 09/02/2016 100.00Accounts Payable CheckMARTIN E. PARIS
150349 09/02/2016 160.00Accounts Payable CheckROBIN K. PENDLEY
150350 09/02/2016 215.75Accounts Payable CheckPENGUIN RANDOM HOUSE, LLC
ITEM NUMBER: A-2
DATE: 10/25/16
Page 18
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150351 09/02/2016 197.40Accounts Payable CheckPHILLIPS INTERNATIONAL, INC.
150352 09/02/2016 1,102.50Accounts Payable CheckPLAY-WELL TEKNOLOGIES
150353 09/02/2016 1,092.68Accounts Payable CheckPROCARE JANITORIAL SUPPLY,INC.
150354 09/02/2016 6,666.54Accounts Payable CheckQUINCY ENGINEERING, INC.
150355 09/02/2016 300.00Accounts Payable CheckJERI RANGEL
150356 09/02/2016 500.00Accounts Payable CheckRACHELLE RICKARD
150357 09/02/2016 143.00Accounts Payable CheckCHRISTOPHER R. ROBINSON
150358 09/02/2016 200.00Accounts Payable CheckMARK J. RUSSO
150359 09/02/2016 1,500.00Accounts Payable CheckS. LOMBARDI & ASSOCIATES
150360 09/02/2016 133.69Accounts Payable CheckSANTA MARIA SUN, LLC
150361 09/02/2016 250.00Accounts Payable CheckDENNIS SCHMIDT
150362 09/02/2016 2,000.00Accounts Payable CheckSERVICE SYSTEMS ASSC, INC.
150363 09/02/2016 51.08Accounts Payable CheckTHE SHERWIN-WILLIAMS COMPANY
150364 09/02/2016 17.50Accounts Payable CheckJOHN C. SIEMENS
150365 09/02/2016 56,491.25Accounts Payable CheckSLO COUNTY HEALTH AGENCY
150366 09/02/2016 5,000.00Accounts Payable CheckSLO COUNTY OES-HAZ MAT TEAM
150367 09/02/2016 368.00Accounts Payable CheckSLO COUNTY SHERIFF'S OFFICE
150368 09/02/2016 179.00Accounts Payable CheckRYAN SLOAN
150369 09/02/2016 185.15Accounts Payable CheckSMART AND FINAL
150370 09/02/2016 478.50Accounts Payable CheckMARY P. SMITH
150371 09/02/2016 14.49Accounts Payable CheckRYAN SMITH
ITEM NUMBER: A-2
DATE: 10/25/16
Page 19
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150372 09/02/2016 596.08Accounts Payable CheckSPEAKWRITE, LLC.
150373 09/02/2016 1,101.00Accounts Payable CheckSPECTRUM REACH
150374 09/02/2016 526.82Accounts Payable CheckSTANLEY CONVERGENT SECURITY
150375 09/02/2016 56.36Accounts Payable CheckSUN BADGE COMPANY
150376 09/02/2016 1,999.00Accounts Payable CheckSUNLIGHT JANITORIAL, INC.
150377 09/02/2016 1,259.00Accounts Payable CheckSWANK MOTION PICTURES, INC.
150378 09/02/2016 128.00Accounts Payable CheckAYLA TOMAC
150379 09/02/2016 540.00Accounts Payable CheckTOYSMITH
150380 09/02/2016 222.00Accounts Payable CheckTY, INC.
150381 09/02/2016 5,000.00Accounts Payable CheckU.S. POSTAL SERVICE(CMRS-FP)
150382 09/02/2016 14.00Accounts Payable CheckULTREX BUSINESS PRODUCTS
150383 09/02/2016 1,881.61Accounts Payable CheckUNITED STAFFING ASSC., INC.
150384 09/02/2016 60.00Accounts Payable CheckIWINA M. VAN BEEK
150385 09/02/2016 179.00Accounts Payable CheckRENE VASQUEZ
150386 09/02/2016 1,937.80Accounts Payable CheckVERIZON WIRELESS
150387 09/02/2016 53.63Accounts Payable CheckWARM FUZZY TOYS
150388 09/02/2016 1,679.22Accounts Payable CheckWEST COAST AUTO & TOWING, INC.
150389 09/02/2016 512.92Accounts Payable CheckWILKINS ACTION GRAPHICS
150390 09/02/2016 128.79Accounts Payable CheckBONNIE WILLIAMS
150391 09/02/2016 1,000.00Accounts Payable CheckWULFING'S BACKGROUND & POLYGR
150392 09/08/2016 40.00Payroll Vendor PaymentATASCADERO MID MGRS ORG UNION
ITEM NUMBER: A-2
DATE: 10/25/16
Page 20
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150393 09/08/2016 1,186.25Payroll Vendor PaymentATASCADERO POLICE OFFICERS
150394 09/08/2016 864.25Payroll Vendor PaymentATASCADERO PROF. FIREFIGHTERS
150395 09/08/2016 6,708.50Payroll Vendor PaymentHARTFORD LIFE INSURANCE
150396 09/08/2016 1,011.70Payroll Vendor PaymentNATIONWIDE RETIREMENT SOLUTION
150397 09/08/2016 1,576.28Payroll Vendor PaymentNAVIA BENEFIT SOLUTIONS
150398 09/08/2016 942.89Payroll Vendor PaymentSEIU LOCAL 620
150399 09/08/2016 329.05Payroll Vendor PaymentVANTAGEPOINT TRNSFR AGT 106099
150400 09/08/2016 3,352.30Payroll Vendor PaymentVANTAGEPOINT TRNSFR AGT 304633
2361 09/09/2016 335.08Payroll Vendor PaymentSTATE DISBURSEMENT UNIT
2362 09/09/2016 5,753.01Payroll Vendor PaymentHEALTHEQUITY, INC.
2363 09/09/2016 23,647.37Payroll Vendor PaymentCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
2364 09/09/2016 38,373.03Payroll Vendor PaymentCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
2365 09/09/2016 2,105.94Payroll Vendor PaymentCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
2366 09/09/2016 2,274.95Payroll Vendor PaymentCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
2367 09/09/2016 2,114.26Payroll Vendor PaymentCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
2368 09/09/2016 2,489.88Payroll Vendor PaymentCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
2369 09/09/2016 6,131.93Payroll Vendor PaymentCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
150401 09/09/2016 1,054.43Accounts Payable CheckCHEVRON & TEXACO BUS. CARD
150402 09/09/2016 635.51Accounts Payable CheckSHELL
150403 09/09/2016 12,762.48Accounts Payable CheckWEX BANK - 76 UNIVERSL
150404 09/12/2016 2,522.19Payroll Vendor PaymentALLSTATE WORKPLACE DIVISION
ITEM NUMBER: A-2
DATE: 10/25/16
Page 21
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150405 09/12/2016 144,431.54Payroll Vendor PaymentANTHEM BLUE CROSS HEALTH
150406 09/12/2016 1,467.01Payroll Vendor PaymentLINCOLN NATIONAL LIFE INS CO
150407 09/12/2016 1,771.35Payroll Vendor PaymentMEDICAL EYE SERVICES
150408 09/12/2016 9,595.60Payroll Vendor PaymentPREFERRED BENEFITS INSURANCE
2370 09/13/2016 71,219.44Payroll Vendor PaymentRABOBANK, N.A.
2371 09/13/2016 20,435.68Payroll Vendor PaymentEMPLOYMENT DEV DEPARTMENT
2372 09/13/2016 1,849.64Payroll Vendor PaymentEMPLOYMENT DEV. DEPARTMENT
2373 09/14/2016 586,147.77Accounts Payable CheckBANK OF NEW YORK MELLON
150409 09/14/2016 883.53Accounts Payable CheckALAMEDA ELECTRICAL DISTRIBUTOR
150410 09/14/2016 9,869.25Accounts Payable CheckALBERT A. WEBB ASSOCIATES
150411 09/14/2016 15,498.00Accounts Payable CheckBAUER COMPRESSORS
150412 09/14/2016 119.96Accounts Payable CheckCOAST ELECTRONICS
150413 09/14/2016 16.20Accounts Payable CheckCOASTAL REPROGRAPHIC SERVICES
150414 09/14/2016 211.17Accounts Payable CheckDEPARTMENT OF TRANSPORTATION
150415 09/14/2016 57.94Accounts Payable CheckFARM SUPPLY COMPANY
150416 09/14/2016 1,318.00Accounts Payable CheckFGL ENVIRONMENTAL
150417 09/14/2016 1,428.00Accounts Payable CheckLEE WILSON ELECTRIC CO. INC
150418 09/14/2016 259.07Accounts Payable CheckMINER'S ACE HARDWARE
150419 09/14/2016 11,997.50Accounts Payable CheckRICK ENGINEERING COMPANY
150420 09/14/2016 21,131.00Accounts Payable CheckSTATE WATER RES CONTROL BOARD
ITEM NUMBER: A-2
DATE: 10/25/16
Page 22
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
2374 09/15/2016 5,200.00Accounts Payable CheckCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
150421 09/16/2016 10,130.75Accounts Payable CheckALBERT A. WEBB ASSOCIATES
150422 09/16/2016 752.00Accounts Payable CheckALTHOUSE & MEADE, INC.
150423 09/16/2016 180.00Accounts Payable CheckEMILIO ALVAREZ
150424 09/16/2016 1,876.43Accounts Payable CheckAMERICAN WEST TIRE & AUTO INC
150425 09/16/2016 950.00Accounts Payable CheckASSOCIATED TRAFFIC SAFETY
150427 09/16/2016 24,336.75Accounts Payable CheckATASCADERO MUTUAL WATER CO.
150428 09/16/2016 1,433.23Accounts Payable CheckATASCADERO NEWS
150429 09/16/2016 6,525.00Accounts Payable CheckATASCADERO UNIFIED SCHOOL DIST
150430 09/16/2016 282.84Accounts Payable CheckFRED ATHEY
150431 09/16/2016 5,000.00Accounts Payable CheckBIG RED MARKETING, INC.
150432 09/16/2016 715.50Accounts Payable CheckSHIRLEY R. BRUTON
150433 09/16/2016 5,633.64Accounts Payable CheckCA CODE CHECK, INC.
150434 09/16/2016 200.00Accounts Payable CheckCA HIGHWAY PATROL
150435 09/16/2016 240.89Accounts Payable CheckCAL-COAST IRRIGATION, INC
150436 09/16/2016 48,019.00Accounts Payable CheckCALIFORNIA JPIA
150437 09/16/2016 10.70Accounts Payable CheckKATE CAPELA
150438 09/16/2016 5,971.08Accounts Payable CheckCASEY PRINTING, INC.
150439 09/16/2016 775.61Accounts Payable CheckCDCE, INC.
150440 09/16/2016 69.98Accounts Payable CheckCHARTER COMMUNICATIONS
150441 09/16/2016 234.86Accounts Payable CheckCOASTAL REPROGRAPHIC SERVICES
ITEM NUMBER: A-2
DATE: 10/25/16
Page 23
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150442 09/16/2016 125.00Accounts Payable CheckCORELOGIC SOLUTIONS, LLC.
150443 09/16/2016 148.45Accounts Payable CheckCRYSTAL SPRINGS WATER
150444 09/16/2016 70.00Accounts Payable CheckCULLIGAN/CENTRAL COAST WTR TRT
150445 09/16/2016 160.00Accounts Payable CheckMATTHEW J. CURRY
150446 09/16/2016 179.00Accounts Payable CheckCALEB M. DAVIS
150447 09/16/2016 393.00Accounts Payable CheckDAY WIRELESS SYSTEMS
150448 09/16/2016 1,602.42Accounts Payable CheckDOOLEY ENTERPRISES INC
150449 09/16/2016 11.99Accounts Payable CheckEL CAMINO CAR WASH
150450 09/16/2016 75.00Accounts Payable CheckELECTRONIC GATE SYSTEMS, INC.
150451 09/16/2016 300.00Accounts Payable CheckESCROW CLEANING SERVICE
150452 09/16/2016 50.74Accounts Payable CheckFARM SUPPLY COMPANY
150453 09/16/2016 1,318.00Accounts Payable CheckFGL ENVIRONMENTAL
150454 09/16/2016 2,385.00Accounts Payable CheckFIRST AMERICAN TITLE CO
150455 09/16/2016 153.68Accounts Payable CheckGAS COMPANY
150456 09/16/2016 247.94Accounts Payable CheckGEM AUTO PARTS
150457 09/16/2016 486.00Accounts Payable CheckBRADLEY A. HACKLEMAN
150458 09/16/2016 671.51Accounts Payable CheckHART IMPRESSIONS PRINTING
150459 09/16/2016 144.72Accounts Payable CheckRYAN HOFSTETTER
150460 09/16/2016 1,849.23Accounts Payable CheckHOME DEPOT CREDIT SERVICES
150461 09/16/2016 728.00Accounts Payable CheckEVELYN R. INGRAM
150462 09/16/2016 714.00Accounts Payable CheckINHOUSE SECURITY SERVICE, LLC
ITEM NUMBER: A-2
DATE: 10/25/16
Page 24
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150463 09/16/2016 34.16Accounts Payable CheckIRON MOUNTAIN RECORDS MGMNT
150464 09/16/2016 1,709.86Accounts Payable CheckJK'S UNLIMITED
150465 09/16/2016 9,000.00Accounts Payable CheckJOE A. GONSALVES & SON
150466 09/16/2016 987.50Accounts Payable CheckLENHARDT ENGINEERING, INC.
150467 09/16/2016 649.93Accounts Payable CheckLIFE ASSIST, INC.
150468 09/16/2016 100.44Accounts Payable CheckLUBE N GO
150469 09/16/2016 6,392.00Accounts Payable CheckMADRONE LANDSCAPES, INC.
150470 09/16/2016 1,750.00Accounts Payable CheckMAINLINE UTILITY CO.
150471 09/16/2016 67.77Accounts Payable CheckMID-COAST MOWER & SAW, INC.
150472 09/16/2016 428.14Accounts Payable CheckMINER'S ACE HARDWARE
150473 09/16/2016 252.28Accounts Payable CheckMISSION UNIFORM SERVICE
150474 09/16/2016 285.00Accounts Payable CheckREON C MONSON
150475 09/16/2016 10,808.87Accounts Payable CheckMV TRANSPORTATION, INC.
150476 09/16/2016 77.00Accounts Payable CheckKELLYE R. NETZ
150477 09/16/2016 36,914.93Accounts Payable CheckNORTH COAST ENGINEERING INC.
150478 09/16/2016 30.00Accounts Payable CheckNORTH COUNTY GLASS
150479 09/16/2016 106.92Accounts Payable CheckNORTHERN ENERGY
150480 09/16/2016 367.00Accounts Payable CheckOASIS EQUIPMENT RENTAL
150481 09/16/2016 233.02Accounts Payable CheckOFFICE DEPOT INC.
150482 09/16/2016 77.00Accounts Payable CheckRON OVERACKER
150483 09/16/2016 27,721.58Accounts Payable CheckPACIFIC GAS AND ELECTRIC
ITEM NUMBER: A-2
DATE: 10/25/16
Page 25
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150484 09/16/2016 7,840.00Accounts Payable CheckPACIFIC METAL BUILDINGS, INC.
150485 09/16/2016 77,417.93Accounts Payable CheckPAPICH CONSTRUCTION CO., INC.
150486 09/16/2016 25,850.00Accounts Payable CheckPAVEMENT ENGINEERING, INC.
150487 09/16/2016 40.00Accounts Payable CheckROBIN K. PENDLEY
150488 09/16/2016 77.00Accounts Payable CheckSCOTT E. PIPAN
150489 09/16/2016 216.18Accounts Payable CheckPROCARE JANITORIAL SUPPLY,INC.
150490 09/16/2016 1,244.10Accounts Payable CheckRANGE MASTER
150491 09/16/2016 405.00Accounts Payable CheckRECOGNITION WORKS
150492 09/16/2016 20,183.43Accounts Payable CheckRICK ENGINEERING COMPANY
150493 09/16/2016 159.84Accounts Payable CheckSCOTT SATTERTHWAITE
150494 09/16/2016 163.88Accounts Payable CheckSCOTT O'BRIEN FIRE & SAFETY CO
150495 09/16/2016 84.66Accounts Payable CheckTHE SHERWIN-WILLIAMS COMPANY
150496 09/16/2016 224.00Accounts Payable CheckSHORIN-RYU KARATE
150497 09/16/2016 1,312.54Accounts Payable CheckSOUTH COAST EMERGENCY VEH SVC
150498 09/16/2016 172.03Accounts Payable CheckSTAPLES CREDIT PLAN
150499 09/16/2016 754.00Accounts Payable CheckSTATE BOARD OF EQUALIZATION
150500 09/16/2016 144.05Accounts Payable CheckSTEVE SCHMIDT TOPSOIL, INC.
150501 09/16/2016 227.63Accounts Payable CheckTAYLOR RENTAL
150502 09/16/2016 77.00Accounts Payable CheckJOHN W. TAYLOR
150503 09/16/2016 44.80Accounts Payable CheckTHRIVE TRAINING CENTER
150509 09/16/2016 28,036.22Accounts Payable CheckU.S. BANK
ITEM NUMBER: A-2
DATE: 10/25/16
Page 26
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150510 09/16/2016 129.82Accounts Payable CheckULTREX BUSINESS PRODUCTS
150511 09/16/2016 2,045.73Accounts Payable CheckUNITED STAFFING ASSC., INC.
150512 09/16/2016 160.00Accounts Payable CheckIWINA M. VAN BEEK
150513 09/16/2016 19,490.78Accounts Payable CheckVERDIN
150514 09/16/2016 2,009.38Accounts Payable CheckWHITLOCK & WEINBERGER TRANS.
150515 09/16/2016 435.90Accounts Payable CheckKAREN B. WYKE
150516 09/22/2016 40.00Payroll Vendor PaymentATASCADERO MID MGRS ORG UNION
150517 09/22/2016 1,186.25Payroll Vendor PaymentATASCADERO POLICE OFFICERS
150518 09/22/2016 864.25Payroll Vendor PaymentATASCADERO PROF. FIREFIGHTERS
150519 09/22/2016 6,458.50Payroll Vendor PaymentHARTFORD LIFE INSURANCE
150520 09/22/2016 723.54Payroll Vendor PaymentNATIONWIDE RETIREMENT SOLUTION
150521 09/22/2016 1,576.28Payroll Vendor PaymentNAVIA BENEFIT SOLUTIONS
150522 09/22/2016 65.00Payroll Vendor PaymentNAVIA BENEFIT SOLUTIONS
150523 09/22/2016 957.29Payroll Vendor PaymentSEIU LOCAL 620
150524 09/22/2016 329.05Payroll Vendor PaymentVANTAGEPOINT TRNSFR AGT 106099
150525 09/22/2016 3,152.30Payroll Vendor PaymentVANTAGEPOINT TRNSFR AGT 304633
2375 09/23/2016 335.08Payroll Vendor PaymentSTATE DISBURSEMENT UNIT
2376 09/23/2016 5,513.01Payroll Vendor PaymentHEALTHEQUITY, INC.
2377 09/23/2016 23,599.83Payroll Vendor PaymentCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
2378 09/23/2016 38,189.40Payroll Vendor PaymentCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
2379 09/23/2016 2,076.53Payroll Vendor PaymentCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
ITEM NUMBER: A-2
DATE: 10/25/16
Page 27
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
2380 09/23/2016 2,274.95Payroll Vendor PaymentCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
2381 09/23/2016 1,747.01Payroll Vendor PaymentCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
2382 09/23/2016 2,429.35Payroll Vendor PaymentCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
2383 09/23/2016 6,080.98Payroll Vendor PaymentCALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM
2384 09/27/2016 54,285.14Payroll Vendor PaymentRABOBANK, N.A.
2385 09/27/2016 14,335.02Payroll Vendor PaymentEMPLOYMENT DEV DEPARTMENT
2386 09/27/2016 1,881.34Payroll Vendor PaymentEMPLOYMENT DEV. DEPARTMENT
150526 09/27/2016 51.00Accounts Payable CheckJOE ALLEN
150527 09/27/2016 51.00Accounts Payable CheckTERRIE BANISH
150528 09/27/2016 51.00Accounts Payable CheckCASEY BRYSON
150529 09/27/2016 51.00Accounts Payable CheckCINDY CHAVEZ
150530 09/27/2016 51.00Accounts Payable CheckMATTHEW L. CHESSON
150531 09/27/2016 25.00Accounts Payable CheckLARA CHRISTENSEN
150532 09/27/2016 25.00Accounts Payable CheckMARIANNE CLARKE
150533 09/27/2016 51.00Accounts Payable CheckTIMOTHY CLEAVER
150534 09/27/2016 51.00Accounts Payable CheckCALEB M. DAVIS
150535 09/27/2016 51.00Accounts Payable CheckNICHOLAS DEBAR
150536 09/27/2016 25.00Accounts Payable CheckPHILIP DUNSMORE
150537 09/27/2016 180.00Accounts Payable CheckTERRY G. FOX
150538 09/27/2016 3,872.00Accounts Payable CheckGUEST SERVICES
150539 09/27/2016 51.00Accounts Payable CheckJEREL HALEY
ITEM NUMBER: A-2
DATE: 10/25/16
Page 28
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150540 09/27/2016 51.00Accounts Payable CheckRYAN HOFSTETTER
150541 09/27/2016 51.00Accounts Payable CheckLYNDA HOREJSI
150542 09/27/2016 51.00Accounts Payable CheckBOB JOSLIN
150543 09/27/2016 51.00Accounts Payable CheckLUKE KNIGHT
150544 09/27/2016 51.00Accounts Payable CheckJACKSON LIGHT
150545 09/27/2016 51.00Accounts Payable CheckTHOMAS LITTLE
150546 09/27/2016 51.00Accounts Payable CheckANDREW LUERA
150547 09/27/2016 51.00Accounts Payable CheckMATTHEW J. MIRANDA
150548 09/27/2016 51.00Accounts Payable CheckRAYMOND ROBERT MOLLE
150549 09/27/2016 51.00Accounts Payable CheckANJANETTE ORDONEZ
150550 09/27/2016 51.00Accounts Payable CheckDAWN PATTERSON
150551 09/27/2016 51.00Accounts Payable CheckDEAN PERICIC
150552 09/27/2016 25.00Accounts Payable CheckRACHELLE RICKARD
150553 09/27/2016 51.00Accounts Payable CheckMARK J. RUSSO
150554 09/27/2016 51.00Accounts Payable CheckSCOTT SIMONS
150555 09/27/2016 51.00Accounts Payable CheckJOHN W. TAYLOR
150556 09/27/2016 51.00Accounts Payable CheckMATT VIERRA
150557 09/27/2016 51.00Accounts Payable CheckWOOLERY, JONATHAN
150558 09/30/2016 2,580.00Accounts Payable CheckMADRONE LANDSCAPES, INC.
150559 09/30/2016 1,740.00Accounts Payable CheckAGM CALIFORNIA, INC.
150560 09/30/2016 78.84Accounts Payable CheckALL SIGNS AND GRAPHICS, LLC
ITEM NUMBER: A-2
DATE: 10/25/16
Page 29
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150561 09/30/2016 281.00Accounts Payable CheckJOE ALLEN
150562 09/30/2016 1,705.02Accounts Payable CheckAMERICAN WEST TIRE & AUTO INC
150563 09/30/2016 433.32Accounts Payable CheckDAVID ANASTASIA
150564 09/30/2016 446.47Accounts Payable CheckASSOCIATED TRAFFIC SAFETY
150566 09/30/2016 1,735.00Accounts Payable CheckAT&T
150567 09/30/2016 1,008.46Accounts Payable CheckAT&T
150568 09/30/2016 3,300.00Accounts Payable CheckATASCADERO NEWS
150569 09/30/2016 214.93Accounts Payable CheckBATTERY SYSTEMS, INC.
150570 09/30/2016 77.36Accounts Payable CheckBLUE TARP FINANCIAL, INC.
150571 09/30/2016 220.00Accounts Payable CheckBRADS OVERHEAD DOORS, INC.
150572 09/30/2016 1,111.80Accounts Payable CheckCDCE, INC.
150573 09/30/2016 143.50Accounts Payable CheckKATHLEEN J. CINOWALT
150574 09/30/2016 6,518.60Accounts Payable CheckCOBAN TECHNOLOGIES, INC.
150575 09/30/2016 600.00Accounts Payable CheckJOHN COUCH
150576 09/30/2016 29.70Accounts Payable CheckCRYSTAL SPRINGS WATER
150577 09/30/2016 160.00Accounts Payable CheckMATTHEW J. CURRY
150578 09/30/2016 528.50Accounts Payable CheckSHARON J. DAVIS
150579 09/30/2016 132.53Accounts Payable CheckDOCUTEAM
150580 09/30/2016 324.00Accounts Payable CheckDRIVE CUSTOMS
150581 09/30/2016 2,520.00Accounts Payable CheckEIKHOF DESIGN GROUP, INC.
150582 09/30/2016 141.36Accounts Payable CheckFARM SUPPLY COMPANY
ITEM NUMBER: A-2
DATE: 10/25/16
Page 30
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150583 09/30/2016 4,312.47Accounts Payable CheckFERGUSON ENTERPRISES, INC.
150584 09/30/2016 328.00Accounts Payable CheckFGL ENVIRONMENTAL
150585 09/30/2016 108.11Accounts Payable CheckGAS COMPANY
150586 09/30/2016 260.00Accounts Payable CheckANDREW J. GEFTAKYS
150587 09/30/2016 99.27Accounts Payable CheckGEM AUTO PARTS
150588 09/30/2016 407.91Accounts Payable CheckGILBERT'S LANDSCAPES
150589 09/30/2016 624.00Accounts Payable CheckBRADLEY A. HACKLEMAN
150590 09/30/2016 1,683.50Accounts Payable CheckHANLEY AND FLEISHMAN, LLP
150591 09/30/2016 29.16Accounts Payable CheckHART IMPRESSIONS PRINTING
150592 09/30/2016 27.54Accounts Payable CheckLARA HUSKEY
150593 09/30/2016 142.52Accounts Payable CheckTHE INK CO.
150594 09/30/2016 268.35Accounts Payable CheckJ. CARROLL CORPORATION
150595 09/30/2016 250.74Accounts Payable CheckJK'S UNLIMITED
150596 09/30/2016 2.10Accounts Payable CheckKAY KARTSIOURAS
150597 09/30/2016 5,557.70Accounts Payable CheckKW CONSTRUCTION
150598 09/30/2016 2,243.24Accounts Payable CheckL.N. CURTIS & SONS
150599 09/30/2016 25.00Accounts Payable CheckLEAGUE OF CALIFORNIA CITIES
150600 09/30/2016 155.57Accounts Payable CheckTYLER LEE
150601 09/30/2016 704.94Accounts Payable CheckLEHIGH HANSON
150602 09/30/2016 3,847.69Accounts Payable CheckLIFE ASSIST, INC.
150603 09/30/2016 126.36Accounts Payable CheckJACKSON LIGHT
ITEM NUMBER: A-2
DATE: 10/25/16
Page 31
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150604 09/30/2016 9,989.46Accounts Payable CheckMADRONE LANDSCAPES, INC.
150605 09/30/2016 100.00Accounts Payable CheckSAMUEL HENRY MCMILLAN, JR.
150606 09/30/2016 100.00Accounts Payable CheckSAMUEL H. MCMILLAN, SR.
150607 09/30/2016 110.00Accounts Payable CheckMEDPOST URGENT CARE-PASO ROBLE
150608 09/30/2016 1,500.00Accounts Payable CheckMICHAEL BRANDMAN ASSOCIATES
150609 09/30/2016 441.17Accounts Payable CheckMID-COAST MOWER & SAW, INC.
150610 09/30/2016 450.41Accounts Payable CheckMINER'S ACE HARDWARE
150611 09/30/2016 520.43Accounts Payable CheckMISSION UNIFORM SERVICE
150612 09/30/2016 1,320.83Accounts Payable CheckMITY LITE, INC.
150613 09/30/2016 128.00Accounts Payable CheckBRETT MOBLEY
150614 09/30/2016 288.00Accounts Payable CheckREON C MONSON
150615 09/30/2016 57.48Accounts Payable CheckLANDON MORTIMER
150616 09/30/2016 589.02Accounts Payable CheckMOTION PICTURE LICENSING CORP.
150617 09/30/2016 120.00Accounts Payable CheckRAYMOND L. MULLIKIN
150618 09/30/2016 473.04Accounts Payable CheckNORTH AMERICAN FIRE HOSE
150619 09/30/2016 873.68Accounts Payable CheckOFFICE DEPOT INC.
150620 09/30/2016 45.36Accounts Payable CheckTARA ORLICK
150622 09/30/2016 8,706.32Accounts Payable CheckPACIFIC GAS AND ELECTRIC
150623 09/30/2016 1,500.00Accounts Payable CheckPACIFIC GAS AND ELECTRIC
150624 09/30/2016 80.00Accounts Payable CheckROBIN K. PENDLEY
150625 09/30/2016 145.60Accounts Payable CheckPERMIT SERVICES, INC.
ITEM NUMBER: A-2
DATE: 10/25/16
Page 32
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150626 09/30/2016 127.44Accounts Payable CheckPETERSON U-CART
150627 09/30/2016 567.00Accounts Payable CheckTOM PETERSON
150628 09/30/2016 141,258.45Accounts Payable CheckPHYSIO-CONTROL, INC.
150629 09/30/2016 39,485.80Accounts Payable CheckPIERCE MANUFACTURING, INC.
150630 09/30/2016 372.87Accounts Payable CheckPROCARE JANITORIAL SUPPLY,INC.
150631 09/30/2016 166.63Accounts Payable CheckQUINCY ENGINEERING, INC.
150632 09/30/2016 128.00Accounts Payable CheckREBECCA ROMERO
150633 09/30/2016 1,500.00Accounts Payable CheckS. LOMBARDI & ASSOCIATES
150634 09/30/2016 266.61Accounts Payable CheckSAFEGUARD BUSINESS SYSTEMS,INC
150635 09/30/2016 270.00Accounts Payable CheckSAN LUIS POWERHOUSE, INC.
150636 09/30/2016 156.80Accounts Payable CheckSANTA LUCIA SPORTSMEN ASSC INC
150637 09/30/2016 128.00Accounts Payable CheckDIEGO SEGOVIA
150638 09/30/2016 96.79Accounts Payable CheckTHE SHERWIN-WILLIAMS COMPANY
150639 09/30/2016 235.20Accounts Payable CheckJOHN C. SIEMENS
150640 09/30/2016 86.80Accounts Payable CheckSITEONE LANDSCAPE SUPPLY, LLC
150641 09/30/2016 159.00Accounts Payable CheckSLO COUNTY SHERIFF'S OFFICE
150642 09/30/2016 220.00Accounts Payable CheckSOLARCITY CORPORATION
150643 09/30/2016 839.93Accounts Payable CheckSOUTH COAST EMERGENCY VEH SVC
150644 09/30/2016 1,096.00Accounts Payable CheckSPECTRUM REACH
150645 09/30/2016 321.08Accounts Payable CheckBRUCE ST. JOHN
150646 09/30/2016 1,051.82Accounts Payable CheckSTANLEY CONVERGENT SECURITY
ITEM NUMBER: A-2
DATE: 10/25/16
Page 33
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of September 2016
150647 09/30/2016 3,422.00Accounts Payable CheckSUNLIGHT JANITORIAL, INC.
150648 09/30/2016 113.60Accounts Payable CheckSUNRUN INSTALLATION SERVICES
150649 09/30/2016 142.62Accounts Payable CheckRONALD R. TARICA
150650 09/30/2016 915.40Accounts Payable CheckTESCO CONTROLS, INC.
150651 09/30/2016 369.20Accounts Payable CheckTHE TRIBUNE
150652 09/30/2016 4,061.74Accounts Payable CheckUNITED RENTALS (NORTH AM), INC
150653 09/30/2016 875.16Accounts Payable CheckUNITED STAFFING ASSC., INC.
150654 09/30/2016 4,475.52Accounts Payable CheckUNIVAR USA, INC.
150655 09/30/2016 60.00Accounts Payable CheckIWINA M. VAN BEEK
150656 09/30/2016 179.60Accounts Payable CheckVERIZON WIRELESS
150657 09/30/2016 14,485.51Accounts Payable CheckWALLACE GROUP
150658 09/30/2016 2,544.00Accounts Payable CheckWEDDING WIRE, INC.
150659 09/30/2016 2,921.08Accounts Payable CheckWEST COAST AUTO & TOWING, INC.
150660 09/30/2016 765.00Accounts Payable CheckWEST COAST SAFETY CONSULTANTS
150661 09/30/2016 32,066.39Accounts Payable CheckWONDRIES FLEET GROUP
150662 09/30/2016 25,287.23Accounts Payable CheckWONDRIES FLEET GROUP
150663 09/30/2016 1,000.00Accounts Payable CheckWULFING'S BACKGROUND & POLYGR
$2,310,092.88
ITEM NUMBER: A-2
DATE: 10/25/16
Page 34
ITEM NUMBER: A-3
DATE: 10/25/16
Atascadero City Council
Staff Report – Public Works Department
Measure F-14 Fiscal Year 2016/2017 Pavement Rehabilitation Project
Professional Engineering Services Contract
RECOMMENDATION:
Council authorize the City Manager to execute a contract with Pavement Engineering,
Inc. to provide professional engineering services for the Measure F-14 Fiscal Year
2016/2017 Pavement Rehabilitation Project, for an amount not to exceed $85,550.
REPORT IN BRIEF:
Staff solicited proposals from qualified cons ultants for Professional Engineering
Services for the Measure F-14 2016/2017 Pavement Rehabilitation Project. Five
proposals were received, reviewed and ranked. Staff determined Pavement
Engineering, Inc. was the most qualified firm to complete this project, and has
negotiated a final scope and fee for the work.
The project schedule for this design work is approximately four months, with Plans,
Specifications and Estimates (PS&E) to be completed and ready to bid by the
beginning of March. Staff intends to bid the project in March with construction taking
place Summer 2017.
A separate Measure F-14 2016/2017 Maintenance Project is currently being designed
by City staff and will be bid and constructed separately.
DISCUSSION:
Sales Tax Measure F-14 was approved by voters in November 2014, to fund the repair
and maintenance of neighborhood roads and other roadways. A five year project list
has been developed based on the City-wide Pavement Management System roadway
inventory and “Critical Point Managemen t” methodology. For the 2016/2017 Fiscal
Year, the following roadway segments have been identified for rehabilitation. (See
Exhibit A for a map of locations)
Page 35
ITEM NUMBER: A-3
DATE: 10/25/16
Alcantara Avenue – From Marchant Avenue North to Marchant Avenue South
Carmelita Road – From Curbaril Avenue to Portola Road
Carmelita Road – From Portola Road to San Gabriel Road
Cortez Avenue – From Maleza Avenue to Curbaril Avenue
Monterey Road – From Campo Road to San Anselmo Road
A total of 4.6 lane miles are included as part of this rehabilitation project.
Through the Request for Proposal (RFP) process, staff solicited proposals from
qualified consultants for Professional Engineering Services for the Measure F-14
2016/2017 Pavement Rehabilitation Project. As part of the design contract the
engineering consultant will provide necessary topographic survey services and survey
monument research, pavement engineering analysis, complete final Plans,
Specifications and Estimates (PS&E), and provide engineering ass istance during the
bid process.
In addition to pavement rehabilitation, the engineering consultant has included work
scope to provide drainage design necessary to preserve and protect the roadway
surface. This work may include storm drain inlet and culvert repair or replacement, and
installation of new or repaired edge treatments such as asphalt dike and shoulder
backing. Localized areas of pavement failure are often the direct result of saturated
subgrade soils caused by standing water. To remedy these issues, segments of the
roads need to be re-profiled to provide positive drainage of surface water. As part of
the RFP for this year’s project, staff identified several areas where significant drainage
issues currently exist, and PEI has included in their scope the work to design solutio ns
at these areas.
Staff advertised the RFP on September 6, 2016, with proposals due September 22,
2016. A total of five proposals were received, from Pavement Engineering Incorporated
(PEI), Diversified Project Services International (DPSI), North Coas t Engineering, Rick
Engineering Company, and Stantec. The firms were ranked according to experience
with similar projects, responsiveness to City needs, experience of key personnel and
other factors. The City was fortunate to receive excellent proposals from all five
companies, but agreed that PEI should be selected for this project.
PEI submitted an estimated Project Fee of $85,550 for this project. Engineering Design
fees for this project are typically in the range of 5-10% of total project cost for this type
of work. This engineering contract is calculated to be 5.4% of total project cost, which
is within the typical range and is considered reasonable. Staff is recommending that
PEI be selected to perform the consulting services for the Measure F -14 2016/2017
Rehabilitation Project. Staff was in agreement that PEI is the most qualified consultant,
with particular strengths that best fit this project. These strengths include a strong local
project manager with extensive pavement rehabilitation exper ience, significant
company experience with public works, and a thorough understanding of the process to
prepare a biddable and buildable set of construction plans.
Page 36
ITEM NUMBER: A-3
DATE: 10/25/16
FISCAL IMPACT:
This action will result in the expenditure of up to $85,550 in budgeted Sales Tax
Measure F-14 funds. The Sales Tax Measure has been collecting fees since April 1,
2015, and currently has a sufficient balance for this work.
If necessary, the City will execute a separate contract or contract extension for the
Construction Support Services with the engineering consultant once the Construction
Contract has been awarded. Additionally, the City will execute a separate contract with
a materials testing firm for Quality Control/Quality Assurance during project
construction. These additional fees are reflected in the budget below.
ESTIMATED EXPENDITURES
Deflection Testing, Coring, and Recommendations
(Previously Completed – PEI) 29,210
Engineering Design, Topographic Survey 85,550
Construction Contract 1,150,000
Testing and Inspection @ 9% 97,590
Construction Contingency @ 20% 230,000
Total Estimated Expenditure: $1,592,350
ESTIMATED FUNDING SOURCES
Sales Tax Measure F-14 Fund 1,592,350
Total Funding Sources $1,592,350
ALTERNATIVES:
1. Council may reject staff’s recommendation and direct staff to reconsider the
design firm choice or re-advertise the RFP. Staff does not recommend this
action as delaying the schedule will likely push the construction bidding outside
the window for lowest bid prices and the selected firm is highly qualified.
ATTACHMENTS:
1. Exhibit 1 – 2015/2016 Rehabilitation Project Street Locations
Page 37
ITEM NUMBER: A-3
DATE: 10/25/16
EXHIBIT 1
Page 38
ITEM NUMBER: C-1
DATE: 10/25/16
Atascadero City Council
Staff Report – Public Works Department
Development of the City of Atascadero’s
Local Area Management Program (LAMP)
RECOMMENDATION:
Council:
1. Direct staff to pursue the development of a City Local Area Management Plan
(LAMP) and contract services with a qualified professional consultant to assist
with this effort.
2. Authorize the Administrative Services Director to amend the current Budget by
appropriating $50,000 from the General Fund Reserves to cover the costs in
developing a City LAMP.
REPORT IN BRIEF:
The State Water Resources Control Board adopted the Water Quality Control Policy for
Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems
(OWTS Policy) which mandates local permitting agencies to comply with these new
requirements. The OWTS Policy will significantly alter the allowable use and design of
Onsite Wastewater Treatment Systems (OWTS) in Atascadero. If the City were to
implement the OWTS Policy, approximately 3,100 developed and undeveloped parcels
within City limits would be non-compliant in meeting the new requirements. Installation
of new septic systems or repair of existing failed septic systems on these sites would
either not be allowed or would require expensive supplemental pre-treatment.
Additionally, even permitted new systems on conforming lots will be subject to increase
significantly in size and cost.
The OWTS Policy allows local agencies the option of developing a Local Area
Management Program (LAMP) to establish their own septic system design requirements
or obtaining coverage with a separate local agency that has an approved LAMP . Staff
has been monitoring the County of San Luis Obispo’s progress in developing a Draft
Page 39
ITEM NUMBER: C-1
DATE: 10/25/16
LAMP, however, staff has determined that the County LAMP is still too restrictive and
recommends that the City budget and contract services for the development of a LAMP
specific to the unique conditions in Atascadero.
DISCUSSION:
Background:
Atascadero has a total of 9,890 residential parcels, of which 4,610 are served by the
City municipal sanitary sewer system. The remaining parcels are served by OWTS.
Currently, the City follows State regulations identified in the Water Quality Control Plan
for the Central Coast Basin (Basin Plan) for minim um lot sizes and septic system design
for subdivisions and previously entitled parcels. In general, this results in one acre
minimum lot sizes for new non-sewered subdivisions. This regulatory framework also
permits secondary units provided a minimum lot size of 1-acre is achieved. Site specific
conditions are reviewed and an approved engineering design is required to receive
permits for new or replacement systems.
Under the OWTS Policy, site-specific conditions are not considered when determining
feasibility of a septic system. Instead, a boilerplate approach is identified where
minimum lot sizes are determined based on average yearly rainfall totals. If a parcel is
less than the minimum requirement (two acres for Atascadero given historical rainfall
averages), supplemental pre-treatment systems will be required to be installed. While
these systems are slowly coming down in price, at the present time they range from
$40,000-$75,000. It should be noted that these supplemental pre-treatment systems
would be required for both new and failed existing systems on lots not meeting the
OWTS Policy.
The OWTS Policy also defines very conservative design requirements which staff
believes are not applicable for the City of Atascadero. The OWTS Policy was written
primarily to deal with the issue of multiple private wells in close proximity to septic
systems – which may be applicable to areas in the County. However, the City is in a
unique situation since the vast majority of septic tanks discharge far from the
Atascadero Mutual Water Company well field and are geologically separate d from that
groundwater basin. Also, the City has a history of conservative septic design and staff
believes that the current City ordinances in place exceed the requirements of the OWTS
with regard to protection of water quality.
Local Area Management Program (LAMP):
The OWTS Policy allows for a local agency to develop a management plan for new and
replacement septic systems. This LAMP document “provides an alternate method from
Tier 1 programs to achieve the same policy purpose, which is to protect water quality
and public health. In order to address local conditions, Local Agency Management
Programs may include standards that differ from the Tier 1 requirements for new and
replacement OWTS contained in Sections 7 and 8. Once the Local Agency
Management Program is approved, new and replacement OWTS that are included
Page 40
ITEM NUMBER: C-1
DATE: 10/25/16
within the Local Agency Management Program may be approved by the Local Agency.”
(OWTS Policy)
In meeting with representatives from the Regional Water Quality Control Board
(RWQCB), it has been stated that if the City can demonstrate that the proposed
requirements for OWTS design and lot sizing sufficiently protect water quality, those
ordinances may be used. While th e RWQCB has not stated specifically what they will
require to demonstrate the protection of water quality, staff believes that a City LAMP
demonstrating the historical protection of water quality under existing septic loads and
an analysis of Citywide hydrogeological conditions will meet the requirements. While
comparable municipal LAMPs were not found , most counties have submitted draft
LAMP documents. City staff has reviewed multiple County documents, (San Luis
Obispo, Monterey, Santa Barbara, San Diego). However, these County LAMPs do not
reflect the “small urban, large rural” character of Atascadero and the comprehensive
public water supply system that Atascadero Mutual Water Company manages over the
City limits. Therefore, it is unrealistic to “piggyback” on developing a LAMP similar to
one of these County LAMPs or obtain coverage under SLO County’s LAMP.
Planning Impact of the OWTS Policy:
If the OWTS Policy were implemented, the City’s General Plan and Zoning Ordinance
would require amendments in order to remain consistent with State Law. Minimum lot
sizes would need to be modified to reflect a new 2-acre minimum standard where sewer
service is not available and many existing parcels that currently meet zoning standards
would become non-conforming. In addition, policies and regulations related to
secondary units would need to be modified. The minimum lot size would need to be
increased to 4-acres from the current 1-acre minimum size to accommodate second
units. Additionally, the OWTS Policy is more restrictive on the type of underlying soils
suitable for OWTS whereby requiring pre-treatment systems even on larger lots in
compliance with the OWTS Policy.
Estimated Scope and Schedule for a City LAMP:
At a minimum, the proposed City LAMP will address existing groundwater and
hydrogeological conditions, and will establish OWTS siting and design requirements for
different areas within the City based upon allowable wastewater loads. It is reasonable
to expect that the LAMP may identify specific areas within the City that will be required
to incorporate pre-treatment due to soil types, proximity to AMWC well fields, or parcel
density. The intention of the LAMP is to define these impacted areas and demonstrate
that the remaining parcels can protect groundwater quality with traditional, cost-effective
septic systems.
City staff has contacted several local qualified consultants to discuss this project.
Based on their experiences developing LAMPs and similar documents, consulting fees
to prepare a LAMP for Atascadero are expected to be in the range of $40,000 -$50,000.
Significant staff time will also be required during the preparation of the LAMP, as well as
during the RWQCB review. In addition, additional staff time will be required to provide
Page 41
ITEM NUMBER: C-1
DATE: 10/25/16
annual reports for OWTS activities, regardless if the City defaults to the OWTS Policy or
adopts a City LAMP.
The City will default to the requirements of the State OWTS in May 2018 unless a City
LAMP is adopted by Council and approved by the RWQCB before that date. Staff
expects that a draft LAMP can be prepared and submitted to the RWQCB for review
and comment by April 2017. The goal of staff is to either have the LAMP approved by
May 2018 or to show significant completion such that the City can continue to
implement the current OWTS ordinance until the LAMP is formally adopted.
FISCAL IMPACT:
Development of a LAMP is not funded in the current budget cycle and is expected to
cost in the range of $40,000 to $50,000. Staff recommends amending the current
Budget and appropriating $50,000 from the General Fund Reserves to cover the costs
to adopt a City LAMP.
ALTERNATIVES:
There are several alternatives to developing a City LAMP, including doing nothing and
implementing the OW TS Policy requirements or contracting with SLO County to
implement their LAMP within City limits. However, both of these alternatives are not
recommended due to the restrictive impact on future development and given the unique
characteristics of Atascadero.
ATTACHMENTS:
None.
Page 42
ITEM NUMBER: C-2
DATE: 10/25/16
Atascadero City Council
Staff Report – City Attorney
Proposition 64
The Control, Regulate and Tax Adult Use of Marijuana Act
RECOMMENDATION:
Council receive and file report on Proposition 64, The Control, Regulate and Tax Adult
Use Of Marijuana Act (“AUMA”).
DISCUSSION:
On November 8, 2016, California voters will consider Proposition 64, The Control
Regulate, and Tax Adult Use of Marijuana Act (“AUMA”). If passed, this measure will
legalize and regulate recreational marijuana in California and establish a regulatory
system that is very similar to the medical marijuana regulatory system created by the
Medical Cannabis Regulation and Safety Act (“MCRSA”), which was passed into law
last year. Under the AUMA, marijuana cultivators, manufacturers, distributors, retailers,
and testing laboratories will need to obtain a state license to operate.
For cities, key features of Proposition 64 include:
1. Cities may completely prohibit all marijuana businesses if they so choose;
2. The state will not issue a license to a marijuana business if the proposed
business would violate a local ordinance;
3. The state is not going to issue licenses for recreational marijuana businesses
until January 1, 2018;
4. Individuals may possess limited amounts of marijuana and marijuana products
and/or cultivate up to six plants;
5. No more than six plants may be cultivated at any given time at a private
residence;
6. Cities may “reasonably regulate” private indoor cultiva tion, but may not
completely prohibit it;
Page 43
ITEM NUMBER: C-2
DATE: 10/25/16
7. Cities may completely prohibit private outdoor cultivation; and
8. Cities may impose local taxes on marijuana retailers and cultivators.
One question which has arisen is when cities adopt ordinances to address recreational
marijuana. At this point, we do not know whether California voters will pass Proposition
64. A city can wait until after the election to adopt an ordinance regarding recreational
marijuana. An ordinance passed after the election will be effective and enforceable. As
noted, the state is not going to issue licenses for recreational marijuana businesses unti l
January 1, 2018. Cities that wait until after the election to address private cultivation will
not be preempted by state law from adopting reasonable regulations regarding private
cultivation. The AUMA expressly recognizes the authority of local governments to adopt
reasonable cultivation regulations, which may include a complete ban on private
outdoor cultivation. (Health and Safety Code §11362.2) There is no deadline by which
cities must adopt such local regulations.
Next Steps
Last winter when Council reviewed and adopted the medical marijuana ordinance, it
was expected that a recreational marijuana ordinance would be on the November ballot.
At that time, Council directed staff to revise the City’s ordinances related to marijuana
once it was known whether the recreational marijuana ballot measure had passed.
The timeline outlined below begins the process of analyzing marijuana issues after the
marijuana ballot results are in and allows time for staff to research and analyze the
issues and gather technical data. It would also allow staff to conduct an extensive
public outreach process to hear from community members on the needs and issues
related to medical marijuana. This timeline is intended to provide for a long -term
solution that takes into account any potential changes that may arise from the
November ballot initiative.
1. Staff research on marijuana legislation. (October 2016-January 2017)
2. Gather technical data on marijuana cultivation including indoor and outdoor grow
cycles. (January 2017)
3. Evaluate zoning and land use implications of cultivation . (February 2017)
4. Hold community meetings to hear concerns from citizens on marijuana
cultivation. (February-April 2017)
5. Adopt an ordinance potentially revising current the medical marijuana ordinan ce
and potentially addressing adult-use marijuana in the City. (May- June 2017)
As discussed last winter, should Proposition 64 be passed staff will continue
implementation of the timeline.
Page 44
ITEM NUMBER: C-2
DATE: 10/25/16
FISCAL IMPACT:
There is no fiscal impact for this Agenda item at this time.
ALTERNATIVES:
Not applicable.
ATTACHMENTS:
1. Memorandum by the League of California Cities dated September 12, 2016.
2. Frequently Asked Questions (FAQs) and Answers from the League of California
Cities dated September 12, 2016.
Page 45
1
MEMORANDUM
To: League of California Cities’ City Managers Department
League of California Cities’ City Attorneys Department
From: League Staff
Date: September 12, 2016
Re: The Control, Regulate and Tax Adult Use of Marijuana Act
On November 8, 2016, the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA” or
“Act”) will come before California voters as Proposition 64. If passed, the AUMA will legalize
the nonmedical use of marijuana by persons 21 years of age and over, and the personal
cultivation of up to six marijuana plants. In addition, the AUMA will create a state regulatory
and licensing system governing the commercial cultivation, testing, and distribution of
nonmedical marijuana, and the manufacturing of nonmedical marijuana products. The regulatory
system governing these commercial marijuana activities largely mirrors the Medical Marijuana
Regulation and Safety Act (“MMRSA”), but there are key differences. This memorandum will
provide an overview of the AUMA, highlight the ways in which the AUMA differs from the
MMRSA, and identify the issues that cities will need to take action on if the AUMA passes.
I. Overview of the AUMA
A. Personal Nonmedical Marijuana Use
The AUMA makes it legal for persons 21 years of age or older to: (1) smoke or ingest marijuana
or marijuana products; (2) possess, process, transport, purchase, obtain, or give away to persons
21 years of age or older, without any compensation, 28.5 grams of marijuana, or 8 grams of
concentrated marijuana, including as contained in marijuana products; and (3) possess, plant,
cultivate, harvest, dry or process up to six living marijuana plants for personal use.1 The AUMA
requires that marijuana in excess of 28.5 grams that is produced by plants kept pursuant to the personal
cultivation provision of the Act be kept in a locked space on the grounds of a private residence that is not
visible from a public place.2
Although persons 21 years of age or older may use and possess nonmedical marijuana under the
Act, their ability to engage in these activities is not unfettered. The AUMA prohibits the smoking
of marijuana: (1) in any public place, except where a local jurisdiction has authorized use on the
premises of a retailer or microbusiness in accordance with Business and Professions Code
1 Health & Saf. Code § 11362.2(a).
2 Health & Saf. Code § 11362.2(a)(2).
1400 K Street, Suite 400 Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
ITEM NUMBER: C-2
DATE: 10/25/16
ATTACHMENT: 1
Page 46
2
section 26200; (2) where smoking tobacco is prohibited; (3) within 1,000 feet of a school, day
care center, or youth center while children are present; and (3) while driving, or riding in the
passenger seat of, any vehicle used for transportation.3 Moreover, individuals cannot possess
marijuana on school grounds, in day care centers, or in youth centers while children are present,
or possess an open container of marijuana or marijuana products while driving, operating, or
riding in any vehicle used for transportation.4 The AUMA further provides that cities may
prohibit possession and smoking in buildings owned, leased, or occupied by the city, and that
employers, including cities, may maintain a drug and alcohol free workplace by prohibiting the
use, consumption, possession, transfer, transportation, sale, display or growth of marijuana in the
workplace.5
1. Personal Cultivation
The AUMA provides that local governments can reasonably regulate, but cannot ban, personal
indoor cultivation of up to six living marijuana plants within the person’s private residence.6 The
Act defines private residence as “a house, an apartment unit, a mobile home, or other similar
dwelling unit.”7 This includes cultivation in a greenhouse on the same property as the residence
that is not physically part of the home, as long as it is fully enclosed, secure, and not visible from
a public space.8
The AUMA completely protects the ability of local governments to regulate, and to ban, personal
outdoor cultivation operations.9 However, it purports to repeal any ordinance that bans outdoor
cultivation upon the California Attorney General’s determination that nonmedical use of
marijuana is lawful under federal law.10
B. Commercial Nonmedical Marijuana Activity
Under the AUMA, California will have a comprehensive state regulatory system for nonmedical
marijuana that governs the industry from “seed to sale.” The Bureau of Marijuana Control,
currently the Bureau of Medical Cannabis Regulation, which is within the Department of
Consumer Affairs, will have primary responsibility for administering and enforcing the
AUMA.11
The AUMA divides state licensing and enforcement responsibilities among three agencies: (1)
the Department of Consumer Affairs, which will issue licenses for marijuana the transportation,
storage, distribution, and sale of marijuana;12 (2) the Department of Food and Agriculture will
issue marijuana cultivation licenses, which will administer the provisions of the AUMA related
3 Health & Saf. Code § 11362.3(7)-(8).
4 Health & Saf. Code §§ 11362.3(3), 11362.3(4).
5 Health & Saf. Code § 11362.45 (f)-(g).
6 Health & Saf. Code §§ 11362.1(a)(3), 11362.2.
7 Health & Saf. Code § 11362.2(5).
8 Health & Saf. Code § 11362.2(a)(2).
9 Health & Saf. Code § 11362.2(b)(3).
10 Health & Saf. Code § 11362.2(b)(4).
11 Bus. & Prof. Code § 26010.
12 Bus. & Prof. Code § 26012(a)(1).
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to the cultivation of marijuana;13 and (3) the Department of Public Health, which will issue
licenses for marijuana manufacturers and testing laboratories.14 Each of these state licensing
authorities is responsible for creating regulations governing their respective areas of
responsibility, and must begin issuing licenses by January 1, 2018.15
A state marijuana license will be valid for one year.16 A separate state license is required for each
commercial marijuana business location.17 With the exception of testing facilities, any person or
entity licensed under the AUMA may apply for and be issued more than one type of state
license.18
1. Local Control
All nonmedical marijuana businesses must have a state license.19 A state license cannot issue to
an applicant whose operations would violate the provisions of any local ordinance or
regulation.20 However a state applicant need not provide documentation that the applicant has a
local license or permit.
The AUMA does not limit the authority of a local jurisdiction to adopt and enforce local
ordinances regulating or completely prohibiting state-licensed marijuana businesses.21 Local
jurisdictions may establish “standards, requirements, and regulations regarding health and safety,
environmental protection, testing, security, food safety, and worker protections that exceed state
standards.”22
2. Local Enforcement
Like the MMRSA, the AUMA establishes a dual enforcement scheme for commercial marijuana
activities that violate either state or local laws. The state licensing authorities will enforce state
statutes and regulations. State authorities can suspend or revoke state licenses,23 pursue civil
penalties against violating businesses in an amount equal to three times the applicable licensing
fee per violation,24 or may prosecute violators criminally.25 Local authorities will be responsible
for enforcing local ordinances and regulations.26 For state-licensed facilities operating within a
13 Bus. & Prof. Code § 26012(a)(2).
14 Bus. & Prof. Code § 26012(3).
15 Bus. & Prof. Code §§ 26012(c), 26013 (a).
16 Bus. & Prof. Code § 26050(c).
17 Bus. & Prof. Code § 26055(c).
18 Bus. & Prof. Code § 26053.
19 Bus. & Prof. Code § 26038.)
20 Bus. & Prof. Code § 26055(e).
21 Bus. & Prof. Code § 26200(a). But see, Bus. & Prof. Code §§ 19340(f), 26080(b), 26090(c) [prohibiting cities
from preventing the use of public roads to lawfully transport or deliver nonmedical marijuana].
22 Bus. & Prof. Code § 26201.
23 Bus. & Prof. Code § 2603.
24 Bus. & Prof. Code § 26038(a)
25 Bus. & Prof. Code § 26038(c).
26 Bus. & Prof. Code § 26200 (b).
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city, a city may have authority to enforce state law and regulations “if delegated the power to do
so by the [B]ureau [of Marijuana Control] or a licensing authority.”27
II. Key Differences Between the AUMA and MMRSA
A. Licensing
The MMRSA established dual licensing of medical marijuana businesses, requiring both local
approval and a state license in order for a business to operate legally.28 Specifically, the MMRSA
requires applicants to provide the relevant state licensing entity with documentation proving their
compliance with local ordinances and regulations.29
The AUMA does not require an applicant to provide evidence of local permission prior to being
issued a state license.30 Instead, the AUMA prohibits state licensing entities from approving
licenses for activities that would violate local ordinances.31 Thus, state licensing officials bear
the onus of evaluating local regulatory compliance.
Under this system, the AUMA allows a nonmedical marijuana business licensed by the state to
operate within city limits unless the city’s municipal code prohibits the use. Cities that wish to
regulate or prohibit nonmedical marijuana businesses will need to do so before the State begins
issuing licenses, either by enacting a nonmedical marijuana ordinance/regulation or by amending
an existing medical marijuana ordinance/regulation to include nonmedical marijuana within its
scope.
B. License Revocation
Under the MMRSA, revocation of a local license or permit unilaterally terminates the ability of
the medical marijuana business to operate in the jurisdiction issuing the permit, until such time as
the local permitting entity reinstates it.32
Under the AUMA, if a local jurisdiction revokes a local license, permit, or authorization for a
licensee to engage in commercial marijuana activity within the local jurisdiction, the Bureau of
Marijuana Control must initiate proceedings to determine whether the state license issued should
be suspended or revoked within ten days of being notified by the local jurisdiction of the local
revocation.33 Note, however, that, even if the state license is not suspended or revoked
immediately, the business cannot operate within the local jurisdiction once local revocation
occurs.
27 Bus. & Prof. Code § 23202(a).
28 Bus. & Prof. Code § 19320(b).
29 Bus. & Prof. Code § 19322(a).
30 Bus. & Prof. Code § 26056.
31 Bus. & Prof. Code § 26055(e).
32 Bus. & Prof. Code § 19320(d).
33 Bus. & Prof. Code § 26200(c).
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C. Personal, Indoor Cultivation
Under the MMRSA, local governments possess the power to regulate and completely ban
personal, indoor cultivation.34 Under the AUMA local governments can “reasonably regulate”
indoor cultivation of up to six marijuana plants for personal use, but cannot ban it.35
D. Personal Outdoor Cultivation
Under the MMRSA local governments can prohibit all outdoor cultivation. Under the AUMA
local governments can prohibit all outdoor cultivation, until such time as the Attorney General
determines that the use of nonmedical marijuana is lawful in the State of California under federal
law.36 Upon such determination, the AUMA purports to repeal all local bans on outdoor
cultivation.37
E. Amendment
Any portion of the MMRSA can be amended at any time, if there is sufficient political support
within the Legislature for making substantive changes to the regulatory structure. Under some
circumstances, an amendment to the MMRSA by the Legislature might arguably violate The
Compassionate Use Act of 1996 (adopted by the voters as Proposition 215), which
decriminalized the personal use of medical marijuana.38
Under the AUMA, the Legislature may amend Sections 5 (relating to the use of medical
marijuana for medical purposes) and 6 (relating to state licensing) and the provisions relating to
penalties by majority vote. The Legislature may amend any other provision of the Act by a 2/3
vote. Any amendment must further the purposes and intent of the AUMA. The purpose and
intent of the Act include allowing local governments to ban nonmedical marijuana businesses.
F. Taxation
The AUMA imposes new state taxes on medical and nonmedical marijuana in the following
manner:
Effective January 1, 2018, the AUMA imposes an excise tax at the rate of 15% of gross
retail sales receipts.39
o This tax will be in addition to existing state and local sales tax.40 Given that state
and local sales taxes can range from 7-10%, the combined excise tax + sales tax at
the retail level could approach 25%;
34 Health & Saf. Code § 11362.777(g); Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, 984; Kirby v. County
of Fresno (2015) 242 Cal.App.4th 940, 969-970.
35 Bus. & Prof. Code § 11362.2(b)(1).
36 Bus. & Prof. Code § 11362.2(b)(4).
37 Bus. & Prof. Code § 11362.2(b)(4).
38 Health & Saf. Code § 11362.5.
39 Rev. & Tax Code § 34011(a).
40 Rev. & Tax Code § 34011(d).
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Effective January 1, 2018, the AUMA imposes a separate cultivation tax on all harvested
marijuana as follows:41
o $9.25 per dry-weight ounce on all marijuana flowers;
o $2.75 per dry-weight ounce on all marijuana leaves;
The AUMA prohibits imposition of state and local sales taxes on medical marijuana.42
The AUMA exempts marijuana cultivated for personal use from taxation.43
The AUMA does not pre-empt local taxation.44 However, the AUMA’s estimated cumulative tax
rate of nearly 35% on the purchase of nonmedical marijuana has potentially troubling
implications for local governments. A high state tax rate by itself may depress sales and
stimulate the black market. Any local taxation of marijuana should be governed by an awareness
that a high retail sales tax rate, imposed on an industry that, until recently, has not been regulated
at all, might stimulate black market activity and compromise the anticipated yield of revenue. In
order to avoid such a result, cities might consider imposing an excise tax on discrete commercial
nonmedical marijuana activities rather than on retail sales. New taxes on marijuana require
compliance with Proposition 218.
1. Allocation of State Tax Revenues
After repaying certain state agencies for marijuana regulatory costs not covered by license fees,
and making certain grants to universities for research and development and the Governor’s
Office of Business and Economic Development, the AUMA distributes the remaining tax
revenue as follows:
60% for youth programs, substance abuse education, prevention and treatment;
20% for environmental cleanup and remediation; and
20% for state and local programs that reduce DUI and grant programs designed to reduce
negative health impacts resulting from marijuana legalization
G. Deliveries
Under the MMRSA, medical marijuana deliveries can only be made from a state-licensed
dispensary in a city, county, or city and county that does not explicitly prohibit it by local
ordinance.45 A delivery person must carry a copy of the dispensary’s state-issued license, a
government ID, and a copy of the delivery request.46 The patient or caregiver requesting the
delivery must also maintain a copy of the delivery request.47 Dispensaries and delivery people
who comply with MMRSA are immune from prosecution for marijuana transportation.48
41 Rev. & Tax Code § 34012.
42 Rev. & Tax Code § 34011(g).
43 Rev. & Tax Code § 34012(j).
44 Rev. & Tax Code § 34021.
45 Bus. & Prof. Code § 19340(a).
46 Bus. & Prof. Code §§ 19340(b)(2), 19340(d).
47 Bus. & Prof. Code § 19340(e).
48 Bus. & Prof. Code § 19317(f).
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Under the AUMA, deliveries can be made by a state-licensed retailer, microbusiness, or
nonprofit unless they are prohibited by local ordinance.49 Although the AUMA does require a
customer requesting delivery to maintain a copy of the delivery request, there is no express
requirement that delivery people carry or maintain any records.50 Moreover, unlike the MMRSA,
the AUMA does not require that deliveries come from a dispensary. Instead, it states that
“Deliveries, as defined in this division, may only be made by a licensed retailer or microbusiness,
or a licensed nonprofit under Section 26070.5.”51 Thus, there is at least some question regarding
whether deliveries may be made from non-retail locations by retail employees.
Under both the MMRSA and the AUMA, local jurisdictions can ban or regulate deliveries within
their borders.52 However, local jurisdictions cannot prevent a delivery service from using public
roads to simply pass through its jurisdiction from a licensed dispensary to a delivery location
outside of its boundaries.53
III. Local Regulatory Options54
The AUMA preserves the authority of a city to adopt business regulations and land use
regulations for nonmedical marijuana activities.55
A. Personal Marijuana Cultivation
Under the AUMA local governments can regulate or prohibit all personal, outdoor cultivation,
until such time as the Attorney General determines that the use of nonmedical marijuana is
lawful in the State of California under federal law. In addition, local governments can
“reasonably regulate” personal, indoor cultivation. Nothing in the AUMA requires a city to enact
a regulatory scheme or ban by a certain date. However, assuming that the AUMA passes, if a city
does not have a ban or regulatory scheme governing personal cultivation in place before
November 9, 2016, a person may legally engage in personal cultivation of up to six marijuana
plants within the person’s private residence.
49 Bus. & Prof. Code §26090(a).
50 Bus. & Prof. Code §26090(b).
51 Bus. & Prof. Code § 26090(a).
52 Bus. & Prof. Code §§ 19340(a), 19316(a), 26200 .
53 Bus. & Prof. Code §§ 19340(f), 26080(b), 26090(c).
54 For a thorough discussion of the various marijuana regulatory options that a city may consider, see McEwen,
Medical Marijuana-Revisited After New State Laws (Spring 2016) <http://www.cacities.org/Resources -
Documents/Member-Engagement/Professional-Departments/City-Attorneys/Library/2016/Spring-2016/5-2016-
Spring-Medical-Marijuana-%E2%80%93-Revisited-After>. In addition, sample ordinances may be found on the
League’s website, at: http://www.cacities.org/Policy-Advocacy/Hot-Issues/Medical-Marijuana. But note: the
regulatory schemes discussed in the McEwen paper and posted on the League’s website pertain to medical
marijuana businesses under the MMRSA and may need to be modified to comply with the requirements of the
AUMA.
55 Health & Saf. Code § 11362.2; Bus. & Prof. Code §§ 26201, 26200(a).
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B. Nonmedical Marijuana Businesses
The AUMA recognizes a range of businesses, including dispensaries, cultivators, manufacturers,
distributors, transporters, and testing laboratories. Cities may expressly ban, adopt business
regulations, or adopt land use regulations pertaining to any or all of these businesses.
Again, the AUMA does not require a city to enact a regulatory scheme or ban by a certain date.
However, assuming that the AUMA passes in November, if a city wishes to regulate or ban
marijuana businesses before marijuana businesses may legally operate within the city, the
regulations or ban will need to take effect before the state begins issuing nonmedical marijuana
business licenses. The League anticipates that cities have until January 1, 2018 to enact bans or
regulations relating to nonmedical marijuana businesses, because: (1) nonmedical marijuana
businesses cannot operate in any city without a state license;56 (2) the state licensing agencies in
charge of implementing the AUMA have stated that they anticipate that they will not begin
issuing licenses under the MMRSA until January 2018, and it is unlikely that said agencies will
be able to begin issuing licenses under the AUMA before they begin issuing licenses under the
MMRSA; and (3) the AUMA does not require state agencies to issue licenses until January 1,
2018.57 It is not the League’s position that state licensing agencies cannot issue licenses before
January 1, 2018, just that it is unlikely that they will do so.
C. Caution Against Use of Permissive Zoning
Under a permissive zoning code, any use not enumerated in the code is presumptively prohibited,
unless an authorized city official finds that the proposed use is substantially the same in character
and intensity as those land uses listed in the code.58 Although the MMRSA upheld a city’s
authority to rely on permissive zoning to prohibit medical marijuana land uses, it is unlikely that
cities will succeed in arguing that nonmedical marijuana land uses are prohibited by permissive
zoning under the AUMA. This is so because: (1) the statutory language in the AUMA regarding
local control seems to anticipate that a city will adopt an ordinance explicitly prohibiting and/or
regulating nonmedical marijuana businesses (rather than relying on the silence of its Code to
argue for a prohibited use);59 (2) the AUMA does not contain the same protective language as the
56 Bus. & Prof. Code § 26038.
57 Bus. & Prof. Code § 26012 (c).
58 See City of Corona v. Naulls (2008) 166 Cal.App.4th 418, 433-436. See also County of Los Angeles v. Hill (2011)
192 Cal.App.4th 861, 871 [holding that “medical marijuana dispensaries and pharmacies are not ‘similarly situated’
for public health and safety purposes”]; City of Monterey v. Carrnshimba (2013) 215 Cal.App.4th 1068, 1091
[holding that a medical marijuana dispensary was not substantially similar to the listed commercial use
classifications for personal services, retail sales, pharmacies and medical supplies]; County of Tulare v. Nunes
(2013) 215 Cal.App.4th 1188, 1205 [holding that a medical marijuana collective did not qualify as an “agricultural”
land use because “marijuana is a controlled substance and is not treated as a mere crop or horticultural product under
the law”].
59 Bus. & Prof Code § 26200 [“Nothing in this division shall be interpreted to supersede or limit the authority of a
local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including,
but not limited to, local zoning and land use requirements, business license requirements, and requirements related
to reducing exposure to second hand smoke, or to completel y prohibit the establishment or operation of one or more
types of businesses licensed under this division within the local jurisdiction.”] (emphasis added).
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MMRSA with respect to permissive zoning;60 and (3) the AUMA explicitly designates
nonmedical marijuana as an agricultural product—thus if a city’s permissive zoning code
authorizes agricultural uses, the city may be precluded from arguing that marijuana is
prohibited.61 Therefore, cities that wish to ban all or some nonmedical marijuana activities
should adopt express prohibitions, even if they operate under a permissive zoning code.
IV. What actions need to be taken?
At this time city officials should: (1) review the city’s municipal code; (2) consider whether they
wish to regulate the personal cultivation of nonmedical marijuana indoors; (3) consider whether
they wish to regulate or ban the personal cultivation of nonmedical marijuana outdoors; (3)
consider whether they wish to enact business regulations of nonmedical marijuana businesses;
(4) consider whether they wish to enact land use regulations of nonmedical marijuana
businesses; and (5) consider whether they wish to enact local taxes on marijuana. Cities should
prioritize considering or enacting ordinances regulating personal nonmedical marijuana
cultivation, because it will be legal under state law on November 9, 2016 if the AUMA passes,
whereas nonmedical marijuana businesses will not be able to operate lawfully until the state
licensing system becomes operational (likely in late 2017). New taxes on marijuana require
compliance with Proposition 218.
60 Compare Health & Saf. Code § 11362.777(b)(3) [a “person or entity shall not submit an application for a state
license . . . if the proposed cultivation of marijuana will violate the provisions of any local ordinance or regulation,
or if medical marijuana is prohibited by the city, county, or city and county in which the cultivation is proposed to
occur, either expressly or otherwise under principles of permissive zoning”] with Bus. & Prof Code § 26205(e)
[“Licensing authorities shall not approve an application for a state license under this division if approval of the state
license will violate the provisions of any local ordinance or regulation adopted in accordance with Section 26200.”].
61 Bus. & Prof. Code § 26067(a).
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September 12, 2016
Frequently Asked Questions (FAQs)
Adult Use of Marijuana Act1
Proposition 64
Question#1: If passed, when will the AUMA take effect?
Answer: The AUMA will take effect November 9, 2016, the day after the election. But
note, the AUMA requires a state license to engage in commercial nonmedical marijuana
activity. Licensing authorities are required to begin issuing licenses by January 1, 2018
and the League anticipates that the issuance of licenses will not occur much in advance of
January 1, 2018. Thus, the AUMA provisions legalizing commercial nonmedical
marijuana activity will not become operational until the state begins issuing licenses
(likely in late-2017). The AUMA provisions legalizing personal use and cultivation of
nonmedical marijuana take effect November 9, 2016.
Question #2: Assuming the AUMA passes, can private individuals cultivate nonmedical
marijuana at home beginning November 9, 2016?
Answer: Yes, within a residence by a person 21 years and older for personal use. The
AUMA provides that local governments can reasonably regulate, but cannot prohibit
personal indoor cultivation of up to six marijuana plants. This includes cultivation in a
greenhouse that is on the property of the residence but not physically part of the home, as
long as it is fully enclosed, secure, and not visible from a public space. Because this
activity is not subject to state licensing requirements, private individuals may cultivate up
to six living marijuana plants indoors beginning November 9, 2016—unless a city enacts
an ordinance imposing a reasonable regulatory scheme that would preclude them from
doing so before complying with the city’s regulatory requirements. Cities cannot adopt
or enforce bans on private indoor cultivation of six living nonmedical marijuana plants on
or after November 9, 2016.
Local governments may regulate or ban all outdoor personal cultivation. However, the
AUMA includes language purporting to repeal any ordinance that bans personal outdoor
1 Please consult your City Attorney before taking action to implement the AUMA. The answers to these FAQs may
be different in your city based upon your municipal code, regulations, and policies. The answers do not constitute
legal advice from the League of California Cities®.
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cultivation upon the California Attorney General’s determination that nonmedical use of
marijuana is lawful under federal law.
Question #3: What does the AUMA say about possession, transporting, purchasing or giving
away of non-medical marijuana?
Answer: A person 21 years of age or older may possess, process, transport, purchase or
give away to persons 21 years of age or older not more than 28.5 grams of marijuana in
the non-concentrated form and not more than 8 grams of marijuana in a concentrated
form including marijuana products. If the AUMA passes, these activities will be lawful
under state law and cannot be prohibited under local law.
Question #4: Do cities that ban or regulate medical marijuana businesses need to update their
ordinances to include nonmedical marijuana?
Answer: Yes. The AUMA prohibits state licensing authorities from issuing a license to a
commercial nonmedical marijuana business if operation of the business violates a local
ordinance of the jurisdiction in which the business will operate. This means that a city
wishing to adopt business or land use regulations prohibiting or regulating commercial
nonmedical marijuana businesses must adopt an ordinance prior to the date the state
begins issuing licenses, which the League anticipates will be in late 2017.2
Question #5: Can cities be confident that a permissive zoning code, by itself, provides sufficient
protection against nonmedical marijuana businesses setting up shop without local approval?
Answer: No. It is unlikely that cities will succeed in arguing that nonmedical marijuana
land uses are prohibited by permissive zoning codes under the AUMA, because the
AUMA does not contain the same protective language as the MMRSA with respect to
permissive zoning. Therefore, cities that wish to ban all or some nonmedical marijuana
activities should adopt express prohibitions, even if they operate under a permissive
zoning code.
Question #6: Are cities at risk of losing the opportunity to impose bans on personal outdoor
cultivation if they don’t act until after the November election?
Answer: No. A city may adopt an ordinance banning or regulating personal outdoor
cultivation at any time. However, if a city does not adopt a ban or regulatory scheme
before November 9, 2016, individuals will be able to cultivate marijuana outdoors for
personal use until such time as the city enacts a ban or regulatory scheme. Because the
logistics of enforcing a ban after an individual’s outdoor cultivation operations have
begun, the best practice may be to adopt an ordinance before November 9, 2016.
Question #7: Are cities at risk of losing the opportunity to impose bans on nonmedical
marijuana businesses, if they don’t act until after the November election?
2 Please see Question #8 regarding the use of public roads for transportation and delivery.
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Answer: No. However, if a city does not adopt an ordinance expressly banning or
regulating nonmedical marijuana businesses before the state begins issuing state licenses
nonmedical businesses, a state-licensed nonmedical marijuana business will be able to
operate within its jurisdiction without local permission or permitting. This is due to a
provision in the AUMA that provides that state licenses cannot be issued where the
activity would violate a local ordinance. If a jurisdiction has no ordinance regulating
nonmedical marijuana businesses, then the local regulatory scheme is silent on that type
of activity, and the state can unilaterally issue a license under terms fully compliant with
the AUMA. Cities may adopt an ordinance expressly banning or regulating such
operations after the state begins to issue licenses, but it will be difficult to terminate the
state licensee’s operations until the state license is up for renewal. Therefore, the best
practice is to adopt an ordinance before the state begins issuing state licenses.
Question #8: Can cities ban deliveries under the AUMA?
Answer: Yes. Cities can ban deliveries within their territorial limits. However, cities
cannot prevent the use of public roads for the delivery of marijuana. For example, if a
licensed delivery company located in City A must travel on public roads through City B
to make an authorized delivery in City C, City B cannot prohibit the licensed delivery
company from travelling on public roads in City B to get to City C. In addition, cities
may not prevent the use of public roads within its jurisdiction to transport nonmedical
marijuana.
Question #9: What is the best way for cities to notify the state licensing agencies of their local
ordinances that regulate and/or prohibit commercial non-medical marijuana activities within their
jurisdictions?
Answer: Unless the state licensing agencies indicate otherwise, cities should mail copies
of their local ordinances that regulate or prohibit commercial nonmedical marijuana
activities within their jurisdictions to the Department of Consumer Affairs, the
Department of Food and Agriculture, and the Department of Public Health. Cities should
regularly check each Department’s website to ensure that this practice complies with any
regulations the Departments may pass regarding notice of local ordinances. In addition,
Cities should ensure that any updates or amendments to local ordinances that regulate or
prohibit commercial nonmedical marijuana activities are promptly submitted to each
Department.
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