HomeMy WebLinkAboutCC_2017_04_25_Agenda Packet
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, April 25, 2017
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
CITY COUNCIL CLOSED SESSION:
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;
Atascadero Police Association; Service Employees International Union,
Local 620; Mid-Management/Professional Employees; Non-
Represented Professional and Management Workers and Confidential
Employees
b. Conference with Property Negotiators (Govt. Code Sec. 54956.8)
Real Property: 5901 East Mall, Atascadero, California, 93422 (APN
029347020); and a vacant parcel on East Mall, Atascadero, California,
93422 (APN 029347033)
City Negotiators: Rachelle Rickard, City Manager
Negotiating Parties: County of San Luis Obispo and United States
Attorney
Subject of Negotiation: Purchase price and terms of payment
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Page 1 of 57
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION -- REPORT
ADJOURNMENT
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor O’Malley
ROLL CALL: Mayor O’Malley
Mayor Pro Tem Fonzi
Council Member Bourbeau
Council Member Moreno
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:
1. Proclamation recognizing Madrone Landscape for the Native Garden
Project at the Pavilion
2. Proclamation recognizing May 6, 2017 as Wildfire Preparedness Day
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.)
Page 2 of 57
1. City Council Draft Action Minutes – April 11, 2017
Recommendation: Council approve the City Council Draft Action Minutes
of the April 11, 2017 City Council Meeting. [City Clerk]
2. March 2017 Accounts Payable and Payroll
Fiscal Impact: $2,426,889.41
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for March 2017. [Administrative
Services]
3. FY2016/2017 Measure F-14 Maintenance Project Construction Award
Fiscal Impact: $286,530.00
Recommendations: Council:
1. Award a construction contract for Base Bid and Bid Alternate No. 1
in the total amount of $232,844 to R. Burke Corporation for the
FY2016/2017 Measure F-14 Pavement Maintenance Project
(Project No. C2016R05, Bid No. 2017-003).
2. Authorize the City Manager to execute a contract with R. Burke
Corporation in the amount of $232,844 for the construction of the
FY2016/2017 Measure F-14 Pavement Maintenance Project.
3. Authorize the Director of Public Works to file a Notice of Completion
with the County Recorder upon satisfactory completion of the
project. [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. Results of the Proposition 64 Community Outreach
Fiscal Impact: Any proposed ordinance amendment may impact staff
resources.
Recommendation: Council provide direction to staff towards next steps in
the process to update Title 9, Planning and Zoning, and any additional
ordinances in response to Proposition 64. [Community Development]
Page 3 of 57
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
1. Mayor Tom O’Malley
Mayor O’Malley will discuss and request Council direction regarding
advocating Integrated W aste Management Authority adopt a countywide ban
on polystyrene foam (Styrofoam).
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)
5. Integrated Waste Management Authority (IWMA)
Mayor Pro Tem 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)
Council Member Bourbeau
1. City of Atascadero Design Review Committee
2. Homeless Services Oversight Council
3. City of Atascadero Finance Committee
Council Member 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 Sturtevant
1. City / Schools Committee
2. League of California Cities – Council Liaison
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURN REGULAR MEETING
Page 4 of 57
I, Amanda Muther, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the
foregoing agenda for the April 25, 2017 Regular Session of the Atascadero City Council was posted on April 18,
2017, 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 April 2017, at Atascadero, California.
Amanda Muther, Deputy City Clerk
City of Atascadero
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 pub lic 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 of 57
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 that are either read into the record
or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office .
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the
Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to m ake 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 publ ic 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 b y 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 of 57
ITEM NUMBER: A-1
DATE: 04/25/17
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, April 11, 2017
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
CITY COUNCIL CLOSED SESSION:
Mayor O’Malley called Closed Session to order at 5:01 p.m.
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
Council Member Sturtevant arrived at 5:04 p.m.
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;
Atascadero Police Association; Service Employees International Union,
Local 620; Mid-Management/Professional Employees; Non-
Represented Professional and Management Workers and Confidential
Employees
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Page 7 of 57
ITEM NUMBER: A-1
DATE: 04/25/17
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION -- REPORT
ADJOURNMENT
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.
Hunter Roe and Joy Reynolds led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem
Fonzi and Mayor O’Malley.
Absent: None.
Staff Present: City Manager Rachelle Rickard, Administrative Services Director
Jeri Rangel, Public Works Director Nick DeBar, Police Chief Jerel
Haley, Fire Chief Casey Bryson, City Attorney Brian Pierik, Deputy
City Manager/City Clerk Lara Christensen.
APPROVAL OF AGENDA:
MOTION: By Council Member Sturtevant and seconded by Council
Member Moreno 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 5:0 by a roll-call vote.
PRESENTATIONS:
1. Bike Month Presentation by Peter Williamson of SLOCOG.
Peter Williamson, SLOCOG, gave a brief PowerPoint presentation on Bike Month.
2. Proclamation Recognizing April 2017 as Sexual Assault Awareness
Month.
The City Council presented the Proclamation to Ashleigh Vereen and Brandon
Covarrubias, RISE.
Page 8 of 57
ITEM NUMBER: A-1
DATE: 04/25/17
CONSENT CALENDAR:
1. City Council Draft Action Minutes – March 28, 2017 and March 30, 2017
Recommendation: Council approve the City Council Draft Action Minutes
of the March 28, 2017 City Council Meeting and the March 30, 2017
Special Joint Meeting. [City Clerk]
2. February 2017 Accounts Payable and Payroll
Fiscal Impact: $1,972,630.38
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for February 2017. [Administrative
Services]
3. Sign Ordinance Updates
Fiscal Impact: None.
Recommendations: Council adopt on second reading, by title only, Draft
Ordinance A, amending the Atascadero Municipal Code by Approving
PLN 2016-1608 / ZCH 2016-0182 Title 9, Chapter 15, Zoning Ordinance
Code Text Amendments – Sign Ordinance. [Community Development]
4. Weed/Refuse Abatement Program
Fiscal Impact: The City recovers costs for administering this program
through the fees charged to non-compliant parcels. These fees are
placed on the San Luis Obispo County Special Tax Assessment for the
fiscal year 2017-2018 Tax Roll.
Recommendation: Council adopt Draft Resolution, declaring vegetative
growth and/or refuse a public nuisance, commencing proceedings for the
abatement of said nuisances, and placing all abatement fees on the San
Luis Obispo County Special Tax Assessment for the fiscal year 2017-2018
Tax Roll. [Fire Department]
5. Council Norms and Procedures – Consideration of Amendments
Fiscal Impact: None.
Recommendation: Council review and approve the Council Norms and
Procedures for 2017. [City Manager]
MOTION: By Mayor Pro Tem Fonzi and seconded by Council Member
Bourbeau to approve the Consent Calendar. (#A-1: March 28,
2017 approved 4:0 by a roll-call vote and March 30, 2017
approved by a 3:0 roll-call vote – O’Malley abstained from the
March 28 and March 30, 2017 Minutes and Sturtevant abstained
from the March 30, 2017 Minutes) (#A-3: Ordinance No. 609) (#A-
4: Resolution No. 2017-004)
Motion passed 5:0 by a roll-call vote.
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
Page 9 of 57
ITEM NUMBER: A-1
DATE: 04/25/17
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Jeff Lamoine (Exhibit A), Matt
Walker, Jeremy Hutman (Exhibit B), and Derek Yellen.
Mayor O’Malley closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None.
C. MANAGEMENT REPORTS:
1. Groundwater Sustainability Agency Participation
Fiscal Impact: None.
Recommendation: Council direct staff to bring back, for Council
consideration, a Memorandum of Agreement with other participating
entities forming a Groundwater Sustainability Agency for the Atascadero
Basin on May 9, 2017, that:
a. Includes the City as a participating party in forming a Groundwater
Sustainability Agreement for the Atascadero Basin.
b. Provides for the City to be the governmental agency appointing the
representative for the Atascadero Mutual Water Company.
c. Includes the City as a voting party at a cost of 1% of the total cost
for developing the Groundwater Sustainability Plan and
administering the Groundwater Sustainability Agency. [City
Manager]
City Manager Rickard gave the staff report and answered questions from the Council.
John Neil, General Manager of Atascadero Mutual Water Company also answered
questions from the Council.
Mayor O’Malley reported that both he and Mayor Pro Tem Fonzi have attended
meetings and sat on Boards that deal with water issues in the City of Atascadero.
MOTION: By Council Member Bourbeau and seconded by Council Member
Fonzi to direct staff to bring back, for Council consideration, a
Memorandum of Agreement with other participating entities
forming a Groundwater Sustainability Agency for the Atascadero
Basin on May 9, 2017, that:
a. Includes the City as a participating party in forming a
Groundwater Sustainability Agreement for the Atascadero
Basin.
b. Provides for the City to be the governmental agency
appointing the representative for the Atascadero Mutual Water
Company.
c. Includes the City as a voting party at a cost of 1% of the total
cost for developing the Groundwater Sustainability Plan and
administering the Groundwater Sustainability Agency.
Motion passed 5:0 by a roll-call vote.
Page 10 of 57
ITEM NUMBER: A-1
DATE: 04/25/17
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. SLO Regional Transit Authority (RTA)
2. Integrated Waste Management Authority (IWMA)
Mayor Pro Tem Fonzi
1. Air Pollution Control District
2. City of Atascadero Design Review Committee
Council Member Bourbeau
1. City of Atascadero Design Review Committee
Council Member Moreno
1. City of Atascadero Finance Committee (Chair)
2. SLO Council of Governments (SLOCOG)
Council Member Sturtevant
1. City / Schools Committee
2. League of California Cities – Council Liaison
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURNMENT
Mayor O’Malley adjourned the meeting at 8:08 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
The following exhibit is available for review in the City Clerk’s office:
Exhibit A – Letter in support of CaliforniaFIRST provided by Jeff Lemoine
Exhibit B – Renew Financial informational packet provided by Jeremy Hutman
Page 11 of 57
ITEM NUMBER: A-2
DATE: 04/25/17
Page 12 of 57
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of March 2017
152062 03/03/2017 A & R CONSTRUCTION 1,346.00Accounts Payable Check
152063 03/03/2017 A & T ARBORISTS & VEGETATION 1,600.00Accounts Payable Check
152064 03/03/2017 AGM CALIFORNIA, INC.356.00Accounts Payable Check
152065 03/03/2017 ALL SIGNS AND GRAPHICS, LLC 542.44Accounts Payable Check
152066 03/03/2017 AMERICAN WEST TIRE & AUTO INC 1,310.95Accounts Payable Check
152067 03/03/2017 APPLIED EARTHWORKS, INC.811.30Accounts Payable Check
152068 03/03/2017 AT&T 945.91Accounts Payable Check
152069 03/03/2017 ATASCADERO HAY & FEED 689.54Accounts Payable Check
152070 03/03/2017 ATASCADERO NEWS 629.45Accounts Payable Check
152071 03/03/2017 ATASCADERO PICKLEBALL CLUB 2,079.72Accounts Payable Check
152072 03/03/2017 ATASCADERO YOUTH SOCCER ASSC 330.00Accounts Payable Check
152073 03/03/2017 TERRIE BANISH 100.00Accounts Payable Check
152074 03/03/2017 BASSETT'S CRICKET RANCH,INC.1,206.49Accounts Payable Check
152075 03/03/2017 BERRY MAN, INC.639.55Accounts Payable Check
152076 03/03/2017 GREGORY A. BRAZZI 135.00Accounts Payable Check
152077 03/03/2017 BURKE,WILLIAMS, & SORENSON LLP 14,299.99Accounts Payable Check
152078 03/03/2017 BUTLER BUSINESS MACHINES 122.84Accounts Payable Check
152079 03/03/2017 C3 CONSTRUCTION & DEVELOPMENT 4,164.51Accounts Payable Check
152080 03/03/2017 CA CODE CHECK, INC.7,483.26Accounts Payable Check
152081 03/03/2017 CHRISTOPHER M. CARNES 132.00Accounts Payable Check
152082 03/03/2017 GABRIEL A. CARROLL 33.00Accounts Payable Check
152083 03/03/2017 CENTRAL COAST R & R LOCK 32.33Accounts Payable Check
152084 03/03/2017 CHARTER COMMUNICATIONS 1,776.91Accounts Payable Check
152085 03/03/2017 LARA CHRISTENSEN 95.25Accounts Payable Check
152086 03/03/2017 CITIG, INC.1,925.01Accounts Payable Check
152087 03/03/2017 KAREN A. CLANIN 332.50Accounts Payable Check
152088 03/03/2017 COAST LINE DISTRIBUTING 232.60Accounts Payable Check
152089 03/03/2017 CRYSTAL SPRINGS WATER 29.70Accounts Payable Check
152090 03/03/2017 CT INTERNATIONAL 355.58Accounts Payable Check
152091 03/03/2017 MATTHEW J. CURRY 240.00Accounts Payable Check
152092 03/03/2017 NICHOLAS DEBAR 300.00Accounts Payable Check
152093 03/03/2017 PATRICIA DEIRMENJIAN 177.08Accounts Payable Check
152094 03/03/2017 DEPARTMENT OF TRANSPORTATION 101.67Accounts Payable Check
152095 03/03/2017 PHILIP DUNSMORE 300.00Accounts Payable Check
152096 03/03/2017 ED'S FLYMEAT LLC 46.20Accounts Payable Check
152097 03/03/2017 EIKHOF DESIGN GROUP, INC.450.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 04/25/17
ATTACHMENT: 1
Page 13 of 57
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of March 2017
152098 03/03/2017 AUSTIN E. ERB 65.00Accounts Payable Check
152099 03/03/2017 ESCUELA DEL RIO 408.00Accounts Payable Check
152100 03/03/2017 FARM SUPPLY COMPANY 45.01Accounts Payable Check
152101 03/03/2017 FERGUSON ENTERPRISES, INC.56.72Accounts Payable Check
152102 03/03/2017 GARCIA'S RESTAURANT 12.79Accounts Payable Check
152103 03/03/2017 GAS COMPANY 2,277.70Accounts Payable Check
152104 03/03/2017 GEM AUTO PARTS 162.70Accounts Payable Check
152105 03/03/2017 GREEN TRADING USA 156.68Accounts Payable Check
152106 03/03/2017 GREENFIELD'S TURF, INC.296.68Accounts Payable Check
152107 03/03/2017 GSOLUTIONS, INC.450.00Accounts Payable Check
152108 03/03/2017 H & S HOSPITALITY, LLC 44,800.05Accounts Payable Check
152109 03/03/2017 H.E., INC.7,096.16Accounts Payable Check
152110 03/03/2017 CHRISTOPHER HALL 102.00Accounts Payable Check
152111 03/03/2017 HART IMPRESSIONS PRINTING 47.41Accounts Payable Check
152112 03/03/2017 CHRISTOPHER HESTER 120.00Accounts Payable Check
152113 03/03/2017 ANN HOCHSTETLER 25.00Accounts Payable Check
152114 03/03/2017 ABIGAIL D. HURST 66.00Accounts Payable Check
152115 03/03/2017 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check
152116 03/03/2017 K & M INTERNATIONAL 2,214.35Accounts Payable Check
152117 03/03/2017 K PENCE CONSULTING 1,610.00Accounts Payable Check
152118 03/03/2017 BRENDAN P. KELSO 280.00Accounts Payable Check
152119 03/03/2017 LUKE KNIGHT 334.82Accounts Payable Check
152120 03/03/2017 LAYNE LABORATORIES, INC.612.56Accounts Payable Check
152121 03/03/2017 LEE WILSON ELECTRIC CO. INC 230.44Accounts Payable Check
152122 03/03/2017 LIFE ASSIST, INC.501.66Accounts Payable Check
152123 03/03/2017 ANNETTE MANIER 52.00Accounts Payable Check
152124 03/03/2017 SAMUEL HENRY MCMILLAN, JR.195.00Accounts Payable Check
152125 03/03/2017 METROMEDIA, INC.790.00Accounts Payable Check
152126 03/03/2017 MICHAEL BRANDMAN ASSOCIATES 15,975.00Accounts Payable Check
152127 03/03/2017 MID-COAST MOWER & SAW, INC.346.41Accounts Payable Check
152128 03/03/2017 MIDLAND CERRO ROBLE, LLC 8,118.66Accounts Payable Check
152129 03/03/2017 MINER'S ACE HARDWARE 154.83Accounts Payable Check
152130 03/03/2017 MISSION UNIFORM SERVICE 130.89Accounts Payable Check
152131 03/03/2017 MMASC 140.00Accounts Payable Check
152132 03/03/2017 MOSS, LEVY, & HARTZHEIM LLP 7,949.00Accounts Payable Check
152133 03/03/2017 MPI 84.32Accounts Payable Check
152134 03/03/2017 NEW TIMES 480.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 04/25/17
ATTACHMENT: 1
Page 14 of 57
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of March 2017
152135 03/03/2017 NORTHERN ENERGY 469.10Accounts Payable Check
152136 03/03/2017 OFFICE DEPOT INC.582.92Accounts Payable Check
152137 03/03/2017 ANJANETTE ORDONEZ 145.00Accounts Payable Check
152138 03/03/2017 O'REILLY AUTOMOTIVE, INC.20.33Accounts Payable Check
152139 03/03/2017 TARA ORLICK 40.66Accounts Payable Check
152140 03/03/2017 PACE COMMUNICATIONS, INC.3,650.00Accounts Payable Check
152142 03/03/2017 PACIFIC GAS AND ELECTRIC 12,701.71Accounts Payable Check
152143 03/03/2017 PHILLIPS INTERNATIONAL, INC.682.20Accounts Payable Check
152144 03/03/2017 PHIL'S CATERING SERVICE 1,043.83Accounts Payable Check
152145 03/03/2017 PRINTPAL PROMOTIONS & PRINTING 58.33Accounts Payable Check
152146 03/03/2017 PROCARE JANITORIAL SUPPLY,INC.143.17Accounts Payable Check
152147 03/03/2017 PRP COMPANIES 221.95Accounts Payable Check
152148 03/03/2017 PRW STEEL SUPPLY, INC.430.17Accounts Payable Check
152149 03/03/2017 JERI RANGEL 300.00Accounts Payable Check
152150 03/03/2017 RECOGNITION WORKS 415.38Accounts Payable Check
152151 03/03/2017 DOMINIC S. REYES 132.00Accounts Payable Check
152152 03/03/2017 RACHELLE RICKARD 595.24Accounts Payable Check
152153 03/03/2017 ROSSI TRANSPORT SERVICE 66.37Accounts Payable Check
152154 03/03/2017 S. CHAVEZ CONSTRUCTION, INC.73,053.10Accounts Payable Check
152155 03/03/2017 S. LOMBARDI & ASSOCIATES 3,000.00Accounts Payable Check
152156 03/03/2017 SAM'S TREE SERVICE 1,200.00Accounts Payable Check
152157 03/03/2017 MICHELE SCHAMBER 120.00Accounts Payable Check
152158 03/03/2017 KEITH B. SCHMIDT 90.00Accounts Payable Check
152159 03/03/2017 SCOTT O'BRIEN FIRE & SAFETY CO 416.51Accounts Payable Check
152160 03/03/2017 DIEGO SEGOVIA 102.00Accounts Payable Check
152161 03/03/2017 SERVICE SYSTEMS ASSC, INC.2,000.00Accounts Payable Check
152162 03/03/2017 THE SHERWIN-WILLIAMS COMPANY 134.63Accounts Payable Check
152163 03/03/2017 JOHN C. SIEMENS 30.10Accounts Payable Check
152164 03/03/2017 SLO COUNTY SHERIFF'S OFFICE 492.45Accounts Payable Check
152165 03/03/2017 JASON SMITH 108.00Accounts Payable Check
152166 03/03/2017 SPECTRUM REACH 1,100.00Accounts Payable Check
152167 03/03/2017 BRUCE ST. JOHN 10.00Accounts Payable Check
152168 03/03/2017 STAPLES CREDIT PLAN 1,116.86Accounts Payable Check
152169 03/03/2017 STATE BOARD OF EQUALIZATION 33.17Accounts Payable Check
152170 03/03/2017 STATEWIDE TRAFFIC SAFETY&SIGNS 633.44Accounts Payable Check
152171 03/03/2017 SUNLIGHT JANITORIAL, INC.2,019.00Accounts Payable Check
152172 03/03/2017 SUNSET SERVICE CENTER 342.21Accounts Payable Check
ITEM NUMBER: A-2
DATE: 04/25/17
ATTACHMENT: 1
Page 15 of 57
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of March 2017
152173 03/03/2017 SUPERIOR QUALITY COPIERS, INC.110.00Accounts Payable Check
152174 03/03/2017 SUPERIOR ROOFING 282.84Accounts Payable Check
152175 03/03/2017 MARYANN TARDIFF, ESQ.275.00Accounts Payable Check
152176 03/03/2017 TEMPLETON UNIFORMS, LLC 23.58Accounts Payable Check
152177 03/03/2017 CHRISTOPHER DANIEL THOMAS 90.00Accounts Payable Check
152178 03/03/2017 TY, INC.381.00Accounts Payable Check
152179 03/03/2017 U.S. POSTMASTER 225.00Accounts Payable Check
152180 03/03/2017 ULTREX BUSINESS PRODUCTS 67.97Accounts Payable Check
152181 03/03/2017 UNITED STAFFING ASSC., INC.1,832.38Accounts Payable Check
152182 03/03/2017 SABRINA T. VAN BEEK 52.00Accounts Payable Check
152183 03/03/2017 VERDIN 14,053.47Accounts Payable Check
152184 03/03/2017 WALLACE GROUP 12,826.00Accounts Payable Check
152185 03/03/2017 WARM FUZZY TOYS 349.74Accounts Payable Check
152186 03/03/2017 BRANDON J. WELLS 60.00Accounts Payable Check
152187 03/03/2017 WEST COAST AUTO & TOWING, INC.1,718.69Accounts Payable Check
152188 03/03/2017 WESTERN JANITOR SUPPLY 175.05Accounts Payable Check
152189 03/03/2017 WEX BANK - 76 UNIVERSL 7,779.00Accounts Payable Check
152190 03/03/2017 WISHPETS CO.158.92Accounts Payable Check
152191 03/08/2017 ALLSTATE WORKPLACE DIVISION 2,325.31Payroll Vendor Payment
152192 03/08/2017 ANTHEM BLUE CROSS HEALTH 161,457.63Payroll Vendor Payment
152193 03/08/2017 LINCOLN NATIONAL LIFE INS CO 1,514.50Payroll Vendor Payment
152194 03/08/2017 MEDICAL EYE SERVICES 1,806.20Payroll Vendor Payment
152195 03/08/2017 PREFERRED BENEFITS INSURANCE 9,323.60Payroll Vendor Payment
152196 03/09/2017 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment
152197 03/09/2017 ATASCADERO POLICE OFFICERS 1,149.00Payroll Vendor Payment
152198 03/09/2017 ATASCADERO PROF. FIREFIGHTERS 829.25Payroll Vendor Payment
152199 03/09/2017 MASS MUTUAL WORKPLACE SOLUTION 6,050.50Payroll Vendor Payment
152200 03/09/2017 NATIONWIDE RETIREMENT SOLUTION 681.86Payroll Vendor Payment
152201 03/09/2017 NAVIA BENEFIT SOLUTIONS 1,119.22Payroll Vendor Payment
152202 03/09/2017 SEIU LOCAL 620 935.67Payroll Vendor Payment
152203 03/09/2017 VANTAGEPOINT TRNSFR AGT 106099 337.31Payroll Vendor Payment
152204 03/09/2017 VANTAGEPOINT TRNSFR AGT 304633 3,139.30Payroll Vendor Payment
2525 03/10/2017 STATE DISBURSEMENT UNIT 335.08Payroll Vendor Payment
2526 03/10/2017 HEALTHEQUITY, INC.7,050.01Payroll Vendor Payment
2527 03/10/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,418.89Payroll Vendor Payment
ITEM NUMBER: A-2
DATE: 04/25/17
ATTACHMENT: 1
Page 16 of 57
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of March 2017
2528 03/10/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 38,536.99Payroll Vendor Payment
2529 03/10/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,778.95Payroll Vendor Payment
2530 03/10/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,654.20Payroll Vendor Payment
2531 03/10/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,740.33Payroll Vendor Payment
2532 03/10/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 3,213.53Payroll Vendor Payment
2533 03/10/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 6,895.30Payroll Vendor Payment
152205 03/13/2017 CHEVRON & TEXACO BUS. CARD 142.88Accounts Payable Check
152206 03/13/2017 SHELL 65.23Accounts Payable Check
2534 03/14/2017 RABOBANK, N.A.48,044.95Payroll Vendor Payment
2535 03/14/2017 EMPLOYMENT DEV DEPARTMENT 12,267.95Payroll Vendor Payment
2536 03/14/2017 EMPLOYMENT DEV. DEPARTMENT 1,866.22Payroll Vendor Payment
2537 03/15/2017 BANK OF NEW YORK MELLON 371,968.75Accounts Payable Check
152207 03/17/2017 A & R CONSTRUCTION 1,553.00Accounts Payable Check
152208 03/17/2017 AIR-RITE REFRIGERATION 85.00Accounts Payable Check
152209 03/17/2017 ALTHOUSE & MEADE, INC.160.27Accounts Payable Check
152210 03/17/2017 AMERICAN MARBORG 107.20Accounts Payable Check
152211 03/17/2017 AMERICAN WEST TIRE & AUTO INC 3,200.38Accounts Payable Check
152212 03/17/2017 EVA R. AREBALO 14.40Accounts Payable Check
152214 03/17/2017 AT&T 984.50Accounts Payable Check
152215 03/17/2017 AT&T 33.72Accounts Payable Check
152216 03/17/2017 ATASCADERO 76 110.00Accounts Payable Check
152218 03/17/2017 ATASCADERO MUTUAL WATER CO.2,923.40Accounts Payable Check
152219 03/17/2017 ATASCADERO NEWS 904.50Accounts Payable Check
152220 03/17/2017 ATASCADERO PICKLEBALL CLUB 146.70Accounts Payable Check
152221 03/17/2017 AUTO GLASS CENTRAL COAST 298.72Accounts Payable Check
152222 03/17/2017 TERRIE BANISH 585.82Accounts Payable Check
152223 03/17/2017 BIG RED MARKETING, INC.2,500.00Accounts Payable Check
152224 03/17/2017 GREGORY A. BRAZZI 330.00Accounts Payable Check
152225 03/17/2017 DEBRA R. BREWER 28.00Accounts Payable Check
152226 03/17/2017 SHIRLEY R. BRUTON 439.20Accounts Payable Check
152227 03/17/2017 BURT INDUSTRIAL SUPPLY 183.95Accounts Payable Check
152228 03/17/2017 BUTLER BUSINESS MACHINES 122.84Accounts Payable Check
152229 03/17/2017 CA CODE CHECK, INC.4,236.91Accounts Payable Check
152230 03/17/2017 CAL-COAST IRRIGATION, INC 324.07Accounts Payable Check
152231 03/17/2017 CALPORTLAND COMPANY 6,464.69Accounts Payable Check
ITEM NUMBER: A-2
DATE: 04/25/17
ATTACHMENT: 1
Page 17 of 57
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of March 2017
152232 03/17/2017 CARLTON HOTEL 105.00Accounts Payable Check
152233 03/17/2017 CHRISTOPHER M. CARNES 108.00Accounts Payable Check
152234 03/17/2017 GABRIEL A. CARROLL 77.00Accounts Payable Check
152235 03/17/2017 CERTIFIED FOLDER DISPLAY SVC 325.00Accounts Payable Check
152236 03/17/2017 CHARTER COMMUNICATIONS 89.98Accounts Payable Check
152237 03/17/2017 KATHLEEN J. CINOWALT 171.50Accounts Payable Check
152238 03/17/2017 COASTAL COPY, LP 322.17Accounts Payable Check
152239 03/17/2017 COASTAL REPROGRAPHIC SERVICES 16.20Accounts Payable Check
152240 03/17/2017 ALEXANDER J. COOPER 169.00Accounts Payable Check
152241 03/17/2017 JOHN COUCH 600.00Accounts Payable Check
152242 03/17/2017 REGINA CRIPPEN 38.50Accounts Payable Check
152243 03/17/2017 CRYSTAL SPRINGS WATER 105.15Accounts Payable Check
152244 03/17/2017 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check
152245 03/17/2017 CULTURAL RESOURCE MANAGEMENT 2,155.00Accounts Payable Check
152246 03/17/2017 CALEB M. DAVIS 179.00Accounts Payable Check
152247 03/17/2017 DEEP BLUE INTEGRATION, INC.460.00Accounts Payable Check
152248 03/17/2017 TAYLOR M. DEGNAN 132.00Accounts Payable Check
152249 03/17/2017 CHARLES DICKEY 368.50Accounts Payable Check
152250 03/17/2017 EL CAMINO CAR WASH 19.99Accounts Payable Check
152251 03/17/2017 ELITE COMMAND TRAINING, LLC 8,000.00Accounts Payable Check
152252 03/17/2017 ESCUELA DEL RIO 68.00Accounts Payable Check
152253 03/17/2017 FARM SUPPLY COMPANY 125.65Accounts Payable Check
152254 03/17/2017 FEDERAL EXPRESS 34.94Accounts Payable Check
152255 03/17/2017 FENCE FACTORY ATASCADERO 1,963.42Accounts Payable Check
152256 03/17/2017 FENCE FACTORY SANTA MARIA 4,199.00Accounts Payable Check
152257 03/17/2017 FERRELL'S AUTO REPAIR 740.39Accounts Payable Check
152258 03/17/2017 FGL ENVIRONMENTAL 355.00Accounts Payable Check
152259 03/17/2017 FITNESS EDGE EXERCISE EQUIP.494.22Accounts Payable Check
152260 03/17/2017 GAS COMPANY 407.27Accounts Payable Check
152261 03/17/2017 GILBERT'S LANDSCAPES 407.91Accounts Payable Check
152262 03/17/2017 BRADLEY A. HACKLEMAN 819.00Accounts Payable Check
152263 03/17/2017 CHRISTOPHER HALL 51.00Accounts Payable Check
152264 03/17/2017 HART IMPRESSIONS PRINTING 392.13Accounts Payable Check
152265 03/17/2017 ABIGAIL D. HURST 66.00Accounts Payable Check
152266 03/17/2017 INFORMATION TECHNOLOGY 1,114.36Accounts Payable Check
152267 03/17/2017 INHOUSE SECURITY SERVICE, LLC 693.00Accounts Payable Check
152268 03/17/2017 THE INK CO.383.92Accounts Payable Check
ITEM NUMBER: A-2
DATE: 04/25/17
ATTACHMENT: 1
Page 18 of 57
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of March 2017
152269 03/17/2017 JIFFY LUBE 59.57Accounts Payable Check
152270 03/17/2017 K PENCE CONSULTING 2,070.00Accounts Payable Check
152271 03/17/2017 WADE S. KNOWLES 143.00Accounts Payable Check
152272 03/17/2017 LEE WILSON ELECTRIC CO. INC 1,648.00Accounts Payable Check
152273 03/17/2017 LARISSE LOPEZ 174.00Accounts Payable Check
152274 03/17/2017 MADRONE LANDSCAPES, INC.6,972.00Accounts Payable Check
152275 03/17/2017 DEVON MAULE 39.00Accounts Payable Check
152276 03/17/2017 SAMUEL HENRY MCMILLAN, JR.60.00Accounts Payable Check
152277 03/17/2017 MEDPOST URGENT CARE-PASO ROBLE 530.00Accounts Payable Check
152278 03/17/2017 RILEY A. METE 434.00Accounts Payable Check
152279 03/17/2017 MICHAEL K. NUNLEY & ASSC, INC.2,099.05Accounts Payable Check
152280 03/17/2017 MINER'S ACE HARDWARE 498.37Accounts Payable Check
152281 03/17/2017 MISSION UNIFORM SERVICE 538.65Accounts Payable Check
152282 03/17/2017 REON C MONSON 327.00Accounts Payable Check
152283 03/17/2017 MUNICIPAL MAINT EQUIPMENT, INC 493.88Accounts Payable Check
152284 03/17/2017 MV TRANSPORTATION, INC.10,977.99Accounts Payable Check
152285 03/17/2017 NORTH COAST ENGINEERING INC.2,794.75Accounts Payable Check
152286 03/17/2017 NORTH COUNTY GLASS 25.00Accounts Payable Check
152287 03/17/2017 OFFICE DEPOT INC.293.32Accounts Payable Check
152288 03/17/2017 ANJANETTE ORDONEZ 128.00Accounts Payable Check
152289 03/17/2017 O'REILLY AUTOMOTIVE, INC.25.08Accounts Payable Check
152290 03/17/2017 PACIFIC GAS AND ELECTRIC 33,953.53Accounts Payable Check
152291 03/17/2017 PASO ROBLES SAFE & LOCK, INC.162.34Accounts Payable Check
152292 03/17/2017 PC MECHANICAL, INC.1,085.00Accounts Payable Check
152293 03/17/2017 ROBIN K. PENDLEY 40.00Accounts Payable Check
152294 03/17/2017 PRAXAIR DISTRIBUTION, INC.28.80Accounts Payable Check
152295 03/17/2017 PROCARE JANITORIAL SUPPLY,INC.1,503.27Accounts Payable Check
152296 03/17/2017 R. BURKE CORPORATION 81,542.02Accounts Payable Check
152297 03/17/2017 RADAR SHOP, INC.721.00Accounts Payable Check
152298 03/17/2017 RAMINHA CONSTRUCTION, INC.3,642.58Accounts Payable Check
152299 03/17/2017 RECOGNITION WORKS 6.47Accounts Payable Check
152300 03/17/2017 DOMINIC S. REYES 99.00Accounts Payable Check
152301 03/17/2017 RRM DESIGN GROUP 8,192.25Accounts Payable Check
152302 03/17/2017 SAFETY DRIVERS ED., LLC.26.60Accounts Payable Check
152303 03/17/2017 SAN LUIS POWERHOUSE, INC.270.00Accounts Payable Check
152304 03/17/2017 SCOTT O'BRIEN FIRE & SAFETY CO 818.00Accounts Payable Check
152305 03/17/2017 SHORIN-RYU KARATE 336.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 04/25/17
ATTACHMENT: 1
Page 19 of 57
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of March 2017
152306 03/17/2017 SLO COUNTY CLERK-RECORDER 22,150.95Accounts Payable Check
152307 03/17/2017 SMITH STRUCTURAL GROUP, LLP 1,250.00Accounts Payable Check
152308 03/17/2017 RYAN SMITH 3.20Accounts Payable Check
152309 03/17/2017 CONNER M. SPEARS 20,000.00Accounts Payable Check
152310 03/17/2017 BRUCE ST. JOHN 10.00Accounts Payable Check
152311 03/17/2017 STANLEY CONVERGENT SECURITY 525.00Accounts Payable Check
152312 03/17/2017 STAPLES CREDIT PLAN 125.94Accounts Payable Check
152313 03/17/2017 STATE WATER RES CONTROL BOARD 230.00Accounts Payable Check
152314 03/17/2017 STATEWIDE TRAFFIC SAFETY&SIGNS 2,263.99Accounts Payable Check
152315 03/17/2017 SUNLIGHT JANITORIAL, INC.1,700.00Accounts Payable Check
152316 03/17/2017 SUPERIOR CRANE & TRANSPORT 264.00Accounts Payable Check
152317 03/17/2017 TAG INVESTORS, LLC 12,500.62Accounts Payable Check
152318 03/17/2017 RONALD R. TARICA 180.00Accounts Payable Check
152319 03/17/2017 TRIBUNE 5,137.90Accounts Payable Check
152325 03/17/2017 U.S. BANK 34,890.78Accounts Payable Check
152326 03/17/2017 ULTREX BUSINESS PRODUCTS 267.34Accounts Payable Check
152327 03/17/2017 UNITED STAFFING ASSC., INC.1,750.32Accounts Payable Check
152328 03/17/2017 IWINA M. VAN BEEK 100.00Accounts Payable Check
152329 03/17/2017 SABRINA T. VAN BEEK 65.00Accounts Payable Check
152330 03/17/2017 TYSON VAN HORN 75.31Accounts Payable Check
152331 03/17/2017 VERDIN 12,583.11Accounts Payable Check
152332 03/17/2017 VERIZON WIRELESS 2,449.53Accounts Payable Check
152333 03/17/2017 VISITOR TELEVISION LLC 640.00Accounts Payable Check
152334 03/17/2017 BRANDON J. WELLS 180.00Accounts Payable Check
152335 03/17/2017 WEST COAST AUTO & TOWING, INC.669.86Accounts Payable Check
152336 03/17/2017 WILLIAMS FLOORING AMERICA, INC 1,550.00Accounts Payable Check
152337 03/17/2017 BONNIE WILLIAMS 21.40Accounts Payable Check
152338 03/17/2017 KAREN B. WYKE 607.50Accounts Payable Check
152339 03/23/2017 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment
152340 03/23/2017 ATASCADERO POLICE OFFICERS 1,174.00Payroll Vendor Payment
152341 03/23/2017 ATASCADERO PROF. FIREFIGHTERS 829.25Payroll Vendor Payment
152342 03/23/2017 MASS MUTUAL WORKPLACE SOLUTION 6,190.50Payroll Vendor Payment
152343 03/23/2017 NATIONWIDE RETIREMENT SOLUTION 650.58Payroll Vendor Payment
152344 03/23/2017 NAVIA BENEFIT SOLUTIONS 1,119.22Payroll Vendor Payment
152345 03/23/2017 NAVIA BENEFIT SOLUTIONS 50.00Payroll Vendor Payment
152346 03/23/2017 SEIU LOCAL 620 938.64Payroll Vendor Payment
ITEM NUMBER: A-2
DATE: 04/25/17
ATTACHMENT: 1
Page 20 of 57
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of March 2017
152347 03/23/2017 VANTAGEPOINT TRNSFR AGT 106099 337.31Payroll Vendor Payment
152348 03/23/2017 VANTAGEPOINT TRNSFR AGT 304633 3,139.30Payroll Vendor Payment
2538 03/24/2017 STATE DISBURSEMENT UNIT 335.08Payroll Vendor Payment
2539 03/24/2017 HEALTHEQUITY, INC.7,050.01Payroll Vendor Payment
2540 03/24/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,304.03Payroll Vendor Payment
2542 03/24/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,838.90Payroll Vendor Payment
2543 03/24/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,442.72Payroll Vendor Payment
2544 03/24/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,945.25Payroll Vendor Payment
2545 03/24/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 3,213.53Payroll Vendor Payment
2546 03/24/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 7,008.48Payroll Vendor Payment
3541 03/24/2017 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 38,414.29Payroll Vendor Payment
2547 03/28/2017 RABOBANK, N.A.48,920.25Payroll Vendor Payment
2548 03/28/2017 EMPLOYMENT DEV DEPARTMENT 12,601.06Payroll Vendor Payment
2549 03/28/2017 EMPLOYMENT DEV. DEPARTMENT 1,848.24Payroll Vendor Payment
152349 03/31/2017 29TONIGHT, CO.393.17Accounts Payable Check
152350 03/31/2017 AGP VIDEO, INC.2,772.50Accounts Payable Check
152351 03/31/2017 AIR-RITE REFRIGERATION 378.48Accounts Payable Check
152352 03/31/2017 ALL SIGNS AND GRAPHICS, LLC 659.43Accounts Payable Check
152353 03/31/2017 ALTHOUSE & MEADE, INC.837.50Accounts Payable Check
152354 03/31/2017 AMERICAN WEST TIRE & AUTO INC 1,244.05Accounts Payable Check
152355 03/31/2017 ANDREW BROWN GENERAL ENG, INC.113,534.41Accounts Payable Check
152356 03/31/2017 APPLIED EARTHWORKS, INC.547.98Accounts Payable Check
152357 03/31/2017 KELLY AREBALO 77.00Accounts Payable Check
152358 03/31/2017 AT&T 328.95Accounts Payable Check
152359 03/31/2017 AT&T 838.34Accounts Payable Check
152360 03/31/2017 ATASCADERO CHAMBER OF COMMERCE 40.00Accounts Payable Check
152361 03/31/2017 ATASCADERO HAY & FEED 1,138.99Accounts Payable Check
152362 03/31/2017 ATASCADERO MUTUAL WATER CO.166.20Accounts Payable Check
152363 03/31/2017 ATASCADERO UNIFIED SCHOOL DIST 2,900.00Accounts Payable Check
152364 03/31/2017 ATV, INC.200.00Accounts Payable Check
152365 03/31/2017 BAKER, DONELSON 4,361.50Accounts Payable Check
152366 03/31/2017 BERRY MAN, INC.383.45Accounts Payable Check
152367 03/31/2017 CA CODE CHECK, INC.4,210.63Accounts Payable Check
152368 03/31/2017 CERTIFIED FOLDER DISPLAY SVC 1,564.51Accounts Payable Check
152369 03/31/2017 CHARTER COMMUNICATIONS 12,129.15Accounts Payable Check
ITEM NUMBER: A-2
DATE: 04/25/17
ATTACHMENT: 1
Page 21 of 57
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of March 2017
152370 03/31/2017 CINDY CHAVEZ 15.00Accounts Payable Check
152371 03/31/2017 COAST RIDERS POWERSPORTS 4,530.81Accounts Payable Check
152372 03/31/2017 COASTAL COPY, LP 324.42Accounts Payable Check
152373 03/31/2017 COASTAL REPROGRAPHIC SERVICES 468.93Accounts Payable Check
152374 03/31/2017 COBAN TECHNOLOGIES, INC.2,739.04Accounts Payable Check
152375 03/31/2017 CORAGGIO GROUP, INC.8,608.25Accounts Payable Check
152376 03/31/2017 CORELOGIC SOLUTIONS, LLC.125.00Accounts Payable Check
152377 03/31/2017 CIMON J. CORMIER 60.00Accounts Payable Check
152378 03/31/2017 CROP PRODUCTION SERVICES, INC.729.74Accounts Payable Check
152379 03/31/2017 CRYSTAL SPRINGS WATER 134.35Accounts Payable Check
152380 03/31/2017 DAN BIDDLE PEST CONTROL SERVIC 135.00Accounts Payable Check
152381 03/31/2017 DELTA LIQUID ENERGY 80.00Accounts Payable Check
152382 03/31/2017 DOCUTEAM 252.23Accounts Payable Check
152383 03/31/2017 DORE DAVIS DESIGN 1,777.68Accounts Payable Check
152384 03/31/2017 ED'S FLYMEAT LLC 46.20Accounts Payable Check
152385 03/31/2017 ESCUELA DEL RIO 306.00Accounts Payable Check
152386 03/31/2017 FARM SUPPLY COMPANY 79.35Accounts Payable Check
152387 03/31/2017 FEDEX OFFICE 581.72Accounts Payable Check
152388 03/31/2017 FGL ENVIRONMENTAL 458.00Accounts Payable Check
152389 03/31/2017 FOOD FOR LESS 80.16Accounts Payable Check
152390 03/31/2017 PHYLLIS FRIEND 42.00Accounts Payable Check
152391 03/31/2017 FRIENDS OF HEARST CASTLE 4,200.00Accounts Payable Check
152392 03/31/2017 GAS COMPANY 521.98Accounts Payable Check
152393 03/31/2017 GEM AUTO PARTS 538.52Accounts Payable Check
152394 03/31/2017 KELLY GLEASON 293.58Accounts Payable Check
152395 03/31/2017 DORA GRAY 1,783.00Accounts Payable Check
152396 03/31/2017 GSOLUTIONZ, INC.63,085.56Accounts Payable Check
152397 03/31/2017 SCOTT HALLETT 325.00Accounts Payable Check
152398 03/31/2017 HANLEY AND FLEISHMAN, LLP 740.00Accounts Payable Check
152399 03/31/2017 HART IMPRESSIONS PRINTING 559.97Accounts Payable Check
152402 03/31/2017 HOME DEPOT CREDIT SERVICES 8,648.41Accounts Payable Check
152403 03/31/2017 EVELYN R. INGRAM 812.00Accounts Payable Check
152404 03/31/2017 J. CARROLL CORPORATION 1,714.49Accounts Payable Check
152405 03/31/2017 K & M INTERNATIONAL 272.68Accounts Payable Check
152406 03/31/2017 KIDZ LOVE SOCCER 2,689.05Accounts Payable Check
152407 03/31/2017 KIWANIS CLUB OF ATASCADERO 500.00Accounts Payable Check
152408 03/31/2017 KPRL 1230 AM 320.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 04/25/17
ATTACHMENT: 1
Page 22 of 57
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of March 2017
152409 03/31/2017 LEE WILSON ELECTRIC CO. INC 1,428.00Accounts Payable Check
152410 03/31/2017 LEHIGH HANSON 305.50Accounts Payable Check
152411 03/31/2017 LENHARDT ENGINEERING, INC.513.50Accounts Payable Check
152412 03/31/2017 JACKSON LIGHT 140.00Accounts Payable Check
152413 03/31/2017 BECKY MAXWELL 34.57Accounts Payable Check
152414 03/31/2017 SAMUEL HENRY MCMILLAN, JR.60.00Accounts Payable Check
152415 03/31/2017 MICHAEL K. NUNLEY & ASSC, INC.3,342.50Accounts Payable Check
152416 03/31/2017 MID-COAST MOWER & SAW, INC.82.05Accounts Payable Check
152417 03/31/2017 MINER'S ACE HARDWARE 456.55Accounts Payable Check
152418 03/31/2017 MISCO WATER 17,920.81Accounts Payable Check
152419 03/31/2017 MISSION UNIFORM SERVICE 183.78Accounts Payable Check
152420 03/31/2017 MONSOON CONSULTANTS 17,412.50Accounts Payable Check
152421 03/31/2017 NBS 6,265.63Accounts Payable Check
152422 03/31/2017 PAUL NETZ 325.00Accounts Payable Check
152423 03/31/2017 NEW TIMES 782.00Accounts Payable Check
152424 03/31/2017 NORTHWEST ZOOPATH, P.C.325.00Accounts Payable Check
152425 03/31/2017 OFFICE DEPOT INC.454.91Accounts Payable Check
152426 03/31/2017 O'REILLY AUTOMOTIVE, INC.86.03Accounts Payable Check
152427 03/31/2017 TARA ORLICK 64.74Accounts Payable Check
152428 03/31/2017 RON OVERACKER 538.25Accounts Payable Check
152429 03/31/2017 PACIFIC GAS AND ELECTRIC 742.26Accounts Payable Check
152430 03/31/2017 PASO ROBLES FORD LINCOLN MERC 161.05Accounts Payable Check
152431 03/31/2017 PAVEMENT ENGINEERING, INC.27,266.25Accounts Payable Check
152432 03/31/2017 ROBIN K. PENDLEY 80.00Accounts Payable Check
152433 03/31/2017 PENGUIN RANDOM HOUSE, LLC 411.26Accounts Payable Check
152434 03/31/2017 PRAXAIR DISTRIBUTION, INC.59.46Accounts Payable Check
152435 03/31/2017 PROCARE JANITORIAL SUPPLY,INC.847.32Accounts Payable Check
152436 03/31/2017 PRP COMPANIES 311.25Accounts Payable Check
152437 03/31/2017 QUINCY ENGINEERING, INC.14,561.70Accounts Payable Check
152438 03/31/2017 QUINN RENTAL SERVICES 285.47Accounts Payable Check
152439 03/31/2017 JERI RANGEL 15.00Accounts Payable Check
152440 03/31/2017 REPUBLIC ELEVATOR COMPANY 744.00Accounts Payable Check
152441 03/31/2017 SAFEGUARD BUSINESS SYSTEMS,INC 1,625.75Accounts Payable Check
152442 03/31/2017 SAINT LOUIS ZOO 371.88Accounts Payable Check
152443 03/31/2017 SAM'S TREE SERVICE 800.00Accounts Payable Check
152444 03/31/2017 THE SHERWIN-WILLIAMS COMPANY 37.44Accounts Payable Check
152445 03/31/2017 GERE SIBBACH 1,088.40Accounts Payable Check
ITEM NUMBER: A-2
DATE: 04/25/17
ATTACHMENT: 1
Page 23 of 57
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of March 2017
152446 03/31/2017 JOHN C. SIEMENS 150.50Accounts Payable Check
152447 03/31/2017 SLO CO AIR POLLUTION CTRL DIST 406.70Accounts Payable Check
152448 03/31/2017 SLO COUNTY SHERIFF'S OFFICE 106.00Accounts Payable Check
152449 03/31/2017 SMART AND FINAL 91.56Accounts Payable Check
152450 03/31/2017 SOUTH COAST EMERGENCY VEH SVC 198.40Accounts Payable Check
152451 03/31/2017 CONNER M. SPEARS 1,920.00Accounts Payable Check
152452 03/31/2017 STANLEY CONVERGENT SECURITY 527.92Accounts Payable Check
152453 03/31/2017 STATEWIDE TRAFFIC SAFETY&SIGNS 492.04Accounts Payable Check
152454 03/31/2017 STOVE & SPA CENTER 10.93Accounts Payable Check
152455 03/31/2017 SUN BADGE COMPANY 75.65Accounts Payable Check
152456 03/31/2017 SUNLIGHT JANITORIAL, INC.1,236.00Accounts Payable Check
152457 03/31/2017 CALLIE TAYLOR 15.95Accounts Payable Check
152458 03/31/2017 DEBRA E. TIDD 275.00Accounts Payable Check
152459 03/31/2017 UNITED STAFFING ASSC., INC.875.16Accounts Payable Check
152460 03/31/2017 UNIVAR USA, INC.7,897.65Accounts Payable Check
152461 03/31/2017 IWINA M. VAN BEEK 200.00Accounts Payable Check
152462 03/31/2017 VERIZON WIRELESS 284.99Accounts Payable Check
152463 03/31/2017 WALLACE GROUP 8,745.65Accounts Payable Check
152464 03/31/2017 WEST COAST AUTO & TOWING, INC.1,671.44Accounts Payable Check
$1,886,089.79
ITEM NUMBER: A-2
DATE: 04/25/17
ATTACHMENT: 1
Page 24 of 57
ITEM NUMBER: A-3
DATE: 04/25/17
Atascadero City Council
Staff Report – Public Works Department
FY2016/2017 Measure F-14 Maintenance Project Construction Award
RECOMMENDATIONS:
Council:
1. Award a construction contract for Base Bid and Bid Alternate No. 1 in the total
amount of $232,844 to R. Burke Corporation for the FY2016/2017 Measure F -14
Pavement Maintenance Project (Project No. C2016R05, Bid No. 2017 -003).
2. Authorize the City Manager to execute a contract with R. Burke Corporation in
the amount of $232,844 for the construction of the FY2016/2017 Measure F-14
Pavement Maintenance Project.
3. Authorize the Director of Public Works to file a Notice of Completion with the
County Recorder upon satisfactory completion of the project.
DISCUSSION:
Background:
Sales Tax Measure F-14 was approved by voters in November 2014, resulting in an
increase in the citywide sales tax rate of 0.5% effective April 1, 2015. Measure E-14
was also approved by voters, which advises Measure F-14 monies be used primarily on
repair and maintenance of local, neighborhood roadways - defined generally as
residential and collector roadways. Each fiscal year roadways are included in the Sales
Tax Measure F-14 Budget, and are selected using the Critical Point Method within the
City’s Pavement Management Program.
Page 25 of 57
ITEM NUMBER: A-3
DATE: 04/25/17
The FY 2016/2017 F-14 Maintenance Project includes the following roadway segments:
Road Name From To Area (sf) Current PCI
Colorado Road San Rafael Road San Diego Way 55,314 86
Estrada Ave San Anselmo Road San Jacinto Ave 39,000 73
La Linea Ave West End El Camino Real 19,875 78
La Linea Ave El Camino Real El Dorado Road 32,500 66
Navajoa Ave Santa Ynez Ave Atascadero Ave 26,875 54
Navajoa Ave Atascadero Ave San Andres Ave 12,980 52
Navajoa Ave San Andres Ave Curbaril Ave 54,340 64
Serra Ave Atascadero Ave San Andres Ave 17,400 68
Sycamore Road Hidalgo Ave Miramon Ave 14,700 68
Public Works staff reviewed the nine roadway segments to determine actual condition
and recommended maintenance measures. Additionally, the City hired Pavement
Engineering Inc. (PEI) to complete roadway deflection testing, coring and provide
pavement treatment recommendations. Type II slurry seal treatment was
recommended and will be used for these road segments. In addition to slurry seal
treatments, some minor roadway reconstruction and drainage improvements are
included, but are not a significant portion of the overall work.
During construction, some inconvenience is expected to vehicular and pedestrian traffic
along the roadway segments. The Contractor will be required to prepare a traffic control
plan, and City staff will work with the Contractor to minimize travel delays and
impediments to driveways. Property owners on each roadway segment will be notified
of the construction schedule prior to work beginning.
A Finding of Exemption was prepared for this project under CEQA requirements. This
project was determined to be Categorically Exempt under Section 15301, Existing
Facilities. Notice of Determination is on file.
Analysis:
The project was advertised for a minimum of 30 days, starting March 2, 2017, with the
bid opening on April 4, 2017. A total of five (5) bids were received. Base bids ranged
from a low of $209,194 to a high of $405,005. Bid Alternate No. 1 ranged from a low of
$21,500 to a high of $64,500. The low base bid of $209,194 was received from R.
Burke Corporation, and R. Burke also submitted the low combined bid of $232,844
(Base Bid + Bid Alternative No. 1). Bids were reviewed for accuracy and compliance
with the City of Atascadero bidding requirements and were determined to be
responsive.
Bid Alternate No. 1 involves partial reconstruction of Navajoa Ave. near the intersection
with Atascadero Avenue. A large portion of Navajoa Ave., between San Andres and
Atascadero Avenue, was recently improved in conjunction with the construction of an
adjacent private development. The remaining portion of the roadway not completed
under separate private projects will be reconstruction by Bid Alternate No. 1.
Page 26 of 57
ITEM NUMBER: A-3
DATE: 04/25/17
On April 6, 2017, R. Burke requested a substitution of subcontractor due to a clerical
error in their bid. City staff was provided with documentation which clearly demonstrated
the error was clerical only and meets the requirements of Public Contract Code Section
4107(a)(5) for substitution of listed subcontractors. Pursuant to the Public Contract
Code, the listed subcontractor had six days (until April 12, 2017 at 2:00 p.m.) to submit
a written objection, and no objection was received.
The low base bid was in-line with the engineer’s estimate of $220,600 and is reasonable
for the scope of work. With the addition of the Bid Alternate, this project would still be
within the total Project budget if the construction contingency is lowered to 15%.
Typical construction contingency for City Capital Projects is 20%. However, due to the
low risk of this type of project (minimal excavation), 15% contingency is expected to be
sufficient. For reference, the actual total contingency costs incurred during the
FY2015/2016 Measure F-14 Pavement Maintenance Project was 2.0%.
Conclusion:
Staff recommends that the City Council authorize the City Manager to execute a
contract with R. Burke Corporation in the amount of $232,844 for construction of the
FY2016/2017 Measure F-14 Pavement Maintenance Project.
FISCAL IMPACT:
The project is included in the adopted FY 2015-2017 budget and is funded with
$286,530 in Measure F-14 Funding.
EXPENDITURES
Design and Bid Phase $ 5,400
Construction Contract $ 232,844
Staff/Inspection/Testing/Construction Administration (5.7%) $ 13,356
Contingency (15%) $ 34,930
Total Estimated Expenditure: $ 286,530
PROPOSED FUNDING SOURCES
Budgeted Measure F-14 Project Funds $ 286,530
Total Estimated Expenditure: $ 286,530
ALTERNATIVES:
Council may direct staff to rebid the project. This is not recommended since bids are
determined to be reasonable and fair, and a rebid will likely result in higher bid
proposals.
ATTACHMENTS:
1. Bid Summary
Page 27 of 57
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
04/25/17
1
Page 28 of 57
ITEM NUMBER: C-1
DATE: 04/25/17
Atascadero City Council
Staff Report - Community Development Department
Results of the Proposition 64 Community Outreach
RECOMMENDATION:
Council provide direction to staff towards next steps in the process to update Title 9,
Planning and Zoning, and any additional ordinances in response to Proposition 64.
REPORT-IN-BRIEF:
Proposition 64, passed by voters on November 8, 2016, allows for the State to issue
licenses for commercial non-medical and medical marijuana related industries including
retail sales, commercial cultivation, testing and manufacturing. It also allows for the
personal cultivation and use of marijuana for adults 21 years of age or older. In addition
to licensing, the State will collect taxes including excise taxes, and sales taxes.
Municipalities may elect to collect additional taxes on both medical and non -medical
marijuana in addition to the State excise taxes. Excise taxes collected by municipalities
may go to specific accounts or the general fund. Any new taxes proposed will need to
be approved by voters residing in the City.
To gather public input, City Staff held three (3) open house sessions in February and
March 2017 to discuss cannabis and the concerns with crafting ordinances in response
to Proposition 64, also known as the Adult Use of Marijuana Act (AUMA). Over 550
responds filled out the community questionnaire either in person or through our online
source. The process was an excellent learning opportunity for both staff and community
members.
The City currently has three (3) ordinances in place that deal with public smoking and
medical marijuana. Although the feedback heard at the City’s outreach events was
generally in favor of allowing cannabis based business, staff also heard concerns
regarding Community image, crime, increased access to minors, and issues associated
with driving under the influence and public use. Based on the feedback, existing laws,
and the AUMA, City Council will need to provide City Staff direction on how to best
proceed with municipal code amendments.
Page 29 of 57
ITEM NUMBER: C-1
DATE: 04/25/17
DISCUSSION:
Background:
In 1996, California voters approved the Compassionate Use Act, de-criminalizing the
cultivation, possession, and use of marijuana for medical purposes for both qualified
patients and their primary caregivers.
At the regular March 22, 2016 City Council hearing, the Council voted to adopt an
ordinance that responded to State AB 243 (Medical Marijuana Regulation and Safety
Act / MMRSA), continuing the City’s prohibition on all medical marijuana facilities,
including dispensaries and deliveries however allowing for the personal cultivation of
marijuana, for qualified patients. Qualified patients are allowed up to six (6) mature and
twelve (12) immature plants per residence or up to nine (9) mature or fifteen (15)
immature plants per property if there are multiple licensed patients.
Since this action, the voters of the State of California approved Proposition 64, the Adult
Use of Marijuana Act (AUMA) on November 8, 2016. Within the City of Atascadero,
Proposition 64 garnered 55.6% in favor of legalization of recreational marijuana
(Cannabis) while 44.3% opposed the proposition.
Proposition 64 legalized the use of non -medical, recreational cannabis for those
persons 21 years of age or older and established a new State Agency (Bureau of
Marijuana Control) that will regulate and license the marijuana industry, including the
existing medical marijuana industry. The State’s licensing bureau is now known as
CalCannabis Cultivation licensing. They are a state licensing agency under the
California Department of Food and Agriculture. In the absence of a local ordinance
either banning or regulating specific non-medical recreational marijuana activity, the
State may issue a license to businesses that meet standards established for
commercial retail operations, cultivation, and testing facilities, etc. The agency intends
to be able to issue these licenses beginning January 1, 2018
Reliance on land use definitions, use tables, and the existing medical marijuana
ordinance is no longer sufficient to regulate business associated with cannabis. Prior to
January 1, 2018, the City must have amendments in place in the Atascadero Municipal
Code (AMC) to respond to Proposition 64.
City Staff has formulated a process to inform residents and the Council over several
phases to allow a logical and thoughtful process to build local consensus towards a
local ordinance on this topic.
Phase 1 – Gathering public feedback and information for City
dissemination. This portion of the phase has been complete.
Phase 2 – Direction from the City Council on the formulation of local
ordinances. Phase 2 of this process will culminate with this Study
Session.
Phase 3 – Based on direction from the Council, an additional study
session, potentially with the Planning Commission, to review proposed
Page 30 of 57
ITEM NUMBER: C-1
DATE: 04/25/17
ordinances and solicit feedback from the Council, and residents on any
potential changes that need to be completed.
Phase 4 would culminate with the required public hearings, including
Planning Commission, and City Council.
To gather a better understanding of local concerns and provide information for the City
Council, City Staff held a series of public outreach meetings in February and March , in
conjunction with an online questionnaire, to solicit input and feedback on the issue of
recreational cannabis retail sales, personal cultivation, commercial cultivation, and
public smoking of both marijuana and tobacco products.
Analysis:
The first section of the report focuses on the existing City Ordinances and the basic
rules of the AUMA (Prop 64). The second section focus es public outreach that was
completed and a summary of those efforts . The 3rd section will discuss what options
that City has to adopt “local ordinances” pertaining to both pers onal and commercial
operations.
Section 1 – Existing City Ordinances & the Nuts and Bolts of the AUMA
This section of focuses on existing City Ordinances pertaining to medical mariju ana and
public smoking. It will also break down the Adult Use of Marijuana (AUMA) to better
understand options the City Council has to move forward based on the extent of the law
and public feedback.
The City has codified two (2) ordinances in relation to medical marijuana and public
smoking. Those ordinances are included as Attachment 2 and Attachment 3. The City’s
medical marijuana allows the following:
All cultivation for medical marijuana is for personal use only.
The ordinance prohibits all retail/dispensary sales, commercial cultivation,
wholesale distribution, testing facilities, manufacturing of medical marijuana.
All plants must be grown indoors unless completely screened from view of other
properties, and the public.
Any electrical work, construction, or conversion of living space for cultivation will
require a construction permit.
Any structure or site utilized for marijuana cultivation shall be consistent with the
City of Atascadero Municipal code (i.e. you may not build or use an unpermitted
structure for the purpose of cultivation).
Up to six (6) mature or twelve (12) immature plants per person.
Up to nine (9) mature or fifteen (15) immature plants per property if there are
multiple licensed patients.
Medical marijuana deliveries or transport to a qualified patient or person with an
identification card, as those terms are defined in Health and Safety Code Section
11362.7, for whom he or she is the primary caregiver within the meaning of
Health and Safety Code Sections 11362.5 and 11362.7(d) is allowed.
Page 31 of 57
ITEM NUMBER: C-1
DATE: 04/25/17
AMUA Definitions:
What does the State consider a
residence in the AUMA? A
residence is defined as a single
family home, manufactured or
mobile home, an apartment unit,
or any other dwelling type
structure.
Additionally, the City currently has two (2) smoking ordinances codified. The first deals
with prohibiting smoking in certain public places and the second was codified in and
updated in 2013 to prohibit smoking in Public Parks and the Sunken Gardens. Current
City ordinances are less restrictive than the State of California and these ordinances
should be updated as part of the Proposition 64 process. The chart below compares
City and State smoking prohibitions.
Smoking Prohibited
by The City of
Atascadero
Smoking Prohibited
by State
All Enclosed indoor
Work Places
X
Within 20-feet of a
“public building” (i.e.
City Hall, Skate Park)
X
Within All Public
Buildings
X X
Within All Public Parks X
Outdoor Recreation
Areas
X
Sidewalks contiguous
to Parks / Zoo and 100-
feet of Sunken Gardens
X
AUMA – Personal Use
On November 8, 2016, the voters of California passed the Adult Use of Marijuana Act
(AMUA). Certain portions of the voter initiative went into effect immediately including the
following for personal consumption:
the ability to use non-medical marijuana for person
21 years of age or older;
the ability to possess, process, transport, purchase,
obtain, or give away 28.5 grams (g) of non -
concentrated, non-medical marijuana or 8 grams (g)
of concentrated marijuana products (i.e. wax, oil,
hash, dabs);
the ability to smoke, ingest, etc. marijuana or marijuana products;
the ability to possess, plant, cultivate, harvest, dry or process up to six (6) plants
per residence for personal use.
These personal use regulations went into effect as of November 9, 2016. At this point ,
the ability to legally purchase marijuana from a state licensed facility does not exist.
Additionally, the AUMA has set up additional restrictions that have also gone int o effect
as of November 9, 2016. These restrictions include the following:
No smoking or consuming marijuana products in public places;
No smoking where smoking tobacco is prohibited;
Page 32 of 57
ITEM NUMBER: C-1
DATE: 04/25/17
No smoking within 1,000 feet of a school, day care center (including large/small
family care facilities), or youth center unless it is within a private residence;
No smoking or ingestion in facilities that serve or sell alcohol, tobacco or the
combination of the two;
No open possession of marijuana or marijuana products in an automobile;
No smoking in motor vehicles or boats (i.e. cars, bikes, and motorboats);
Property owners have the ability to restrict personal grows on their private
property through rental agreements.
AUMA – Commercial Activities
As a part of the AUMA, the State is preparing the framework to establish 19 different
types of commercial non-medical marijuana related licenses. The license types break
down as follows:
13 of these license deal with the commercial cultivation all dependent on the size
of the operation, whether the operation is located indoors, outdoors, or with
mixed operations;
2 manufacturing licenses pertaining to non-volatile / volatile solvents used for
processing;
1 license for testing;
1 license retail sales;
1 license for wholesale distribution;
1 license for what is considered a “microbusiness” (small retail and cultivation not
exceeding 10,000 sf in size).
All medical and non-medical marijuana businesses must have a State license in order
to operate. The State anticipates issuing these licenses starting January 2018. These
licenses are valid for one (1) year and may be renewed annually. A separate license is
required for each business location. The State cannot issue licenses to applicants
whose operations violate the provisions of any local ordinances or regulations. The
AUMA includes a list of minimum requirements in order to issue licenses to businesses:
A license will not be issued to a business licensed as a retailer of alcoholic
beverages or tobacco shop (i.e. smoke shops, headshops, liquor stores, etc.);
A license will not be issued to a business that is within 600 -feet of a school,
daycare, center, or youth center (a municipality may adopt a larger radius);
A license will not be issued if the business violates any local ordinance or
regulations in effect prior at the time or prior to license issuance;
Business does not meet minimum requirements to obtain a license issued by
various state agencies.
Additionally, AUMA allows for municipalities to outlaw delivery services to de liver to
residents residing in a municipality. However, the AUMA is explicit that a municipality
cannot ban delivery services from utilizing roads within a municipality to make a delivery
to another jurisdiction (i.e. a delivery service based out of Califo rnia Valley cannot be
denied access to City roads to a client residing in Cayucos).
Page 33 of 57
ITEM NUMBER: C-1
DATE: 04/25/17
Youth programs,
substance abuse,
education etc.
60%
Enviornmental
Clean Up &
Remediation
20%
Law Enforcement
/ Health Impacts
20%
Percentage Allocation
Taxation of Marijuana
The AUMA lumps both medical and non-medical marijuana for the purposes of taxation
and local excise taxes. To get a better understanding of taxation, the AUMA authorizes
the State of California to collect the following excise taxes on medical and non -medical
marijuana;
15% excise tax on gross retail receipts for medical dispensaries and non-medical
retail outlets;
$9.25 per dry weight ounce on marijuana flower excise tax for medical and non -
medical cultivation;
$2.75 per dry weight ounce on marijuana leaves excise tax for medical and non-
medical cultivation;
Sales tax to be collected on all non-medical retail sales.
Personal cultivation of both medical and non-medical marijuana is exempt from
cultivation taxes imposed by the State.
The AUMA authorizes a local municipality the ability to impose additional excise taxes
in addition to the State excises taxes. Those include:
New Business licenses taxes for cultivation, dispensaries, retail sales,
manufacturing, and delivery services;
Business regulatory fees to recover cost of implementing both medical and non -
medical commercial operations.
These additional taxes would require voter approval and would need 2/3 voter approval
if the tax is utilized for a specific reason (i.e. law enforcement services / roads) versus a
general tax that goes into the General Fund.
Allocation of State Taxes
The State Legislative Analysis estimates that additional tax revenue from the
legalization of non-medical marijuana will range from the high hundreds of millions of
dollars to over $1 billion dollars annually. The AUMA has allocated where those monies
are to be expended. Any City or County that completely bans cultivation, including
Page 34 of 57
ITEM NUMBER: C-1
DATE: 04/25/17
outdoor personal cultivation, retail sales, dispensary sales, etc. may not be eligible for
the grant monies derived from AUMA state excise tax collection. At this time the State is
crafting final language on the allocation of granting funding and specific details are not
available.
Section 2 – AUMA Outreach
City Staff hosted three (3) open houses to discuss AUMA regulations and listen to their
concerns and thoughts. These open house sessions included City Staff listening to
residents thoughts about the AUMA laws, and asking questions from a questionnaire in
a one-on-one format. No formal presentation was given at any of the open houses
sessions. The three open houses were well attended with approximately 25 people at
each event.
In addition to the City’s Open House sessions, City Staff elicited feedback from an
online questionnaire. The questionnaire consisted of the same questions that were
asked of participants at the open houses. The online survey was limited so that
participants could only fill out a survey once, based on their computer or mobile
device’s IP (internet protocol) address.
The questions included the following:
1. Do you live in the City of Atascadero?
2. How do you feel about outdoor marijuana commercial cultivation for personal use
on private property?
3. What are your thoughts on commercial cultivation/production for wholesale
distribution?
4. How do you feel about the regulated retail sales of marijuana and marijuana
products within the City?
5. What is your comfort level allowing marijuana testing facilities that test for
pesticides, fertilizers, and drug levels of marijuana with no retail or wholesale
public sales?
6. What do you think about allowing a manufacturing facility associated with
marijuana products within the City?
7. What is your comfort level with deliveries of marijuana or related products to
adults within the City?
8. What are your thoughts on smoking either tobacco or marijuana related product s
in public places?
The City received over 550 responses, with over 84 percent of the respondents
claiming to reside in the City. While this was not a statistically valid survey, a lot of good
information, thoughts and concerns were shared with City staff. Those who attended
the meetings where appreciative of the effort the City was making in addressing this
topic overall. City Staff also received numerous comments from its social media pages
on giving the ability to fill out the questionnaire online and providing an additional forum
to voice comments, concerns, in an open, inviting format.
Page 35 of 57
ITEM NUMBER: C-1
DATE: 04/25/17
In summary, those that supported commercial cannabis in the City were in favor of all
forms of commercial activities, while those that did not support were generally opposed
to all forms of commercial activity.
Wordcloud on comments received from commercial cultivation
Based on both the online and the open house questionnaires completed by attendees,
almost 3/4 of the respondents were comfortable or in support of allowing the following
within the City Limits:
Outdoor cultivation for personal use;
Commercial cultivation for wholesale distribution;
Testing facilities;
Manufacturing facilities;
Retail sales;
Deliveries.
Respondents whom were generally not in favor of legalizing cannabis related
commerce included the following comments:
Marijuana remains an illegal class I substance;
Generally a public safety risk;
Potential access issues with minors will be exacerbated;
Concerned that edible products will be marketed to youth
Smell and other appearance issues.
Concerned about overall impact on perception of Atascadero
Page 36 of 57
ITEM NUMBER: C-1
DATE: 04/25/17
Changes to social status and availability of cannabis may induce greater
use/abuse
Not legal federally
May induce crime due to cash and product storage
Attachment 1 includes generalized responses tabulated for Council review, both in
support and against responses.
Section 3 – City Council Options
To give the City Council an idea of the type of authority to allow or prohibit certain
activities related to non-medical marijuana uses the following is a list of items the City
cannot ban:
Persons 21 years of age older may possess, process, transport, purchase,
obtain, or give away 28.5 grams (g) of non-concentrated, non-medical marijuana
or 8 grams (g) of concentrated marijuana products;
Persons 21 years of age or older may smoke or ingest marijuana or marijuana
related products in their residence;
The City may not prevent transportation of marijuana or marijuana related
products on public roads in the City (includes all roads whether public or privately
maintained, but have a dedicated right-of-way);
The City cannot prohibit the indoor cultivation of six (6) plants or less for personal
use per residence (not per resident). A residence is defined as a single family
home, second unit, apartment dwelling, or other similar dwelling unit.
Currently the City has a medical marijuana ordinance that prohibits all commercial
medical marijuana activities, but includes regulations for personal cultivatio n that does
not match the AUMA’s 6 plants. Additionally the City has a public smoking ban but does
not define things such as “outdoor recreation” which may be too broad of a definition to
regulate and includes ban on smoking in some public places that has not been updated
since the State of California further restricted indoor smoking in the late 1990’s and
early 2000’s. The AUMA is flexible to allow certain activities with in the City. The City
Council is encouraged to have an open discussion on directing Staff on how to proceed.
The following is a summary of items that the City has an authority to allow, prohibit or
regulate:
The City can choose to allow or ban deliverie s to individuals or properties in the
City for both medical and non-medical marijuana;
The City Council may define what is considered a “public place” in regards to
smoking and consuming marijuana products. Is this visible from the street? Does
this include private parking lots? Any ordinance crafted should define this.
The City can reasonably regulate indoor cultivations (i.e. requiring use permits
or other approvals for indoor cultivation for personal use in multi-family zones,);
The City can allow, ban, or adopt reasonable regulations such as setbacks,
screening requirements, etc. for outdoor cultivation for personal use on private
property;
Page 37 of 57
ITEM NUMBER: C-1
DATE: 04/25/17
The City can allow with regulations or ban commercial cultivation of medical or
non-medical marijuana;
The City can allow with regulations or ban retail sales and/or dispensaries of
medical and non-medical marijuana;
The can allow with regulations, or ban testing facilities for marijuana;
The City can allow with regulations, or ban manufacturing facilities of either Type
1 or Type 2 marijuana or marijuana related products;
The City can allow, with regulation, or ban microbusiness related to medical and
non-medical marijuana;
The City can amend its current tobacco regulations to further specify banning of
smoking or ingesting of marijuana and marijuana related products and tobacco
products in public places such as other City Parks or other areas as deemed
appropriate.
The following is a general summary of each of the topics that need direction to City
staff. These items need to be addressed through new or amended ordinances. Staff
has included a box list of tools that can be used to regulate these areas of the AUMA to
address the concerns voiced in the public outreach, as well as, address supporters that
wish the City implement the AUMA. These tools can be used in combination or stand
alone.
1. Personal Cultivation – Indoors
While personal cultivation cannot be banned, it can be reasonably regulated. The
City may wish to regulate personal indoor cultivation to ensure the following:
Lighting, ventilation, and other building modifications that potentially support
indoor personal grows are completed consistent with the California Building
Code;
Ensure indoor grows are not concentrated in zones with higher resi dential
populations (i.e. RMF-20 zones), where landlords may lack the vision to
revise rental contracts explicitly prohibiting indoor cultivation;
Assist our police department with a data base of personal grows.
Potential Tools
Maintain
Status Quo
Allow personal indoor cultivation in all residential zones for both medical and
non-medical cannabis.
Ensure ordinance address modifications to residence s that require building
permits.
Let property owners decide whether to prohibit personal indoor cultivation on
rental properties.
Review the number of plants permitted to match medical and non-medical
cannabis for ease of enforcement.
Reasonable
Regulations
Initial permitting process for consistency with the California Building Code.
Allow personal indoor cultivation for a limited number of plants (more than 6)
Regulations regarding definitions of “residence” in multi-family zones. (ie-
not in a sleeping area, require each residence to have a resident.)
Establish penalties for violations that should be used as a deterrent to
breaking the maximum amount of plants allowed.
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DATE: 04/25/17
2. Outdoor marijuana cultivation for personal use on private property.
Currently, the City allows outdoor personal cultivation of medical cannabis within
City Limits, however the ordinance is written in a manner that does not provide
any setbacks, location on the property, and only requires screening if a property
contains multiple dwellings.
Based on feedback from residents, the Council should take into consideration
the following:
Some residents are concerned about the potential element for crime because
of outdoor cannabis grows, even for personal use;
Ensure that some regulations are in place such as screening, location on a
property etc.;
Potentially assist our police department in regulated outdoor personal grows
with registration system.
Ensuring some level of property rights are maintained since this voter
initiative has passed.
Potential Tools
Maintain
Status Quo
Allow outdoor personal cultivation in all residential zones, and screened
only in the multi-family zones for both medical and non-medical cannabis.
Ensure ordinance address modifications to residences that require building
permits.
Let property owners decide whether to prohibit personal outdoor cultivation
on rental properties.
Review the number of plants permitted to match medical and non-medical
cannabis for ease of enforcement.
Prohibit Prohibit all outdoor personal cultivation in all residential zones. Codification
should be explicit and include residential uses in non-residential zones or
non-conforming residential uses.
Allow with
Standards
Establish setbacks from property lines.
Ability for outdoor personal grows with a minimum lot size.
Establish a distance that the outdoor personal grow can be located from a
residence. The City’s existing animal ordinance can be used as an
example. This may include nearby residences.
Have screening requirements. Regulate the types of fencing that may be
utilized to ensure neighborhood compatibility.
Establish a fee, through a study, requiring all personal outdoor grows
register their grow with the City. These would be inspected for consistency
with the ordinance and ensure consistency with the California Building
Code.
Require an Administrative Use Permit with a reasonable fee, for all
residences.
3. Commercial cultivation.
Currently, the City prohibits all commercial cultivation for medical cannabis in all
zones throughout the City. The existing ordinance does not address recreational
cannabis cultivation. An ordinance would need to be in place prior to January 1,
2018 addressing commercial cultivation of non-medical cannabis.
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Based on feedback received, as well as, Staff analysis, the Council should take
into consideration the following:
The location of Commercial cultivation, if allowed, should be taken into
consideration. This includes potentially allowing a commercial cultivation on
larger residential lots, ag zones, industrial zones, certain commercial zones,
etc.
Limiting the type of commercial cultivation, if allowed based on license types
issued by the State.
Security of the commercial cultivation and how this may affect neighborhood
compatibility.
Local taxation of commercial cultivation and the process to set up new fees,
taxes, etc. and potential increase in City revenues.
Policing issues that may arise from commercial cultivation.
The potential for a new economic development tool.
Potential Tools
Maintain
Status Quo
Prohibit all commercial cultivation for both non-medical and medical
cannabis.
Allow with
Standards
Allow commercial cultivation, with a Major Conditional Use Permit (CUP) in
certain non-residential zones for indoor grows only. This would limit the
types of cultivation to license holders to indoor or mixed light. The
maximum size of an indoor grow is 22,000 sf.
Allow commercial cultivation in certain non-residential zones for a mix of
outdoor, with a Major CUP for a mix of both indoor and outdoor.
Allow commercial cultivation in certain residential zones, based on size, for
a mix of indoor / outdoor grows. This may also be limited to certain sizes
such as a maximum of 5,000 sf or utilizing the “microbusiness” license. A
major CUP would be required. This may also be utilized for indoor
cultivation in non-commercial zones.
Establish a distance from schools, parks, youth centers beyond the 600-
foot radius.
Establish a distance from another commercial cultivation operation.
Establish setbacks for commercial cultivation.
Establish minimum parcel sizes for commercial cultivation.
Establish standards for parking.
Establish fencing, lighting, and landscaping standards for ease of
neighborhood policing.
Establish appearance review standards and air filtration devices for
buildings if indoor cultivation is permitted.
Authorize a local excise taxes / fees for commercial cultivation.
4. Retail Sales of Cannabis / Medical Dispensaries
Currently, the City prohibits all medical cannabis dispensaries (sales) in all zones
throughout the City. The existing ordinance does not address recreational
cannabis retail sales (brick and mortar locations). An ordinance would need to be
in place prior to January 1, 2018 addressing the retail sales of non-medical
cannabis.
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Based on feedback received, as well as, Staff analysis, the Council should take
into consideration the following:
The location of retail sales, if allowed, should be taken into consideration.
Security of the retail sales and how this may affect neighborhood
compatibility.
Local taxation of retail sales and the process to set up new fees, taxes, etc.
and potential increase in City revenues.
Policing issues that may arise from retail sales.
The potential for a new economic development tool.
Potential Tools
Maintain
Status Quo
Prohibit all commercial retail sales of non-medical cannabis and
dispensaries for medical cannabis.
Allow with
Standards
Allow retail sales / dispensaries with a Major Conditional Use Permit (CUP)
in certain non-residential zones.
Allow dispensaries, but not retail sales of non-medical cannabis with a
Major Conditional Use Permit (CUP) in certain non-residential zones.
Establish a distance from schools, parks, youth centers beyond the 600-
foot radius established by the State.
Establish a distance from another retail sales operation.
Establish setbacks for sales.
Establish standards for parking.
Establish fencing, lighting, and landscaping standards for ease of
neighborhood policing.
Establish appearance review standards for buildings.
Authorize a local excise taxes / fees for retail sales or dispensaries.
5. Testing facilities for Cannabis
Currently, the City prohibits all testing facilities, as this is considered a
“commercial cannabis activity”. Testing facilities include medical research of
cannabis, as well as labs the test for pesticides, TCH, the active chemical
compound that determines potency of cannabis and other types of test. No retail
or wholesale to the public would be involved.
Some issues that should be taken into consideration for testing facilities include
the following:
The location of testing labs, if allowed, should be taken into consideration.
This includes potentially allowing a labs in certain non-residential zones.
Policing issues that may arise from such labs.
The potential for a new economic development tool.
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Potential Tools
Maintain
Status Quo
Prohibit all testing facilities for non-medical cannabis and dispensaries for
medical cannabis.
Allow with
Standards
Allow testing facilities with a Major Conditional Use Permit (CUP) in certain
non-residential zones or an Administrative Use Permit (AUP). An AUP may
be utilized if this is the type of use that is an appropriate zone such as the
CPK or Industrial zone.
Establish a distance from schools, parks, youth centers beyond the 600-
foot radius established by the State.
Establish fencing, lighting, and landscaping standards for ease of
neighborhood policing.
6. Manufacturing facilities / Distribution Centers
Similar to testing facilities, manufacturing facilities and distribution centers are
currently prohibited within the City. Unlike testing facilities, manufacturing
facilities may be taxed. There are two types of manufacturing facilities. A type 1
and Type 2. Type 1 facilities do not use hazardous solvents such as butane,
which can be used to process cannabis into other product types. Type 2
manufacturing uses flammable solvents and other more intensive manufacturing
processes similar to the City’s existing “Manufacturing and Processing High
Intensity”. Distribution centers should also be considered for ordinance inclusion.
Similar to manufacturing facilities, distribution centers would not have any on -site
retail sales.
The Council should consider:
The location of manufacturing facilities, if allowed, should be taken into
consideration. This includes potentially allowing a facilities and distribution
centers in certain non-residential zones.
Ensure any buildings utilized are compatible with the neighborhood.
The potential for a new economic development tool.
Potential Tools
Maintain
Status Quo
Prohibit all manufacturing facilities or distribution centers for non-medical
cannabis or medical cannabis.
Allow with
Standards
Allow Type 1 manufacturing facilities with a Major Conditional Use Permit
(CUP) in certain non-residential zones or an Administrative Use Permit
(AUP). An AUP may be utilized if this is the type of use that is an
appropriate for the Industrial zone or CPK zone.
Allow Type 1 and Type 2 manufacturing facilities with a Major Conditional
Use Permit (CUP) in certain non-residential zones or an Administrative
Use Permit (AUP). An AUP may be utilized if this is the type of use that is
an appropriate for the Industrial zone or CPK zone.
Establish a distance from schools, parks, youth centers beyond the 600-
foot radius established by the State.
Establish appearance review standards for buildings.
Establish fencing, lighting, and landscaping standards for ease of
neighborhood policing.
Authorize a local excise taxes / fees for manufacturing facilities or
warehouses.
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ITEM NUMBER: C-1
DATE: 04/25/17
7. Delivery services for both medical and non-medical marijuana
Currently the City allows for delivery services by a qualified care giver. The
AUMA also allows for non-medical cannabis to be delivered. The City does have
the ability to ban the use of City roads, either maintained or non -maintained, as
these are public right-of-ways.
The Council should take into consideration the following:
Potential policing issues differentiating between medical versus non -medical
marijuana.
The City not gaining any financial returns from delivery services outside of the
City Limits.
Potential Tools
Maintain
Status Quo
Prohibit deliveries with the exception of qualified patients and qualified
care givers for medical cannabis.
Allow with
Standards
Allow deliveries for non-medical cannabis.
Allow for the establishment of delivery services in non-residential zones for
either medical, non-medical or both for cannabis.
Limit time of deliveries, (7am to 10pm etc.).
Prohibit advertising of cannabis or cannabis products on delivery vehicles
or drones, etc.
Amend business license tax to increase fees for any marijuana delivery
services.
8. Smoking of marijuana or tobacco.
The City currently prohibits smoking tobacco in public parks and other locations,
however the current ordinances are in two separate place s. Based on feedback
from residents, the overwhelming majority wanted cannabis smoking prohibited.
The State allows for the prohibition of cannabis smoking, ingestion, etc. where
tobacco is currently banned. This can be viewed as a public health issue. The
City Council should weigh the tools below and direct staff to make changes to
the public ordinances as it sees fit. Additionally, the City Council, should discuss
providing Staff direction on defining “public spaces”.
Potential Tools
Maintain
Status Quo
Prohibition of smoking at Charles Paddock Zoo, outdoor recreation areas,
public parks and any sidewalks contiguous to these locations, and within
one hundred (100) feet of Sunken Gardens.
Prohibition of smoking as contained in certain public places in AMC Title 6,
Chapter 6 of the Atascadero Municipal Code to be cleaned up for
consistency with State Law.
Prohibit with
Standards
Define what is a “public space” to clearly prohibit smoking in those
places.Extend prohibition to all City Sponsored Special events such as
Cruise Night, Winter Wonderland, Holiday Lighting Ceremony, Tamale
Festival, etc that extend beyond the already prohibited area to maintain a
family friendly atmosphere.
Define “outdoor recreation areas” to include trails, horse trails, and city and
non-city maintained open space areas.
Any additional locations that can be reasonably regulated an enforced by
City Staff / Atascadero Police Department.
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ITEM NUMBER: C-1
DATE: 04/25/17
Conclusion:
This report provides the basis for direction. If the Council elects to take “no action” and
keep current ordinances in place, the AUMA will kick into gear starting January 1, 2018
with no local control in place. Any new ordinances to regulate marijuana need to be
place by Fall 2017 to maintain local control.
It is expected that based on City Council direction, City Staff would return this item for
additional feedback on potential draft ordinances in July. Based on any changes
requested the item would run through the Planning Commission July/August, with a
goal to make the September City Council meeting with 2 nd reading no later than
October of this year.
CEQA Determination:
The action within this Staff Report and City Council direction is not a project within the
meaning of the California Environmental Quality Act (California Public Resources Code
§§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of
Regulations §§ 15000, et seq.) Section 15378 and is therefore exempt from CEQA. It
will not result in any direct or indirect physical change in the environment because the
administrative activities of the City of Atascadero (government ) will not result in direct or
indirect physical changes in the environment.
FISCAL IMPACT:
Any proposed ordinance amendment may impact staff resources.
ATTACHMENTS:
1. Results from Community Questionnaire
2. Medical Marijuana Ordinance (Ordinance 597)
3. Public Smoking Ordinance (Ordinance 235/Ordinance 573)
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ATTACHMENT: 1
How do you feel about outdoor marijuana commercial cultivation for personal
use on private property?
Page 45 of 57
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ATTACHMENT: 1
What are your thoughts on commercial cultivation/production for wholesale distribution?
Page 46 of 57
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ATTACHMENT: 1
How do you feel about the regulated retail sales of marijuana and marijuana products
within the City?
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ATTACHMENT: 1
What is your comfort level allowing marijuana testing facilities that test for pesticides,
fertilizers, and drug levels of marijuana with no retail or wholesale public sales?
Page 48 of 57
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ATTACHMENT: 1
What do you think about allowing a manufacturing facility associated with marijuana
products within the City?
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ATTACHMENT: 1
What is your comfort level with deliveries of marijuana or related products to adults within
the City?
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ATTACHMENT: 1
What are your thoughts on smoking either tobacco or marijuana related products in public
places?
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ATTACHMENT: 2
9-6.186 Medical marijuana facilities.
(a) Purpose. The purpose and intent of this section is to prohibit marijuana cultivation
facilities, medical marijuana dispensaries, medical marijuana deliveries, and commercial
cannabis activities, as defined below, within the City limits. It is recognized that it is a Federal
violation under the Controlled Substances Act to possess or distribute marijuana even if for
medical purposes. Additionally, there is evidence of an increased incidence of crime-related
secondary impacts in locations associated with marijuana cultivation facilities and medical
marijuana dispensaries and in connection with medical marijuana deliveries, which is contrary to
policies that are intended to promote and maintain the public’s health, safety, and welfare.
(b) Definitions.
(1) Commercial cannabis activity” shall have the meaning set forth in Business and
Professions Code Section 19300.5(k).
(2) “Cultivation” means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of marijuana.
(3) “Establish” or “operate” a marijuana cultivation facility, medical marijuana dispensary,
or commercial cannabis activity (as defined in this section) means and includes any of the following:
(i) The opening or commencement of the operation of a marijuana cultivation facility,
medical marijuana dispensary, or commercial cannabis activity;
(ii) The conversion of an existing business, facility, use, establishment, property, or location
to a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity;
(iii) The addition of a marijuana cultivation facility, medical marijuana dispensary, or
commercial cannabis activity to any other existing business, facility, use, establishment, property, or
location.
(4) “Marijuana” means all parts of the plant Cannabis, whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; and every compound manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in foodstuff, and
concentrated cannabis and the separated resin, whether crude or petrified, obtained from marijuana. It
does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the
seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that
are incapable of germination.
(5) “Medical marijuana” is marijuana used for medical purposes where that medical use is
deemed appropriate and has been recommended by a physician who has determined that the person’s
health would benefit from the use of marijuana in the treatment of acquired immune deficiency syndrome
(“AIDS”), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious
medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health
and Safety Code Section 11362.7.
(6) “Marijuana cultivation facility” means any business, facility, use, establishment,
property, or location where the cultivation of marijuana occurs.
(7) “Medical marijuana dispensary” means any business, facility, use, establishment,
property, or location, whether fixed or mobile, where medical marijuana is sold, made available to,
delivered to and/or distributed by or to three (3) or more people. “Medical marijuana dispensary” shall
include the definition of “dispensary” set forth in Business and Professions Code Section 19300.5(n). A
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ATTACHMENT: 2
“medical marijuana dispensary” does not include the following uses, as long as the location of such uses
are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division
2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code, a residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility
for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential
hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety
Code, as long as any such use complies strictly with applicable law including, but not limited to, Health
and Safety Code Section 11362.5 and following.
(c) Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis
Activities, and Medical Marijuana Deliveries Prohibited.
(1) Medical marijuana dispensaries are prohibited in all zones in the City and shall not be
established or operated anywhere in the City.
(2) Marijuana cultivation facilities are prohibited in all zones in the City and shall not be
established or operated anywhere in the City. This prohibition shall not apply to a qualified patient, as
defined by Health and Safety Code Section 11362.7(f), who cultivates medical marijuana, either by him
or herself or with assistance from his or her primary caregiver, as defined by Health and Safety Code
Sections 11362.5(e) and 11362.7(d), provided that the following conditions are met:
(i) The qualified patient cultivates no more than six (6) mature or twelve (12) immature
marijuana plants pursuant to Health and Safety Code Sections 11362.5 and 11362.77;
(ii) The qualified patient resides in a dwelling unit, as defined by Section 9-9.102 of this
title, on the parcel where he or she cultivates marijuana;
(iii) The cultivation does not occur on a vacant parcel;
(iv) There are no more than nine (9) mature or fifteen (15) immature marijuana plants
cultivated on the same parcel by any combination of qualified patients;
(v) A single qualified patient residing in an apartment house or multiple dwelling unit
structure, as defined by Section 9-9.102, may cultivate up to six (6) mature or twelve (12) immature
marijuana plants in his or her dwelling unit regardless of whether other qualified patients are cultivating
marijuana plants in other dwelling units in the same apartment house or multiple dwelling unit structure;
(vi) Two (2) or more qualified patients residing together in a dwelling unit in an apartment
house or multiple dwelling unit structure may cultivate up to nine (9) mature or fifteen (15) immature
marijuana plants in their dwelling unit regardless of whether other qualified patients are cultivating
marijuana plants in other dwelling units in the same apartment house or multiple dwelling unit structure;
(vii) For apartment houses and multiple dwelling unit structures, cultivation must take place
indoors unless it occurs in a private, enclosed yard attached to the dwelling unit in which the qualified
patient resides, subject to the screening requirements set forth below;
(viii) The qualified patient cultivates his or her marijuana plants indoors or in a manner that is
screened from view from the public right-of-way or any other property consistent with Section 9-4.128 of
this title;
(ix) Marijuana plants that are cultivated outdoors may not extend over any property line or
boundary; and
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ATTACHMENT: 2
(x) The qualified patient does not sell, distribute, donate, or provide the marijuana that he or
she cultivates to any other person.
Notwithstanding this exception, a qualified patient cultivating marijuana may not create or cause
a nuisance condition and the City may abate, in any manner permitted by law, a nuisance condition
created or caused by, associated with, or arising from marijuana cultivation by a qualified patient.
(3) Commercial cannabis activities are prohibited in all zones in the City and shall not be
established or operated anywhere in the City.
(4) No person may own, establish, open, operate, conduct, or manage a medical marijuana
dispensary, marijuana cultivation facility, or commercial cannabis activity in the City, or be the lessor of
property where a medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis
activity is located. No person may participate as an employee, contractor, agent, volunteer, or in any
manner or capacity in any medical marijuana dispensary, marijuana cultivation facility, or commercial
cannabis activity in the City.
(5) No use permit, site development permit, tentative map, parcel map, variance, grading
permit, building permit, building plans, zone change, business license, certificate of occupancy or other
applicable approval will be accepted, approved or issued for the establishment or operation of a medical
marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity.
(6) No person and/or entity may deliver or transport medical marijuana from any fixed or
mobile location, either inside or outside the City, to any person in the City, except that a person may
deliver or transport medical marijuana to a qualified patient or person with an identification card, as those
terms are defined in Health and Safety Code Section 11362.7, for whom he or she is the primary
caregiver within the meaning of Health and Safety Code Sections 11362.5 and 11362.7(d).
(7) Nothing contained in this section shall be deemed to permit or authorize any use or
activity which is otherwise prohibited by any State or Federal law. (Ord. 597 § 2, 2016; Ord. 593 § 3,
2016)
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ATTACHMENT: 3
Chapter 6
NO-SMOKING AREAS ESTABLISHED IN
CERTAIN PUBLIC PLACES
Sections:
6-6.01 Findings.
6-6.02 Purpose.
6-6.03 Definitions.
6-6.04 Prohibition in certain public places.
6-6.05 Posting of signs.
6-6.06 Enforcement.
6-6.07 Violation: Penalty.
6-6.08 Prohibition at the Atascadero State Hospital.
6-6.01 Findings.
Whereas the Surgeon General of the United States has determined and the City Council does hereby
find that:
(a) Smoking tobacco is a proven danger to the health of human beings; and
(b) Breathing sidestream or secondhand smoke is a significant health hazard for certain population
groups including, without limitation, elderly people, those with cardiovascular disease or impaired
respiratory functions, asthmatics and those with obstructed air passages; and
(c) Tobacco smoke is a major contributor to indoor air pollution; and
(d) The Surgeon General’s report on involuntary smoking states that there are proven health
hazards from involuntary smoking by nonsmokers. (Ord. 235 § 1(1), 1991)
6-6.02 Purpose.
(a) Because smoking of tobacco or any other weed or plant is a positive danger to health and a
cause of material discomfort and a health hazard to those who are present in confined places, and in order
to serve public health, safety and welfare, the declared purpose of this chapter is to establish areas where
persons will be free from inhaling smoke by requiring that areas be reserved for nonsmokers in certain
public places and by prohibiting the smoking of tobacco or any other weed or plant in certain other areas
which are used by or open to the public.
(b) For the purposes of protecting the health and welfare of the public from sidestream or
secondhand smoke in publicly owned, operated, managed and leased facilities, it is necessary to
specifically prohibit smoking, as defined herein, inside all buildings, structures and indoor facilities
owned, operated, leased or managed by the City which are used by or open to the public. (Ord. 235
§ 1(2), 1991; Ord. 56 § 6-6.01, 1982)
6-6.03 Definitions.
As used in this chapter the following terms shall have the meanings ascribed to them as follows:
(a) “Service line” means an indoor line or area in which persons await service o f any kind,
regardless of whether or not such service involves the exchange of money. Such service shall include, but
is not limited to, sales, giving of information, directions, or advice, and transfers of money or goods.
(b) “Smoking” as used herein shall mean the inhaling, exhaling, burning or carrying of any ignited
pipe, cigar or cigarette or any other combustible substance or substances, including, without limitation,
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ATTACHMENT: 3
tobacco, which are used for the purposes of inhaling or exhaling the smoke therefro m. (Ord. 235 § 1(3),
1991; Ord. 56 § 6-6.02, 1982)
6-6.04 Prohibition in certain public places.
Smoking shall be prohibited in the following places:
(a) Elevators, museums, galleries, public transportation facilities open to the public, and service
lines of establishments doing business with the general public;
(b) Waiting rooms and public hallways of every private or public health care facility, including
but not limited to hospitals; provided further, that this prohibition shall not prevent the establishment of a
separate waiting room in which smoking is permitted, as long as there also exists a waiting in the same
facility in which smoking is prohibited;
(c) Within all buildings, structures and indoor facilities owned, operated, leased or managed by
the City and which are used by or open to the public, including, without limitation, public transportation,
enclosed areas occupied by City staff, open office areas, shared offices, private offices, hallways, rest
rooms, escalators, elevators, stairways, lobbies, reception and waiting rooms, classrooms, meeting or
conference rooms and auditoriums, on-site cafeterias, lunchrooms, lounges and any facility, school or
educational institution being used by the City for the purpose of providing classroom instruction,
including, without limitation, instruction for technical or substantive training or for instruction in
dancing, art, musical or other cultural skills;
(d) Within any building not open to the sky which is primarily used for or designed for the
purpose of exhibiting any motion picture, stage drama, lecture, musical recital, or other similar
performance whenever open to the public, except smoking which is a part of a stage performance,
including all restrooms except that smoking will be allowed in an area commonly referred to as a lobby if
such lobby is physically separated from the spectator area;
(e) Within all public areas in every retail food market, as defined in Section 6-1.01;
(f) All restrooms open for public use;
(g) Within every restaurant, as defined in Section 6-1.01, having an occupied capacity of fifty (50)
or more persons; provided that this prohibition shall not apply where a part of the dining area sufficient to
satisfy all public requests for seating in a nonsmoking area is posted and maintained as such an area.
(Ord. 235 § 1(4), 1991; Ord. 56 § 6-6.03, 1982)
6-6.05 Posting of signs.
Signs which designate the “no smoking” areas designated by this chapter shall be conspicuously
posted in every room, building, facility or other place so designated by this chapter. The manner of such
posting shall be at the discretion of the City Manager and/or designee. The City Manager and/or designee
shall determine the manner for posting such signs on the basis of clarity, sufficiency and conspicu ousness
in communicating the intent of this chapter. (Ord. 235 § 1(5), 1991)
6-6.06 Enforcement.
The City Manager and/or designee and/or the ordinance enforcement officer shall have authority to
enforce the provisions of this Code. (Ord. 235 § 1(6), 1991)
6-6.07 Violation: Penalty.
Any person who violates any provision of this chapter by smoking in a posted no -smoking area or
by failing to post or cause to be posted a no-smoking sign required by this chapter is guilty of an
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ITEM NUMBER: C-1
DATE: 04/25/17
ATTACHMENT: 3
infraction and, upon conviction thereof, shall be punished as provided by Chapter 1 -3 of this Code. (Ord.
235 § 1 (7), 1991; Ord. 56 § 6-6.06, 1982)
6-6.08 Prohibition at the Atascadero State Hospital.
The Executive Director of the Atascadero State Hospital may declare the entire hospital, including
indoor and outdoor areas, to be a nonsmoking establishment, provided such declaration is consistent with
any applicable Federal and State laws and regulations. The Executive Director or designee shall have the
primary responsibility for enforcement of this section at the hospital. (Ord. 531 § 2, 2008)
10-1.34 Smoking and tobacco products.
Except for ceremonial or religious purposes and except for paved parking lots, it is unlawful for any
person to smoke any substance or use any tobacco product within the Charles Paddock Zoo, Outdoor
Recreation Areas and public parks or on any sidewalks contiguous to these locations, and within one
hundred (100) feet of Sunken Gardens. “To smoke” means the carrying or holding of any lighted cigarette,
cigar or pipe, or any other lighted smoking product or equipment.
Nothing in this section would prohibit business and private property owners in the area immediately
surrounding Sunken Gardens from designating an outdoor smoking area for their employees or patrons,
provided that such designations comply with all State and local laws, including, but not limited to,
California Government Code Section 7596 et seq., California Health and Safety Code Section 118875 et
seq., California Labor Code Section 6404.5, and Chapter 6 of Title 6 of the municipal code. Such
designated areas must be clearly marked with signage or other visible indicators. (Ord. 573 § 1, 2013; Ord.
543 § 1, 2009)
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