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HomeMy WebLinkAboutCC_2019_04_23_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, April 23, 2019 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Fonzi ROLL CALL: Mayor Moreno Mayor Pro Tem Bourbeau Council Member Fonzi Council Member Funk Council Member Newsom 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 the Atascadero Kiwanis 50 year anniversary 2. Presentation by SLOCOG/Rideshare about Commuter Challenges in May 2019 including Bike to School Day (May 8th) Bike to Coffee Day (May 11th) and Bike to Work Day (May 17th) City Council Regular Session: 6:00 P.M. Page 1 of 125 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.) 1. City Council Draft Action Minutes – April 9, 2019  Recommendation: Council approve the April 9, 2019 Draft City Council Meeting Minutes. [City Clerk] 2. March 2019 Accounts Payable and Payroll  Fiscal Impact: $2,578,619.40  Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for March 2019. [Administrative Services] 3. 2019 Pavement Resurfacing Project Construction Award  Fiscal Impact: $592,000.00  Recommendations: Council: 1. Award a construction contract for $502,665 to American Asphalt South, Inc. for the 2019 Pavement Resurfacing Project (Project No. C2018R03). 2. Authorize the City Manager to execute a contract with American Asphalt South, Inc. for $502,665 for the construction of the 2019 Pavement Resurfacing 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] 4. Alcholic Beverage Control (ABC) License for On-site Alcohol Sales at 5840 Traffic Way “Raconteur Room” (Type 42 License)(Dole/TSAM LLC)  Fiscal Impact: A slight positive fiscal impact expected from increased sales tax.  Recommendation: Council adopt Draft Resolution finding that a public convenience would be served by allowing the issuance of a Type 42 ABC , On-Sale Beer and W ine for Public Premises License for Raconteur Room, a bar located at 5840 Traffic Way. [Community Development] 5. Adopting a List of Projects for Fiscal Year 2019-2020 Funded by SB1  Fiscal Impact: None.  Recommendation: Council adopt Draft Resolution adopting a list of projects to be funded with Road Maintenance and Rehabilitation Account revenues from SB1 (The Road Repair and Accountability Act of 2017) for Fiscal Year 2019-2020. [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.) Page 2 of 125 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 (805) 470-3400, or cityclerk@atascadero.org.) B. PUBLIC HEARINGS: 1. Title 9 and Title 11 Planning and Zoning Text Amendments - Annual Code Update (ZCH19-0023)  Ex-Parte Communications:  Fiscal Impact: Potential savings of staff time.  Recommendation: Council introduce for first reading, by title only, the Draft Ordinance amending the Atascadero Municipal Code, Title 9 Planning & Zoning, Section 9-1.110 Public hearings, Section 9-3.330 Nonresidential district allowable land uses, Sections 9-3.340 through 9-3.345 and 9-3.348 through 9-3.349 Property development standards, Section 9-6.112 Farm animal raising, Section 9-6.174 Seasonal or temporary sales, Section 9-12.104 Required approvals and Title 11 Subdivisions, Section 11-4.06 Noticing of planning commission hearing on tentative map and determining this Ordinance is exempt from review under the California Environmental Quality Act. [Community Development] C. MANAGEMENT REPORTS: 1. Sphere of Influence Review  Fiscal Impact: None.  Recommendation: Council review the City’s Sphere of Influence and provide staff with feedback towards a future Sphere of Influence and City/County MOU update. [Community Development] 2. Amendment to the Contract Between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System (CalPERS)  Fiscal Impact: None.  Recommendations: Council: 1. Adopt Draft Resolution of Intention to approve an amendment to the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System; and 2. Introduce for first reading by title only, the Draft Ordinance authorizing the Mayor to execute an amendment to the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees’ Retirement System. [City Manager] Page 3 of 125 3. Santa Lucia Road Pavement Rehabilitation Construction Award  Fiscal Impact: Total project funding of $1,005,000.00  Recommendations: Council: 1. Award a construction contract for $720,527 to Souza Engineering Contracting, Inc. for the Santa Lucia Road Pavement Rehabilitation Project (Project No. C2017R03). 2. Authorize the City Manager to execute a contract with Souza Engineering Contracting, Inc. in the amount of $720,527 for the construction of the Santa Lucia Road Pavement Rehabilitation Project. 3. Authorize the Director of Administrative Services to appropriate an additional $425,000 in Local Transportation Fund (LTF) balance toward the Santa Lucia Road Pavement Rehabilitation Project. 4. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. [Public Works] D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Moreno 1. City Selection Committee 2. County Mayors Round Table 3. Economic Vitality Corporation, Board of Directors (EVC) 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (RTA) Mayor Pro Tem Bourbeau 1. City / Schools Committee 2. City of Atascadero Finance Committee 3. Integrated Waste Management Authority (IWMA) 4. SLO County Water Resources Advisory Committee (WRAC) Council Member Fonzi 1. Air Pollution Control District 2. Atascadero Basin Ground Water Sustainability Agency (GSA) 3. City of Atascadero Design Review Committee 4. SLO Local Agency Formation Commission (LAFCo) Council Member Funk 1. City of Atascadero Finance Committee 2. Homeless Services Oversight Council 3. League of California Cities – Council Liaison Council Member Newsom 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City / Schools Committee 3. City of Atascadero Design Review Committee 4. Visit SLO CAL Advisory Committee Page 4 of 125 E. INDIVIDUAL DETERMINATION AND / OR ACTION: (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. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURN Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. Page 5 of 125 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 at cityclerk@atascadero.org or (805) 470-3400. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Mayor and Council. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support your comm ents, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regard ing the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. Page 6 of 125 ITEM NUMBER: A-1 DATE: 04/23/19 Atascadero City Council April 9, 2019 Page 1 of 5 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, April 9, 2019 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor Moreno called the meeting to order at 6:02 p.m. and Council Member Funk led the Pledge of Allegiance. ROLL CALL: Present: Council Members Fonzi, Funk, Newsom, Mayor Pro Tem Bourbeau and Mayor Moreno Absent: None Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Public Works Director Nick DeBar, Police Lieutenant Jason Carr, Community Development Director Phil Dunsmore, Fire Chief Casey Bryson, City Attorney Brian Pierik, Deputy City Manager/City Clerk Lara Christensen and Senior Planner Kelly Gleason APPROVAL OF AGENDA: MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem Bourbeau 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. City Council Regular Session: 6:00 P.M. Page 7 of 125 ITEM NUMBER: A-1 DATE: 04/23/19 Atascadero City Council April 9, 2019 Page 2 of 5 PRESENTATIONS: None. A. CONSENT CALENDAR: 1. City Council Draft Action Minutes – March 26, 2019  Recommendation: Council approve the March 26, 2019 Draft City Council Meeting Minutes. [City Clerk] Council Member Funk requested to pull the Minutes for clarification on the Motion for Item #C-2. Deputy City Manager/City Clerk Christensen reported that the motion did revise the contract amendment to require that every customer receive a warning notice following the first instance of contamination before a contamination fee is assessed. MOTION: By Council Member Funk and seconded by Mayor Pro Tem Bourbeau to approve the Consent Calendar. 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. COMMUNITY FORUM: The following citizens spoke during Community Forum: Geoff Auslen, Dane Sensor, Jim Wilkins, Barbara Sims and James Worthley Mayor Moreno closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: 1. Title 9 and Title 11 Planning and Zoning Text Amendments - Annual Code Update (ZCH19-0023)  Ex-Parte Communications:  Fiscal Impact: Potential savings of staff time.  Recommendation: Council introduce for first reading, by title only, Draft Ordinance amending the Atascadero Municipal Code, Title 9 Planning & Zoning and Title 11 Subdivisions, Section 9-6.112 Farm Animal Raising, Section 9-3.330 Nonresidential District Allowable Land Uses, Section 9- 6.174 Seasonal or Temporary or Seasonal Sales, Section 11-4.06 Noticing of Planning Commission Hearing on Tentative Map, Section 9 -1.110 Public Hearings, Section 9-3.340 through Section 9-3.345 and 9-3.348 through 9- 3.349 Property Development Standards, and Section 9 -12.104 Required Approvals, based on findings and determining that this Ordinance is exempt from review under the California Environmental Quality Act. [Community Development] Page 8 of 125 ITEM NUMBER: A-1 DATE: 04/23/19 Atascadero City Council April 9, 2019 Page 3 of 5 Council Member Newsom noted that representatives of Associated Traffic may speak on this item and this company has been a source of income for her within the past 12 months, which creates a potential conflict of interest. She stepped down from the dais, recusing herself from the discussion and vote for this item. Community Development Director Dunsmore and Senior Planner Kelly Gleason gave the presentation and answered questions from the Council. Ex Parte Communications All Council Members noted receiving an email from Ken Johnston of Associated Traffic Safety and Mayor Pro Tem Bourbeau reported speaking with Mr. Johnston and Jay DeCou. PUBLIC COMMENT: The following citizens spoke on this item: Sophie Treder, Ken Johnston, Geoff Auslen and Jay DeCou Mayor Moreno closed the Public Comment period. Following comments from the public and discussion by the Council, the Council requested staff clarify the code to indicate the requirement for a use permit when land uses exce ed 10,000 square feet of outdoor storage while keeping contract construction services, horticultural specialties, hardware and similar uses in the allowed use category in the commercial zoning districts. MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member Funk to continue the Public Hearing to April 23, 2019 and direct staff to return to Council for further discussion and introduction of the draft ordinance. Motion passed 4:0 by a roll-call vote. Newsom abstained. Mayor Moreno recessed the Meeting at 8:30 p.m. Mayor Moreno reconvened the Meeting with all present at 8:37 p.m. Council Member Newsom returned to the dais. C. MANAGEMENT REPORTS: 1. Sunken Gardens Replanting Plan  Fiscal Impact: $20,000.00  Recommendation: Council approve Sunken Gardens Tree Replanting Option No. 1 as outlined in the report and authorize staff to proceed with replanting over the next two years and as needed as trees die. [Community Development] Page 9 of 125 ITEM NUMBER: A-1 DATE: 04/23/19 Atascadero City Council April 9, 2019 Page 4 of 5 Community Development Director Dunsmore gave the presentation and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: None. Mayor Moreno closed the Public Comment period. MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member Fonzi to approve Sunken Gardens Tree Replanting Option No. 1 as outlined in the report and authorize staff to proceed with replanting over the next two years and as needed as trees die. Motion passed 5:0 by a roll-call vote. 2. Weed Abatement  Fiscal Impact:  Recommendation: Council: 1. Adopt Draft Resolution A, amending certain fees in the Schedule of Fees and Charges for City Services, specifically related to Weed abatement administrative fees. 2. Adopt Draft Resolution B, declaring vegetative growth (noxious weeds) 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 2019- 2020 Tax Roll. [Fire Department] Fire Chief Bryson gave the presentation and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: None. Mayor Moreno closed the Public Comment period. MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member Funk to: 1. Adopt Resolution No. 2019-010, amending certain fees in the Schedule of Fees and Charges for City Services, specifically related to Weed abatement administrative fees. 2. Adopt Resolution No. 2019-011, declaring vegetative growth (noxious weeds) 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 2019-2020 Tax Roll. [Fire Department] Motion passed 5:0 by a roll-call vote. Page 10 of 125 ITEM NUMBER: A-1 DATE: 04/23/19 Atascadero City Council April 9, 2019 Page 5 of 5 D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: The following Council Members made brief announcements and gave brief update reports on their committees since their last Council meeting: Mayor Moreno 1. Economic Vitality Corporation, Board of Directors (EVC) 2. SLO Council of Governments (SLOCOG) Mayor Pro Tem Bourbeau 1. City of Atascadero Finance Committee 2. Integrated Waste Management Authority (IWMA) Council Member Funk 1. Homeless Services Oversight Council 2. League of California Cities – Council Liaison Council Member Newsom 1. City of Atascadero Design Review Committee E. INDIVIDUAL DETERMINATION AND / OR ACTION: None. F. ADJOURN Mayor Moreno adjourned the meeting at 9:19 p.m. MINUTES PREPARED BY: ______________________________________ Lara K. Christensen Deputy City Manager / City Clerk APPROVED: Page 11 of 125 ITEM NUMBER: A-2DATE: 04/23/19Page 12 of 125 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2019 159667 03/01/2019 A.D. STARR 1,934.79Accounts Payable Check 159668 03/01/2019 KAIDEN P. ABMA 39.00Accounts Payable Check 159669 03/01/2019 ALLIANT INSURANCE SERVICES INC 286.00Accounts Payable Check 159670 03/01/2019 ALLSTAR FIRE EQUIPMENT, INC.775.80Accounts Payable Check 159671 03/01/2019 ALTHOUSE & MEADE, INC.462.50Accounts Payable Check 159672 03/01/2019 AMERICAN WEST TIRE & AUTO INC 2,483.35Accounts Payable Check 159673 03/01/2019 DREW T. ARDOUIN 56.00Accounts Payable Check 159674 03/01/2019 ASSOCIATED TRAFFIC SAFETY 41.65Accounts Payable Check 159676 03/01/2019 AT&T 970.73Accounts Payable Check 159677 03/01/2019 AT&T 991.02Accounts Payable Check 159678 03/01/2019 ATASCADERO GIRLS SOFTBALL 47.50Accounts Payable Check 159679 03/01/2019 ATASCADERO LITTLE LEAGUE 62.50Accounts Payable Check 159680 03/01/2019 ATASCADERO NEWS 943.70Accounts Payable Check 159681 03/01/2019 ATASCADERO YOUTH SOCCER ASSC 550.50Accounts Payable Check 159682 03/01/2019 BOUND TREE MEDICAL, LLC 759.65Accounts Payable Check 159683 03/01/2019 GREGORY A. BRAZZI 51.00Accounts Payable Check 159684 03/01/2019 BREZDEN PEST CONTROL, INC.90.00Accounts Payable Check 159685 03/01/2019 BURT INDUSTRIAL SUPPLY 82.44Accounts Payable Check 159686 03/01/2019 CA CODE CHECK, INC.2,597.50Accounts Payable Check 159687 03/01/2019 CHRISTOPHER M. CARNES 48.00Accounts Payable Check 159688 03/01/2019 CENTRAL COAST URGENT CARE, INC 150.00Accounts Payable Check 159689 03/01/2019 GAVIN K. CHAN 72.00Accounts Payable Check 159690 03/01/2019 CITY OF ATASCADERO 1,478.00Accounts Payable Check 159691 03/01/2019 CO OF SAN LUIS OBISPO SART PRG 1,781.00Accounts Payable Check 159692 03/01/2019 RILEY J. COALWELL 39.00Accounts Payable Check 159693 03/01/2019 COAST ELECTRONICS 4,505.88Accounts Payable Check 159694 03/01/2019 COBAN TECHNOLOGIES, INC.634.57Accounts Payable Check 159695 03/01/2019 COLONY MEDIA 540.00Accounts Payable Check 159696 03/01/2019 COMPETITIVE EDGE DISTRIBUTING 327.62Accounts Payable Check 159697 03/01/2019 MIGUEL A. CORDERO 72.00Accounts Payable Check 159698 03/01/2019 CRYSTAL SPRINGS WATER 199.98Accounts Payable Check 159699 03/01/2019 CUESTA POLYGRAPH 7,250.00Accounts Payable Check 159700 03/01/2019 NICHOLAS DEBAR 418.00Accounts Payable Check 159701 03/01/2019 DELTA LIQUID ENERGY 13.44Accounts Payable Check 159702 03/01/2019 VOID 0.00Accounts Payable Check 159703 03/01/2019 ASHLEY DONOVAN 562.00Accounts Payable Check 159704 03/01/2019 PHILIP DUNSMORE 300.00Accounts Payable Check 159705 03/01/2019 JENNIFER FANNING 164.00Accounts Payable Check 159706 03/01/2019 FEDEX 23.69Accounts Payable Check 159707 03/01/2019 FERRAVANTI GRADING & PAVING 80,551.51Accounts Payable Check ITEM NUMBER: A-2 DATE: 04/23/19 ATTACHMENT: 1 Page 13 of 125 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2019 159708 03/01/2019 FGL ENVIRONMENTAL 524.00Accounts Payable Check 159709 03/01/2019 GALLS, LLC 115.14Accounts Payable Check 159710 03/01/2019 GAS COMPANY 2,710.01Accounts Payable Check 159711 03/01/2019 AMELIA L. GUZMAN 39.00Accounts Payable Check 159712 03/01/2019 CHRISTIAN P. GUZMAN 39.00Accounts Payable Check 159713 03/01/2019 HAMNER, JEWELL & ASSOCIATES 5,734.03Accounts Payable Check 159714 03/01/2019 ROCHELLE O. HANSON-TORRES 257.52Accounts Payable Check 159715 03/01/2019 HART IMPRESSIONS PRINTING 536.44Accounts Payable Check 159716 03/01/2019 JOHN S. HURLBURT JR.72.00Accounts Payable Check 159717 03/01/2019 JIFFY LUBE 95.81Accounts Payable Check 159718 03/01/2019 JK'S UNLIMITED 237.50Accounts Payable Check 159719 03/01/2019 JOANN HEAD LAND SURVEYING 2,432.50Accounts Payable Check 159720 03/01/2019 KNECHT'S PLUMBING & HEATING 237.50Accounts Payable Check 159721 03/01/2019 KPRL 1230 AM 920.00Accounts Payable Check 159722 03/01/2019 KSBY COMMUNICATIONS, LLC 1,280.00Accounts Payable Check 159723 03/01/2019 KTU+A 482.50Accounts Payable Check 159724 03/01/2019 LAWSON PRODUCTS, INC.130.59Accounts Payable Check 159725 03/01/2019 LEAGUE OF CALIFORNIA CITIES 35.00Accounts Payable Check 159726 03/01/2019 LEE WILSON ELECTRIC CO. INC 2,456.69Accounts Payable Check 159727 03/01/2019 LARISSE LOPEZ 164.00Accounts Payable Check 159728 03/01/2019 MADRONE LANDSCAPES, INC.580.00Accounts Payable Check 159729 03/01/2019 MEDPOST URGENT CARE-PASO ROBLE 620.00Accounts Payable Check 159730 03/01/2019 LEVI K. MEEKS 78.00Accounts Payable Check 159731 03/01/2019 MID-COAST GEOTECHNICAL, INC.250.00Accounts Payable Check 159732 03/01/2019 MID-COAST MOWER & SAW, INC.5.39Accounts Payable Check 159733 03/01/2019 MINER'S ACE HARDWARE 563.21Accounts Payable Check 159734 03/01/2019 MISSION UNIFORM SERVICE 367.48Accounts Payable Check 159735 03/01/2019 NORTH COUNTY GLASS 358.04Accounts Payable Check 159736 03/01/2019 NUTRIEN AG SOLUTIONS, INC.4,767.40Accounts Payable Check 159737 03/01/2019 OFFICE DEPOT INC.172.24Accounts Payable Check 159738 03/01/2019 ONTRAC 7.79Accounts Payable Check 159739 03/01/2019 TARA ORLICK 44.08Accounts Payable Check 159740 03/01/2019 CHARLES D PALADIN WAYNE 836.97Accounts Payable Check 159741 03/01/2019 NICHOLAS J. PEREZ 117.00Accounts Payable Check 159742 03/01/2019 PERRY'S PARCEL & GIFT 44.14Accounts Payable Check 159743 03/01/2019 PLACEWORKS, INC.11,630.00Accounts Payable Check 159744 03/01/2019 MICHAEL W. PORTER II 39.00Accounts Payable Check 159745 03/01/2019 PROCARE JANITORIAL SUPPLY,INC.438.57Accounts Payable Check 159746 03/01/2019 QUINCY ENGINEERING, INC.2,689.97Accounts Payable Check 159747 03/01/2019 RAINBOW MEALWORMS,INC.262.54Accounts Payable Check ITEM NUMBER: A-2 DATE: 04/23/19 ATTACHMENT: 1 Page 14 of 125 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2019 159748 03/01/2019 RAINSCAPE, A LANDSCAPE SVC CO.7,384.25Accounts Payable Check 159749 03/01/2019 JERI RANGEL 300.00Accounts Payable Check 159750 03/01/2019 RAVATT,ALBRECHT, & ASSC.,INC.2,377.50Accounts Payable Check 159751 03/01/2019 RACHELLE RICKARD 500.00Accounts Payable Check 159752 03/01/2019 S. LOMBARDI & ASSOCIATES 350.00Accounts Payable Check 159753 03/01/2019 MICHELE SCHAMBER 120.00Accounts Payable Check 159754 03/01/2019 SHORE-TEK, INC.436.03Accounts Payable Check 159755 03/01/2019 VOID 0.00Accounts Payable Check 159756 03/01/2019 SOUTH COAST EMERGENCY VEH SVC 602.71Accounts Payable Check 159757 03/01/2019 SPECTRUM REACH 800.00Accounts Payable Check 159758 03/01/2019 STANLEY CONVERGENT SECURITY 271.23Accounts Payable Check 159759 03/01/2019 STAPLES CREDIT PLAN 151.36Accounts Payable Check 159760 03/01/2019 SUN BADGE COMPANY 116.33Accounts Payable Check 159761 03/01/2019 SUNLIGHT JANITORIAL, INC.961.00Accounts Payable Check 159762 03/01/2019 SUNRUN INSTALLATION SERVICES 189.09Accounts Payable Check 159763 03/01/2019 THRIVE TRAINING CENTER 65.00Accounts Payable Check 159764 03/01/2019 TRIBUNE 1,100.00Accounts Payable Check 159765 03/01/2019 U.S. POSTMASTER 2,600.00Accounts Payable Check 159766 03/01/2019 ULTREX LEASING 260.76Accounts Payable Check 159767 03/01/2019 USA BLUE BOOK 245.09Accounts Payable Check 159768 03/01/2019 VINO VICE, INC.810.00Accounts Payable Check 159769 03/01/2019 WCJ PROPERTY SERVICES 783.00Accounts Payable Check 159770 03/01/2019 WULFING'S BACKGROUND & POLYGR 1,000.00Accounts Payable Check 159771 03/01/2019 ZOOM IMAGING SOLUTIONS, INC.947.54Accounts Payable Check 159772 03/04/2019 ANTHEM BLUE CROSS HEALTH 171,648.12Payroll Vendor Payment 159773 03/04/2019 LINCOLN NATIONAL LIFE INS CO 1,551.75Payroll Vendor Payment 159774 03/04/2019 MEDICAL EYE SERVICES 1,729.35Payroll Vendor Payment 159775 03/04/2019 PREFERRED BENEFITS INSURANCE 8,439.90Payroll Vendor Payment 159776 03/04/2019 WEX BANK - 76 UNIVERSL 8,522.48Accounts Payable Check 159777 03/04/2019 WEX BANK - WEX FLEET UNIVERSAL 4,944.12Accounts Payable Check 159778 03/07/2019 ATASCADERO MID MGRS ORG UNION 80.00Payroll Vendor Payment 159779 03/07/2019 ATASCADERO POLICE OFFICERS 1,209.75Payroll Vendor Payment 159780 03/07/2019 ATASCADERO PROF. FIREFIGHTERS 993.60Payroll Vendor Payment 159781 03/07/2019 MASS MUTUAL WORKPLACE SOLUTION 5,885.50Payroll Vendor Payment 159782 03/07/2019 NATIONWIDE RETIREMENT SOLUTION 405.68Payroll Vendor Payment 159783 03/07/2019 NAVIA BENEFIT SOLUTIONS 1,467.03Payroll Vendor Payment 159784 03/07/2019 SEIU LOCAL 620 828.42Payroll Vendor Payment 159785 03/07/2019 VANTAGEPOINT TRNSFR AGT 106099 349.12Payroll Vendor Payment 159786 03/07/2019 VANTAGEPOINT TRNSFR AGT 304633 4,376.05Payroll Vendor Payment 159787 03/07/2019 VANTAGEPOINT TRNSFR AGT 706276 60.00Payroll Vendor Payment ITEM NUMBER: A-2 DATE: 04/23/19 ATTACHMENT: 1 Page 15 of 125 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2019 3246 03/08/2019 ANTHEM BLUE CROSS HSA 8,434.61Payroll Vendor Payment 3247 03/08/2019 STATE DISBURSEMENT UNIT 209.54Payroll Vendor Payment 3248 03/08/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,280.48Payroll Vendor Payment 3249 03/08/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 33,680.25Payroll Vendor Payment 3250 03/08/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,459.67Payroll Vendor Payment 3251 03/08/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,784.06Payroll Vendor Payment 3252 03/08/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,651.08Payroll Vendor Payment 3253 03/08/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,885.44Payroll Vendor Payment 3254 03/08/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,633.73Payroll Vendor Payment 3255 03/08/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 9,866.21Payroll Vendor Payment 3256 03/12/2019 RABOBANK, N.A.51,980.90Payroll Vendor Payment 3257 03/12/2019 EMPLOYMENT DEV DEPARTMENT 15,561.48Payroll Vendor Payment 3258 03/12/2019 EMPLOYMENT DEV. DEPARTMENT 2,116.05Payroll Vendor Payment 3259 03/14/2019 BANK OF NEW YORK MELLON 319,824.14Accounts Payable Check 159788 03/15/2019 4LEAF,INC.8,296.46Accounts Payable Check 159789 03/15/2019 A & R CONSTRUCTION 3,130.00Accounts Payable Check 159790 03/15/2019 A SUPERIOR CRANE, LLC 1,000.00Accounts Payable Check 159791 03/15/2019 AK & COMPANY 1,750.00Accounts Payable Check 159792 03/15/2019 ALL SIGNS AND GRAPHICS 266.28Accounts Payable Check 159793 03/15/2019 ALLAN HANCOCK COLLEGE 4,664.77Accounts Payable Check 159794 03/15/2019 AMERICAN MARBORG 115.61Accounts Payable Check 159795 03/15/2019 AMERICAN WEST TIRE & AUTO INC 1,238.86Accounts Payable Check 159796 03/15/2019 KELLY AREBALO 40.00Accounts Payable Check 159797 03/15/2019 ASSOCIATED TRAFFIC SAFETY 244.60Accounts Payable Check 159798 03/15/2019 AT&T 536.79Accounts Payable Check 159799 03/15/2019 AT&T 262.45Accounts Payable Check 159800 03/15/2019 ATASCADERO HAY & FEED 1,947.86Accounts Payable Check 159802 03/15/2019 ATASCADERO MUTUAL WATER CO.2,893.20Accounts Payable Check 159803 03/15/2019 ATASCADERO PICKLEBALL CLUB,INC 243.90Accounts Payable Check 159804 03/15/2019 AVILA TRAFFIC SAFETY 197.79Accounts Payable Check 159805 03/15/2019 ALAN BAKER 32.31Accounts Payable Check 159806 03/15/2019 TERRIE BANISH 208.34Accounts Payable Check 159807 03/15/2019 BELL'S PLUMBING REPAIR, INC.175.00Accounts Payable Check 159808 03/15/2019 KEITH R. BERGHER 405.00Accounts Payable Check 159809 03/15/2019 BERRY MAN, INC.1,634.15Accounts Payable Check 159810 03/15/2019 BIG RED MARKETING, INC.6,500.00Accounts Payable Check 159811 03/15/2019 BREZDEN PEST CONTROL, INC.99.00Accounts Payable Check 159812 03/15/2019 BROOKFIELD ZOO 238.13Accounts Payable Check 159813 03/15/2019 BURKE,WILLIAMS, & SORENSON LLP 18,257.35Accounts Payable Check 159814 03/15/2019 C3 CONSTRUCTION & DEVELOPMENT 3,415.50Accounts Payable Check ITEM NUMBER: A-2 DATE: 04/23/19 ATTACHMENT: 1 Page 16 of 125 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2019 159815 03/15/2019 CA CODE CHECK, INC.4,500.24Accounts Payable Check 159816 03/15/2019 CALLBACK STAFFING SOLUTION,LLC 89.47Accounts Payable Check 159817 03/15/2019 CALPORTLAND CONSTRUCTION 34,475.00Accounts Payable Check 159818 03/15/2019 CARQUEST OF ATASCADERO 103.26Accounts Payable Check 159819 03/15/2019 CENTRAL COAST BREWERS GUILD 5,000.00Accounts Payable Check 159820 03/15/2019 CENTRAL COAST R & R LOCK 40.00Accounts Payable Check 159821 03/15/2019 CHARTER COMMUNICATIONS 6,073.95Accounts Payable Check 159822 03/15/2019 KATHLEEN J. CINOWALT 196.00Accounts Payable Check 159823 03/15/2019 CIO SOLUTIONS, LP 1,600.00Accounts Payable Check 159824 03/15/2019 KAREN A. CLANIN 332.50Accounts Payable Check 159825 03/15/2019 CLEVER CONCEPTS, INC.90.00Accounts Payable Check 159826 03/15/2019 COAST ELECTRONICS 323.23Accounts Payable Check 159827 03/15/2019 COASTAL REPROGRAPHIC SERVICES 6.47Accounts Payable Check 159828 03/15/2019 NICK COONS 399.58Accounts Payable Check 159829 03/15/2019 CORAGGIO GROUP, INC.16,250.00Accounts Payable Check 159830 03/15/2019 CRYSTAL SPRINGS WATER 135.88Accounts Payable Check 159831 03/15/2019 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check 159832 03/15/2019 MARK DARIZ 58.63Accounts Payable Check 159833 03/15/2019 SHARON J. DAVIS 206.50Accounts Payable Check 159834 03/15/2019 DELTA LIQUID ENERGY 80.00Accounts Payable Check 159835 03/15/2019 DEPARTMENT OF JUSTICE 646.00Accounts Payable Check 159836 03/15/2019 DESTINATION TRAVEL NETWORK 380.00Accounts Payable Check 159837 03/15/2019 DOCUTEAM 125.51Accounts Payable Check 159838 03/15/2019 ASHLEY DONOVAN 281.00Accounts Payable Check 159839 03/15/2019 EL CAMINO VETERINARY HOSP 41.90Accounts Payable Check 159840 03/15/2019 ELIMNOLOGY, INC.750.00Accounts Payable Check 159841 03/15/2019 EMPLOYMENT DEVELOPMENT DEPT.1,992.00Accounts Payable Check 159842 03/15/2019 FGL ENVIRONMENTAL 432.00Accounts Payable Check 159843 03/15/2019 SUSAN FUNK 26.74Accounts Payable Check 159844 03/15/2019 RYAN GABBARD 77.00Accounts Payable Check 159845 03/15/2019 GAS COMPANY 1,972.39Accounts Payable Check 159846 03/15/2019 KATHLEEN GROGAN 128.00Accounts Payable Check 159847 03/15/2019 BRADLEY A. HACKLEMAN 372.00Accounts Payable Check 159848 03/15/2019 HANLEY AND FLEISHMAN, LLP 4,162.50Accounts Payable Check 159849 03/15/2019 HART IMPRESSIONS PRINTING 691.98Accounts Payable Check 159850 03/15/2019 BRADLEY L. HILL 3,000.00Accounts Payable Check 159852 03/15/2019 HOME DEPOT CREDIT SERVICES 2,477.81Accounts Payable Check 159853 03/15/2019 INGLIS PET HOTEL 117.76Accounts Payable Check 159854 03/15/2019 IRON MOUNTAIN RECORDS MGMNT 89.16Accounts Payable Check 159855 03/15/2019 JIFFY LUBE 179.91Accounts Payable Check ITEM NUMBER: A-2 DATE: 04/23/19 ATTACHMENT: 1 Page 17 of 125 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2019 159856 03/15/2019 JK2 APPAREL 279.12Accounts Payable Check 159857 03/15/2019 JK'S UNLIMITED 1,609.34Accounts Payable Check 159858 03/15/2019 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check 159859 03/15/2019 BOB JOSLIN 92.00Accounts Payable Check 159860 03/15/2019 KPRL 1230 AM 320.00Accounts Payable Check 159861 03/15/2019 COLETTE LAYTON 109.04Accounts Payable Check 159862 03/15/2019 LIFE ASSIST, INC.767.32Accounts Payable Check 159863 03/15/2019 M & W PUMPS, INC.6,291.23Accounts Payable Check 159864 03/15/2019 MADRONE LANDSCAPES, INC.587.00Accounts Payable Check 159865 03/15/2019 MBS LAND SURVEYS 10,860.00Accounts Payable Check 159866 03/15/2019 SAMUEL HENRY MCMILLAN, JR.144.00Accounts Payable Check 159867 03/15/2019 MICHAEL K. NUNLEY & ASSC, INC.2,070.00Accounts Payable Check 159868 03/15/2019 MARK & ALESE MILLER 344.07Accounts Payable Check 159870 03/15/2019 MINER'S ACE HARDWARE 1,079.20Accounts Payable Check 159871 03/15/2019 MISSION UNIFORM SERVICE 405.26Accounts Payable Check 159872 03/15/2019 REON C MONSON 96.00Accounts Payable Check 159873 03/15/2019 HEATHER MORENO 26.74Accounts Payable Check 159874 03/15/2019 MOTOROLA SOLUTIONS, INC.413.76Accounts Payable Check 159875 03/15/2019 MV TRANSPORTATION, INC.11,176.65Accounts Payable Check 159876 03/15/2019 NATIONAL FIRE FIGHTER WILDLAND 245.69Accounts Payable Check 159877 03/15/2019 NCI AFFILIATES, INC 258.75Accounts Payable Check 159878 03/15/2019 NEOFUNDS 3,000.00Accounts Payable Check 159879 03/15/2019 KELLYE R. NETZ 1,125.00Accounts Payable Check 159880 03/15/2019 HEATHER NEWSOM 58.63Accounts Payable Check 159881 03/15/2019 NORTH COAST ENGINEERING INC.6,739.75Accounts Payable Check 159882 03/15/2019 OAK COUNTRY LUMBER & RANCH 772.91Accounts Payable Check 159883 03/15/2019 OFFICE DEPOT INC.857.97Accounts Payable Check 159884 03/15/2019 O'REILLY AUTOMOTIVE, INC.35.15Accounts Payable Check 159887 03/15/2019 PACIFIC GAS AND ELECTRIC 50,226.30Accounts Payable Check 159888 03/15/2019 MARTIN E. PARIS 150.00Accounts Payable Check 159889 03/15/2019 FLAVIA PAROTTI 86.19Accounts Payable Check 159890 03/15/2019 PETTY CASH-FINANCE DEPARTMENT 245.08Accounts Payable Check 159891 03/15/2019 PROCARE JANITORIAL SUPPLY,INC.459.75Accounts Payable Check 159892 03/15/2019 PROSOUND BUSINESS MEDIA, INC.99.00Accounts Payable Check 159893 03/15/2019 QUINCY ENGINEERING, INC.26,377.20Accounts Payable Check 159894 03/15/2019 SHIRLEY L. RADCLIFF-BRUTON 592.20Accounts Payable Check 159895 03/15/2019 RECOGNITION WORKS 357.19Accounts Payable Check 159896 03/15/2019 RICK ENGINEERING COMPANY 4,618.35Accounts Payable Check 159897 03/15/2019 RACHELLE RICKARD 65.00Accounts Payable Check 159898 03/15/2019 MICHELLE R. ROGERS 112.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 04/23/19 ATTACHMENT: 1 Page 18 of 125 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2019 159899 03/15/2019 SAFARI PROGRAMS, INC.429.60Accounts Payable Check 159900 03/15/2019 SAFETY DRIVERS ED., LLC.27.30Accounts Payable Check 159901 03/15/2019 SAN LUIS POWERHOUSE, INC.353.60Accounts Payable Check 159902 03/15/2019 SERVPRO OF SLO & ATASCADERO 650.00Accounts Payable Check 159903 03/15/2019 THE SHERWIN-WILLIAMS COMPANY 116.90Accounts Payable Check 159904 03/15/2019 JOHN C. SIEMENS 331.10Accounts Payable Check 159905 03/15/2019 SIGTRONICS CORP.300.75Accounts Payable Check 159906 03/15/2019 SLO COUNTY HEALTH AGENCY 73,241.75Accounts Payable Check 159907 03/15/2019 RYAN SLOAN 281.00Accounts Payable Check 159908 03/15/2019 SOUTH COAST EMERGENCY VEH SVC 826.23Accounts Payable Check 159909 03/15/2019 SOUZA CONSTRUCTION, INC.68,361.25Accounts Payable Check 159910 03/15/2019 SPEAKWRITE, LLC.1,174.37Accounts Payable Check 159911 03/15/2019 STANLEY CONVERGENT SECURITY 1,086.72Accounts Payable Check 159912 03/15/2019 SUNLIGHT JANITORIAL, INC.1,700.00Accounts Payable Check 159913 03/15/2019 RONALD R. TARICA 231.00Accounts Payable Check 159914 03/15/2019 TESCO CONTROLS, INC.11,075.42Accounts Payable Check 159915 03/15/2019 TANJA THOMPSON 39.00Accounts Payable Check 159921 03/15/2019 U.S. BANK 23,595.09Accounts Payable Check 159922 03/15/2019 U.S. POSTMASTER 521.00Accounts Payable Check 159923 03/15/2019 ULTREX BUSINESS PRODUCTS 82.83Accounts Payable Check 159924 03/15/2019 ULTREX LEASING 273.80Accounts Payable Check 159925 03/15/2019 USA BLUE BOOK 204.99Accounts Payable Check 159926 03/15/2019 USA NORTH 811 976.17Accounts Payable Check 159927 03/15/2019 VERDIN 19,661.29Accounts Payable Check 159928 03/15/2019 VERIZON WIRELESS 3,210.75Accounts Payable Check 159929 03/15/2019 VILLAGE ORIGINALS, INC.779.27Accounts Payable Check 159930 03/15/2019 VINO VICE, INC.120.00Accounts Payable Check 159931 03/15/2019 VISITOR TELEVISION LLC 640.00Accounts Payable Check 159932 03/15/2019 WARM FUZZY TOYS 1,035.72Accounts Payable Check 159933 03/15/2019 WEBB MUNICIPAL FINANCE, LLC 4,500.00Accounts Payable Check 159934 03/15/2019 WELL SEEN SIGN CO., LLC 104.49Accounts Payable Check 159935 03/15/2019 WILKINS ACTION GRAPHICS 120.09Accounts Payable Check 159936 03/15/2019 KAREN B. WYKE 511.80Accounts Payable Check 159937 03/15/2019 ZEE MEDICAL SERVICES CO.286.72Accounts Payable Check 159938 03/21/2019 ATASCADERO MID MGRS ORG UNION 80.00Payroll Vendor Payment 159939 03/21/2019 ATASCADERO POLICE OFFICERS 1,209.75Payroll Vendor Payment 159940 03/21/2019 ATASCADERO PROF. FIREFIGHTERS 948.60Payroll Vendor Payment 159941 03/21/2019 MASS MUTUAL WORKPLACE SOLUTION 6,035.50Payroll Vendor Payment 159942 03/21/2019 NATIONWIDE RETIREMENT SOLUTION 471.53Payroll Vendor Payment 159943 03/21/2019 NAVIA BENEFIT SOLUTIONS 1,730.18Payroll Vendor Payment ITEM NUMBER: A-2 DATE: 04/23/19 ATTACHMENT: 1 Page 19 of 125 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2019 159944 03/21/2019 SEIU LOCAL 620 828.42Payroll Vendor Payment 159945 03/21/2019 VANTAGEPOINT TRNSFR AGT 106099 349.12Payroll Vendor Payment 159946 03/21/2019 VANTAGEPOINT TRNSFR AGT 304633 4,376.05Payroll Vendor Payment 159947 03/21/2019 VANTAGEPOINT TRNSFR AGT 706276 60.00Payroll Vendor Payment 3260 03/22/2019 ANTHEM BLUE CROSS HSA 8,134.61Payroll Vendor Payment 3261 03/22/2019 STATE DISBURSEMENT UNIT 209.54Payroll Vendor Payment 3262 03/22/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 21,436.06Payroll Vendor Payment 3263 03/22/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 33,210.34Payroll Vendor Payment 3264 03/22/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,471.29Payroll Vendor Payment 3265 03/22/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,784.06Payroll Vendor Payment 3266 03/22/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,690.91Payroll Vendor Payment 3267 03/22/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,969.34Payroll Vendor Payment 3268 03/22/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,648.42Payroll Vendor Payment 3269 03/22/2019 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 10,017.76Payroll Vendor Payment 3270 03/26/2019 RABOBANK, N.A.43,952.94Payroll Vendor Payment 3271 03/26/2019 EMPLOYMENT DEV DEPARTMENT 12,550.01Payroll Vendor Payment 3272 03/26/2019 EMPLOYMENT DEV. DEPARTMENT 1,935.16Payroll Vendor Payment 159948 03/29/2019 A & R CONSTRUCTION 5,244.00Accounts Payable Check 159949 03/29/2019 AGP VIDEO, INC.2,446.74Accounts Payable Check 159950 03/29/2019 AIRFLOW FILTER SERVICE, INC.414.79Accounts Payable Check 159951 03/29/2019 ALLSTAR FIRE EQUIPMENT, INC.205.72Accounts Payable Check 159952 03/29/2019 ALTHOUSE & MEADE, INC.455.00Accounts Payable Check 159953 03/29/2019 AMERICAN MARBORG 115.61Accounts Payable Check 159954 03/29/2019 AMERICAN WEST TIRE & AUTO INC 740.63Accounts Payable Check 159955 03/29/2019 DREW T. ARDOUIN 154.00Accounts Payable Check 159957 03/29/2019 AT&T 974.59Accounts Payable Check 159958 03/29/2019 AT&T 796.17Accounts Payable Check 159959 03/29/2019 ATASCADERO HAY & FEED 889.73Accounts Payable Check 159961 03/29/2019 ATASCADERO MUTUAL WATER CO.3,136.95Accounts Payable Check 159962 03/29/2019 ATASCADERO NEWS 1,506.90Accounts Payable Check 159963 03/29/2019 BASSETT'S CRICKET RANCH,INC.233.99Accounts Payable Check 159964 03/29/2019 BAUER COMPRESSORS 2,642.57Accounts Payable Check 159965 03/29/2019 BELL'S PLUMBING REPAIR, INC.525.00Accounts Payable Check 159966 03/29/2019 BERRY MAN, INC.1,024.50Accounts Payable Check 159967 03/29/2019 BEST BEST & KRIEGER LLP 2,315.85Accounts Payable Check 159968 03/29/2019 BOUND TREE MEDICAL, LLC 379.82Accounts Payable Check 159969 03/29/2019 GREGORY A. BRAZZI 238.00Accounts Payable Check 159970 03/29/2019 BURKE,WILLIAMS, & SORENSON LLP 11,550.74Accounts Payable Check 159971 03/29/2019 CALPORTLAND COMPANY 1,520.53Accounts Payable Check 159972 03/29/2019 CHRISTOPHER M. CARNES 192.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 04/23/19 ATTACHMENT: 1 Page 20 of 125 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2019 159973 03/29/2019 CARQUEST OF ATASCADERO 433.66Accounts Payable Check 159974 03/29/2019 CASEY PRINTING, INC.1,472.09Accounts Payable Check 159975 03/29/2019 CHARTER COMMUNICATIONS 4,171.73Accounts Payable Check 159976 03/29/2019 CIO SOLUTIONS, LP 1,600.00Accounts Payable Check 159977 03/29/2019 COASTAL COPY, INC.330.12Accounts Payable Check 159978 03/29/2019 COLONY MEDIA 980.00Accounts Payable Check 159979 03/29/2019 MIGUEL A. CORDERO 355.00Accounts Payable Check 159980 03/29/2019 CRYSTAL SPRINGS WATER 179.98Accounts Payable Check 159981 03/29/2019 DAN BIDDLE PEST CONTROL SERVIC 135.00Accounts Payable Check 159982 03/29/2019 DELTA LIQUID ENERGY 1,072.46Accounts Payable Check 159983 03/29/2019 DEPARTMENT OF JUSTICE 449.00Accounts Payable Check 159984 03/29/2019 DOGGIE WALK BAGS COMPANY 283.23Accounts Payable Check 159985 03/29/2019 ED'S FLYMEAT LLC 46.95Accounts Payable Check 159986 03/29/2019 ESCUELA DEL RIO 660.00Accounts Payable Check 159987 03/29/2019 FASTENAL COMPANY 124.58Accounts Payable Check 159988 03/29/2019 FERGUSON ENTERPRISES, INC.54.90Accounts Payable Check 159989 03/29/2019 FERRELL'S AUTO REPAIR 49.50Accounts Payable Check 159990 03/29/2019 FGL ENVIRONMENTAL 508.00Accounts Payable Check 159991 03/29/2019 FRESNO CITY COLLEGE 685.00Accounts Payable Check 159992 03/29/2019 GALLS, LLC 22.47Accounts Payable Check 159993 03/29/2019 GAMETIME 295,180.27Accounts Payable Check 159994 03/29/2019 GAS COMPANY 2,271.68Accounts Payable Check 159995 03/29/2019 AMELIA L. GUZMAN 117.00Accounts Payable Check 159996 03/29/2019 CHRISTIAN P. GUZMAN 117.00Accounts Payable Check 159997 03/29/2019 HART IMPRESSIONS PRINTING 18.91Accounts Payable Check 159998 03/29/2019 HINDERLITER, DE LLAMAS 1,491.86Accounts Payable Check 159999 03/29/2019 JOHN S. HURLBURT JR.54.00Accounts Payable Check 160000 03/29/2019 HVS CONVENTION,SPORTS &1,247.70Accounts Payable Check 160001 03/29/2019 EVELYN R. INGRAM 476.00Accounts Payable Check 160002 03/29/2019 IRON MOUNTAIN RECORDS MGMNT 89.27Accounts Payable Check 160003 03/29/2019 J. CARROLL CORPORATION 3,135.20Accounts Payable Check 160004 03/29/2019 JK'S UNLIMITED 1,053.07Accounts Payable Check 160005 03/29/2019 JOANN HEAD LAND SURVEYING 10,975.00Accounts Payable Check 160006 03/29/2019 RACHEL M. JONES 117.00Accounts Payable Check 160007 03/29/2019 KID TEES 1,763.94Accounts Payable Check 160008 03/29/2019 KIDZ LOVE SOCCER 3,181.50Accounts Payable Check 160009 03/29/2019 KNECHT'S PLUMBING & HEATING 475.00Accounts Payable Check 160010 03/29/2019 LUKE KNIGHT 445.34Accounts Payable Check 160011 03/29/2019 KTU+A 262.50Accounts Payable Check 160012 03/29/2019 COLETTE LAYTON 609.04Accounts Payable Check ITEM NUMBER: A-2 DATE: 04/23/19 ATTACHMENT: 1 Page 21 of 125 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2019 160013 03/29/2019 LEE WILSON ELECTRIC CO. INC 1,428.00Accounts Payable Check 160014 03/29/2019 LEHIGH HANSON 1,004.23Accounts Payable Check 160015 03/29/2019 LIEBERT CASSIDY WHITMORE 100.00Accounts Payable Check 160016 03/29/2019 LIFE ASSIST, INC.298.62Accounts Payable Check 160017 03/29/2019 MIRTA MAURO 15.75Accounts Payable Check 160018 03/29/2019 SAMUEL HENRY MCMILLAN, JR.269.00Accounts Payable Check 160019 03/29/2019 SAMUEL H. MCMILLAN, SR.86.00Accounts Payable Check 160020 03/29/2019 MINDY MEADE 6.00Accounts Payable Check 160021 03/29/2019 MEDPOST URGENT CARE-ATASCADERO 240.00Accounts Payable Check 160022 03/29/2019 MICHAEL K. NUNLEY & ASSC, INC.1,473.50Accounts Payable Check 160023 03/29/2019 MID-COAST MOWER & SAW, INC.146.49Accounts Payable Check 160024 03/29/2019 MINER'S ACE HARDWARE 966.33Accounts Payable Check 160025 03/29/2019 MISSION UNIFORM SERVICE 378.58Accounts Payable Check 160026 03/29/2019 MWI ANIMAL HEALTH 151.45Accounts Payable Check 160027 03/29/2019 NATIONAL FIRE FIGHTER WILDLAND 982.76Accounts Payable Check 160028 03/29/2019 NCI AFFILIATES, INC 358.75Accounts Payable Check 160029 03/29/2019 OFFICE DEPOT INC.32.43Accounts Payable Check 160030 03/29/2019 TARA ORLICK 46.40Accounts Payable Check 160031 03/29/2019 PACIFIC CNTRL COAST HLTH CTRS 300.00Accounts Payable Check 160032 03/29/2019 PARK PACIFIC 6,785.31Accounts Payable Check 160033 03/29/2019 PASO ROBLES FORD LINCOLN MERC 683.19Accounts Payable Check 160034 03/29/2019 CASEY J. PATTERSON 2,635.00Accounts Payable Check 160035 03/29/2019 NICHOLAS J. PEREZ 45.00Accounts Payable Check 160036 03/29/2019 PLACEWORKS, INC.9,515.90Accounts Payable Check 160037 03/29/2019 MICHAEL W. PORTER II 39.00Accounts Payable Check 160038 03/29/2019 PRAXAIR DISTRIBUTION, INC.50.75Accounts Payable Check 160039 03/29/2019 PRO TOW 80.00Accounts Payable Check 160040 03/29/2019 PROCARE JANITORIAL SUPPLY,INC.1,951.36Accounts Payable Check 160041 03/29/2019 PTL ENTERPRISES 127.20Accounts Payable Check 160042 03/29/2019 QUALITY CODE PUBLISHING 1,243.20Accounts Payable Check 160043 03/29/2019 QUINN RENTAL SERVICES 515.50Accounts Payable Check 160044 03/29/2019 RAINBOW MEALWORMS,INC.262.45Accounts Payable Check 160045 03/29/2019 RAVATT,ALBRECHT, & ASSC.,INC.4,455.00Accounts Payable Check 160046 03/29/2019 RECOGNITION WORKS 44.29Accounts Payable Check 160047 03/29/2019 SARAH COGAN COMPLIANCE & CONS.482.00Accounts Payable Check 160048 03/29/2019 KEITH B. SCHMIDT 170.00Accounts Payable Check 160049 03/29/2019 SHORE-TEK, INC.436.03Accounts Payable Check 160050 03/29/2019 SPECTRUM REACH 800.00Accounts Payable Check 160051 03/29/2019 STANLEY CONVERGENT SECURITY 392.64Accounts Payable Check 160052 03/29/2019 STAPLES CREDIT PLAN 271.99Accounts Payable Check ITEM NUMBER: A-2 DATE: 04/23/19 ATTACHMENT: 1 Page 22 of 125 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2019 160053 03/29/2019 STATE FIRE TRAINING 65.00Accounts Payable Check 160054 03/29/2019 MICHAEL STORNETTA 1,307.00Accounts Payable Check 160055 03/29/2019 SUNLIGHT JANITORIAL, INC.961.00Accounts Payable Check 160056 03/29/2019 SYNCROMATICS CORP.40,700.00Accounts Payable Check 160057 03/29/2019 TEMPLETON UNIFORMS, LLC 166.31Accounts Payable Check 160058 03/29/2019 THOMA ELECTRIC, INC.325.00Accounts Payable Check 160059 03/29/2019 CHRISTOPHER DANIEL THOMAS 144.00Accounts Payable Check 160060 03/29/2019 TRIBUNE 300.00Accounts Payable Check 160061 03/29/2019 TRIMOTION MEDIA 600.00Accounts Payable Check 160062 03/29/2019 RENE VASQUEZ 281.00Accounts Payable Check 160063 03/29/2019 THOMAS F. VELASQUEZ 50.00Accounts Payable Check 160064 03/29/2019 VERIZON WIRELESS 32.23Accounts Payable Check 160065 03/29/2019 VINO VICE, INC.1,230.00Accounts Payable Check 160066 03/29/2019 WALLACE GROUP 3,377.50Accounts Payable Check 160067 03/29/2019 VOID 0.00Accounts Payable Check 160068 03/29/2019 WEST COAST AUTO & TOWING, INC.2,293.85Accounts Payable Check 160069 03/29/2019 WESTERN JANITOR SUPPLY 240.30Accounts Payable Check 160070 03/29/2019 WILBUR-ELLIS COMPANY 1,727.26Accounts Payable Check 160071 03/29/2019 WILKINS ACTION GRAPHICS 925.95Accounts Payable Check 160072 03/29/2019 ZOO MED LABORATORIES, INC.468.44Accounts Payable Check 160073 03/29/2019 ZOOM IMAGING SOLUTIONS, INC.1,912.80Accounts Payable Check $1,998,603.44 ITEM NUMBER: A-2 DATE: 04/23/19 ATTACHMENT: 1 Page 23 of 125 ITEM NUMBER: A-3 DATE: 04/23/19 Atascadero City Council Staff Report – Public Works Department 2019 Pavement Resurfacing Project Construction Award RECOMMENDATIONS: Council: 1. Award a construction contract for $502,665 to American Asphalt South, Inc. for the 2019 Pavement Resurfacing Project (Project No. C2018R03). 2. Authorize the City Manager to execute a contract with American Asphalt South, Inc. for $502,665 for the construction of the 2019 Pavement Resurfacing 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: The City of Atascadero maintains approximately 140 miles of roadway, ranging from small residential roads to major arterials. An important and cost-effective component of keeping the roadway system in good condition is timely resurfacing treatments on roadways before the pavement deteriorates to a condition that requires structural rehabilitation. The City’s Pavement Management Plan (PMP) esta blishes the break point for resurfacing effectiveness at a Pavement Condition Index (PCI) value of 70 or above. The 2019 Pavement Resurfacing Project combines seven separate arterial and collector streets with a total of 1,086,000 square feet of pavement into a single resurfacing project. In order to keep costs as low as possible, City staff split out crack sealing preparatory work into a small separate project that will be completed prior to resurfacing work beginning. Other work on this project includes removal and replacement of existing striping. The following table itemizes the roadway segments in the project. Page 24 of 125 ITEM NUMBER: A-3 DATE: 04/23/19 2019 Resurfacing Project Roadways Roadway Segment PCI Dimensions Street From To Length (lf) Width* (lf) Area (sf) El Camino Real Hwy 41 San Anselmo Rd 81 7,350 70 518,265 San Anselmo Rd** El Camino Real Dolores Ave 71 2,250 32 71,370 San Jacinto Ave El Camino Real Nogales Ave 81 2,000 28 56,565 Curbaril Ave Hwy 41 101 SB Ramps 80 2,800 30 87,255 Santa Rosa Rd Hwy 41 101 SB Ramps 81 6,750 30 208,125 Santa Barbara Rd San Antonio Rd Viejo Camino 77 2,650 42 110,340 Viejo Camino Halcon Rd Santa Barbara Rd 80 1,100 30 34,110 * Widths vary. Dimension shown is average along segment. **Added section (removed from 2018 ECR North & San Anselmo East project) Design Analysis: Design engineering and preparation of construction plans and specifications were performed in-house by City staff. Staff reviewed the seven roadway segments to determine actual condition and recommended maintenance measures. Microsurfacing was selected as the preferred resurfacing method due to the extended life expectancy and the shorter curing time – which will allow traffic to drive on the treated pavement surfaces sooner. Typically, microsurfacing is expected to extend the existing pavement life from four to seven years depending on existing roadway and subgrade conditions. Given the higher traffic levels on the project roadway segments, inconvenience is expected to motorists, but traffic delays and lane closure times will be minimized considerably by utilizing microsurfacing rather than slurry seal or chip seal treatments . Microsurfacing was used several years ago on El Camino Real between the Von’s Shopping Center and El Bordo Avenue as part of the high-pressure natural gas transmission pipeline work done by Southern California Gas Company. 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. It should be noted, the portion of San Anselmo Road from El Camino Real to Dolores Avenue was originally included on the recently-completed El Camino Real (North) and San Anselmo Road (East) Rehabilitation Project. This section of San Anselmo Road was scheduled to have a slurry seal treatment but cooler temperatures and winter weather prevented this work from occurring. Rather than e xtend the project contract an additional six to eight months, and knowing that a much larger surface treatment project was scheduled for the same timeframe and in close proximity, this section was removed from the ECR/San Anselmo project and included with the 2019 Resurfacing Project. Doing so will provide increase construction efficiency and provide lower overall capital costs. The budget identified Local Transportation Funds (LTF) to be used on this section of San Anselmo Road, which is the funding source for this Project. Page 25 of 125 ITEM NUMBER: A-3 DATE: 04/23/19 Bid Analysis: The project was publicly bid starting March 6, 2019 for a minimum of 30 days in accordance with State Contracting Laws and Atascadero Purchasing Policy. A public bid opening occurred on April 10, 2019 and seven bids were received ranging from $502,665 to $629,106. The bids were reviewed for accuracy and compliance with project bidding requirements, and the City Engineer has determined that American Asphalt South, Inc. of Fontana is the lowest responsive bidder at $502,665. The engineer’s estimate of probable construction costs was $498,000. The current budget (FY18/19) provides $592,000 in LTF monies for project funding. To date, only in-house staff time and advertising costs have been expended to the project and estimated to be under $10,000. Microsurfacing work occurs very quickly compared to pavement rehabilitation, and there are 30 working days to complete construction. Additional staff time, material testing, coordination, and inspection fees are anticipated during construction and estimated to be just over $31,000, or 6% of construction costs. Given the above costs, this project will be able to stay within the budgeted allocations if the construction contingency is lowered to 10%. A standard contingency of 20% is customarily used for capital projects as a safeguard for quantity over-runs and if unknown conditions are discovered that require a change in plans . The risk for unknowns drops significantly on roadway projects if excavation is not a part of construction. In addition, estimated quantities for surface treatment projects such as this are based upon known pavement surface areas (microsurfacing) and known linear measurement (pavement markings), therefore the risk for actual versus estimated quantity deviation drops significantly. A construction contingency of $50,000, or 10%, will be used for this project. For comparison, actual contingencies for the last three roadway pavement surface treatment projects have averaged 3% (FY2015/2016 and FY 2016/2017 Measure F-14 Pavement Maintenance Projects, 1992 Assessment District Project). Environmental Review: The proposed project is Categorically Exempt (Class 1) from the provisions 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.) pursuant to CEQA Guidelines Section 15301, because it is limited to repair and maintenance of existing facilities. A finding of exemption is on fil e in the project records. Page 26 of 125 ITEM NUMBER: A-3 DATE: 04/23/19 FISCAL IMPACT: The following table summarizes the project costs and funding sources: PROPOSED FUNDING USES Design and Bid Phase $ 8,000 Construction Contract $ 502,665 Construction Inspection/Testing/Management (6%) $ 31,335 Construction Contingency (10%) $ 50,000 Total Estimated Expenditure: $ 592,000 BUDGETED FUNDING SOURCES Local Transportation Funds (LTF) – FY18/19 $ 592,000 Total Estimated Expenditure: $ 592,000 PROJECT FUNDING SURPLUS/(SHORTFALL) $ - ALTERNATIVES: Council may cancel the project or direct staff to rebid the project. Neither alternative is recommended since bids were determined to be reasonable and fair, and a rebid will likely result in higher bid proposals. ATTACHMENT: Bid Summary Page 27 of 125 ITEM NUMBER: A-3 DATE: 04/23/19 ATTACHMENT: 1 Page 28 of 125 ITEM NUMBER: A-4 DATE: 04/23/19 Atascadero City Council Staff Report – Community Development Department Alcoholic Beverage Control (ABC) License for On-site Alcohol Sales at 5840 Traffic Way “Raconteur Room” (Type 42 License) (Dole / TSAM LLC) (Request to approve an Alcohol Beverage Control license application for the sale of beer and wine at a wine tasting room for on-site consumption) RECOMMENDATION: Council adopt Draft Resolution finding that a public convenience would be served by allowing the issuance of a Type 42 ABC, On-Sale Beer and W ine for Public Premises License for Raconteur Room, a bar located at 5840 Traffic Way. DISCUSSION: The applicant, Tyler Clark, has applied through the Department of Alcoholic Beverage Control (ABC) for a Type 42 license. The proposed business would be a local bar offering live music in the downtown. Per ABC requirements, beer and wine (but not distilled spirits) can be sold for on-site or off-site consumption. Food service is not required. Minors are not allowed to enter and remain on the premises. The site is zoned Downtown Commercial (DC) within the Downtown General Plan Land Use Designation of Downtown (D). Bars and wine tasting facilities are permitted uses within the downtown zone. No Conditional Use Permit is required. ABC requires a “letter of necessity or convenience” from the City in order to issue a new on-sale beer and wine license at 5840 Traffic Way. Section 23958.4 of the Alcoholic Beverage Control Act requires the local governing body to determine that an ABC license will serve a public convenience or necessity when there is an “Undue Concentration” of Page 29 of 125 ITEM NUMBER: A-4 DATE: 04/23/19 liquor licenses within the impacted census tract. The subject parcel is located in cen sus tract 125.02 which allows up to thirteen (13) licenses (including license Type 42) within the census tract. There are currently twenty nine (29) such licenses active in the census tract. Therefore, Council approval is required to add any additional licenses to the area. The proposed facility is located in the heart of downtown, which the City Council and the Zoning Ordinance have identified as a good location for this type of use. Downtown Atascadero continues to grow as a wine country destination. New restaurants, breweries, and wine bars help to attract residents and tourists to enjoy the downtown. The applicant has stated that the proposed facility at 5840 Traffic Way will will be a place for the community to gather and enjoy local and one of a kind offerings from wineries and breweries from around the world with a mix of music from vinyl records and cassettes to live music with small act bands who write and play their own songs. Staff has reviewed the request and determined that approval of this application, or conditional approval, would not have significant negative impacts on the downtown and that the business will be compatible with the character of the downtown. The Atascadero Police Department has also reviewed the proposed application and does not have concerns or opposition regarding the issuance of an additional Type 42 license at this location. FISCAL IMPACT: A slight positive fiscal impact expected from increased sales tax. ATTACHMENTS: 1. Draft Resolution 2. Location Map 3. Zoning Map 4. Applicant Letter of Justification 5. Census Tract 125.02 Map Page 30 of 125 ITEM NUMBER: A-4 DATE: ATTACHMENT: 04/23/19 1 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, FINDING THAT A PUBLIC CONVENIENCE OR NECESSITY WILL BE SERVED BY ALLOWING THE ISSUANCE OF A TYPE 42 ABC, ON-SALE BEER AND WINE FOR PUBLIC PREMISES, LICENSE FOR A NEW WINE BAR AT 5840 TRAFFIC WAY TYLER CLARK DBA TSAM LLC (RACONTEUR ROOM) WHEREAS, an application has been received from Dirk Dole (PO Box 1745, Templeton, CA, 93465), Property Owner; Tyler Clark (5840 Traffic Way, Atascadero, CA, 93422) dba TSAM LLC and Raconteur Room (5840 Traffic Way, Atascadero, CA, 93422), Applicant; to request that the City Council make a finding of public convenience or necessity to allow the Department of Alcohol Beverage Control (ABC) to issue a Type 42 license at 5840 Traffic Way (APN 029-322-009); and WHEREAS, the site’s current General Plan Designation is Downtown (D); and WHEREAS, the site’s current Zoning Designation is Downtown Commercial (DC); and WHEREAS, bars and taverns are allowed in the Downtown Commercial Zoning District; and WHEREAS, the license is requested at a site that is located approximately 460 feet from public school property; and WHEREAS, the City Council of the City of Atascadero considered the proposed application at a public meeting on April 23, 2019. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. A public convenience will be served by the issuance of a Type 42 On Sale Beer and Wine for Public Premises License to Tyler Clark dba TSAM LLC / for a new bar “Raconteur Room” at 5840 Traffic Way. PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day of _____, 2019. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Page 31 of 125 ITEM NUMBER: A-4 DATE: ATTACHMENT: 04/23/19 1 CITY OF ATASCADERO ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney Page 32 of 125 ITEM NUMBER: A-4 DATE: ATTACHMENT: 04/23/19 2 Location Map Page 33 of 125 ITEM NUMBER: A-4 DATE: ATTACHMENT: 04/23/19 3 Zoning Map Page 34 of 125 ITEM NUMBER: A-4 DATE: ATTACHMENT: 04/23/19 4 Applicant Statement of Justification The Raconteur Room will be a place for the community to gather and enjoy local and one of a kind offerings from wineries and breweries from around the world. We are a husband and wife team that was born and raised locally on the central coast. We are bringing years of industry experience and connections to this new venture. The music will be a mix of vinyl records and cassettes as well as live music with small act bands who write and play their own songs. A Raconteur is a storyteller and the wines and craft beers we feature as well as the music we play all have a story to tell. We are very excited to be part of the Downtown Atascadero community and look forward to working with the other downtown businesses. Page 35 of 125 ITEM NUMBER: A-4 DATE: ATTACHMENT: 04/23/19 5 Census Tract 125.02 Map Page 36 of 125 ITEM NUMBER: A-5 DATE: 04/23/19 Atascadero City Council Staff Report - Public Works Department Adopting a List of Projects for Fiscal Year 2019-2020 Funded by SB1: The Road Repair and Accountability Act of 2017 RECOMMENDATION: Council adopt Draft Resolution adopting a list of projects to be funded with Road Maintenance and Rehabilitation Account revenues from SB 1 (The Road Repair and Accountability Act of 2017) for Fiscal Year 2019-2020. DISCUSSION: Background: The Road Repair and Accountability Act of 2017 (SB 1) provides new funding for local and state jurisdictions to address roadway maintenance and rehabilitation needs, as well as other transportation related projects. This act became law in April 2017 and annual reporting guidelines for local agencies (cities and counties) were finalized in August 2017. These guidelines describe annual reporting requirements and processes for local agencies receiving SB 1 revenues, which primarily involves h aving local agencies identify a list of projects to be funded with SB 1 revenues each fiscal year and reporting expenditures for those projects. The following table is an estimate of the new funding that SB 1 will bring to San Luis Obispo County region over its first ten years (courtesy California City Finance): Page 37 of 125 ITEM NUMBER: A-5 DATE: 04/23/19 The State Controller began depositing various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA) on November 1, 2017. A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. RMRA funding will be generated by the following sources:  An additional 12 cent per gallon increase to the gasoline excise tax effective November 1, 2017.  An additional 20 cent per gallon increase to the diesel fuel excise tax effective November 1, 2017.  An additional vehicle registration tax called the “Transportation Improvement Fee” with rates based on the value of the motor vehicle effective January 1, 2018.  An additional $100 vehicle registration tax on zero emissions (ZEV) vehicles of model year 2020 or later effective July 1, 2020.  Annual rate increases to these taxes beginning on July 1, 2020 (July 1, 2021 for the ZEV fee) and every July 1st thereafter equal to the change in the California Consumer Price Index (CPI). SHC 2032(h)(2) specifies that 50 percent of the balance of revenues deposited into the RMRA, after certain funding is set aside for various programs, will be continuously appropriated for apportionment to cities and counties by the Controller pursuant to the formula in SHC Section 2103(a)(3)(C)(i) and (ii). The other 50 percent of the balance of revenues will fund State highways and transportation infrastructure. The League of California Cities prepared a fact sheet that provides an analysis of the SB 1 funding deal including revenue sources and allocations. A copy of the fact sheet is attached to this report (Attachment 2). Analysis: SB 1 was designed intentionally to provide the most flexibility to local agencies as to how to use these funds, but with a “fix it first” approach to roadway improvements. Annual funds can be used on multiple projects or a single project can be funded with multiple annual revenues like the El Camino Real (North) project. “Betterment” improvement projects can be funded with SB 1 funds but require local agency’s roadway systems to have a comprehensive Pavement Condition Index (PCI) of 80 or higher – Atascadero’s last comprehensive PCI was 47 (2014). In general, staff recommends directing SB 1 revenues to fund roadway repairs, maintenance, and rehabilitation on arterial and collector functional classification roadways. These roadways receive the heaviest use in town and are driven by most of the public compared to residential functional classification roadways. Furthermore, Measure F14 funds have been u sed exclusively on collectors and residential roadways. Arterials and collectors are typically more expensive to repair, support commerce and business activities, have enhanced improvements (sidewalks, bike lanes, etc.), and have higher risk for liability if fallen into disrepair. Staff believes committing additional funding to arterials and collectors will allow the City to continue to improve the busiest and most visible roads in Atascadero. Page 38 of 125 ITEM NUMBER: A-5 DATE: 04/23/19 SB 1 guidelines require local agencies to pass a resolution e ach year that identifies a list of projects for SB 1 funding. The following table summarizes the SB 1 projected and estimated revenues FY17/18 through FY 19/20. The City Council used the combined partial first year (FY17/18) and full second year (FY18/19) revenues toward the El Camino Real (North) Pavement Rehabilitation project from San Anselmo Road (East) to San Benito Road. The current budget allocated $708,510 in SB 1 monies to this project, of which an estimated $33,552 of the available FY19/20 SB 1 funds will go toward funding, leaving an estimated $481,982 left to allocate. The El Camino Real North project was recently completed in fall 2018. Staff recommends allocating the remaining FY19/20 SB 1 funds to the El Camino Real (South) Pavement Resurfacing project. This project involves pavement maintenance and repairs for 1.90 miles of El Camino Real between the south City limits and El Bordo Avenue. This section of El Camino Real was partially reconstructed as part of the Southern California Gas Company’s transmission pipeline project in 2015 -2016 and begins where the Gas Company’s microsurfacing restoration ended (El Bordo Avenue). New pavement markings will be installed and will improve lane identification and overall aesthetics. This project is currently estimated to cost between $800,000 to $1,200,000 and is scheduled for construction in FY20/21. It is anticipated that future SB 1 funds will also be allocated toward this project. Conclusion: The attached Draft Resolution (Attachment 1) will provide the necessary documentation required to be included with the submitted project list to the California Transportation Commission (CTC), which is due May 1, 2019. FISCAL IMPACT: No fiscal impact is anticipated from approving the recommendations in the staff report and the Draft Resolution. ATTACHMENTS: 1. Draft Resolution 2. SB 1 $5.2 Billion Transportation Funding Deal Analysis Fiscal Year Projected1 Estimated2 Difference Notes 2017-2018 178,071$ 181,060$ 2,989$ partial year funding 2018-2019 517,019$ 493,898$ (23,121)$ 2019-2020 515,534$ 515,534$ -$ Total 1,210,624$ 1,190,492$ (20,132)$ 1 Projected amount in resolution/beginning of fiscal year 2 Current estimate or actual collected for fiscal year SB 1 Funding Summary Page 39 of 125 ITEM NUMBER: A-5 DATE: 04/23/19 ATTACHMENT: 1 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2019-2020 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $515,534 of RMRA funding in Fiscal Year 2019-2020 from SB 1; and WHEREAS, the City has undergone a public process to ensure public input into the community’s transportation priorities and capital improvement plans; and WHEREAS, the City used a Pavement Management System to assist in the development of the SB 1 project list to ensure revenues are being used on the most high -priority and cost- effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 139 centerline miles of roads, 20 bridges, and add active transportation infrastructure throughout the City this year and hundreds of similar projects in the future; and WHEREAS, the 2014 Pavement Management Program found that the City’s streets and roads are in a “poor” condition and the revenue will help increase the overall quality of the road system over the next decade, with the anticipation of bringing the streets and roads into a “fair” condition; and WHEREAS, without revenue from SB 1, the City’s streets and roads may continue to degrade into a condition that would require higher costs and expenses to maintain and repair; and WHEREAS, if the Legislature and Governor failed to act, city streets and county roads would have continued to deteriorate, resulting in many and varied negative impacts on the community; and Page 40 of 125 ITEM NUMBER: A-5 DATE: 04/23/19 ATTACHMENT: 1 WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment an individual opens the front door to drive to work, bike to school, or walk to the bus station, they are dependent upon a safe, reliable local transportation network; and WHEREAS, modernizing the local street and road system provides well-paying construction jobs and boosts local economies; and WHEREAS, the local street and road system is also critical for farm to market needs, interconnectivity, multimodal needs, and commerce; and WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and WHEREAS, maintaining and preserving local streets and the road system will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduced vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, restoring roads before they fail reduces construction time, which results in less air pollution from heavy equipment and less water pollution from site run-off; and WHEREAS, the overall investment in the local streets, roads, and complete streets infrastructure, with a focus on basic maintenance and safety, using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. That the recitals set forth hereinabove are true, correct and valid. SECTION 2. The list of projects planned to be funded with SB 1 RMRA revenues for Fiscal Year 2019-2020 include: Project: El Camino Real Rehabilitation – North Description: Major pavement rehabilitation of approximately 0.78 miles of arterial roadway to improve deteriorated pavement conditions and better define roadway configuration for all roadway users, including motorists, bicyclists, and pedestrians. Project will include constructing approximately 250 feet of a “missing link” of sidewalk on the west side to provide pedestrian connectivity. Location: San Anselmo Road (East) to San Benito Road Estimated Useful Life: 15 to 25 years Schedule for Completion: December 2018 Page 41 of 125 ITEM NUMBER: A-5 DATE: 04/23/19 ATTACHMENT: 1 Project: El Camino Real Resurfacing – South Description: Pavement maintenance and rehabilitation of approximately 1.90 miles of arterial roadway to improve deteriorated pavement conditions and better define roadway configuration for all roadway users, including motorists, bicyclists, and pedestrians. Location: South City Limits to El Bordo Avenue Estimated Useful Life: 10 to 20 years Schedule for Completion: December 2021 PASSED AND ADOPTED at a regular meeting of the City Council held on the 23rd day of April, 2019. On motion by Council Member _______________and seconded by Council Member __________________, the foregoing resolution is hereby adopted in its entirety by the following vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO ________ Heather Moreno, Mayor ATTEST: ________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ________ Brian A. Pierik, City Attorney Page 42 of 125 SB 1 $5.2 Billion Transportation Funding Deal Analysis Background: On April 28, 2017, the Governor signed SB 1 (Beall), a historic transportation funding plan generating $52 billion over the next decade. For the last 10 years, the League of California Cities has been ringing the alarms about the poor conditions of our local streets and roads. Beginning with a report in 2008, the League partnered with the California State Association of Counties and regional governments to review local conditions statewide through the biennial needs assessment report. What we found in 2008 remained true in the 2016 report, that there is over $70 billion in unmet funding needs for the local transportation network over the next 10 years and that absent any new funding, that need would have grown by another $20 billion. In addition to the shortfall for the local network, the state highway system faced a similar backlog exceeding $59 billion over the next 10 years, with similar shortfalls for transit as well. In short, each of these shortfalls would have continued to grow and transportation infrastructure would have continued to deteriorate. Therefore, securing funding for transportation, especially for our city streets was the League’s top strategic priority for a number of years. In partnership with other local governments, business, and labor, the League formed the Fix Our Roads Coalition and pushed for SB 1 to make it across the finish line. With 25 years of no new federal transportation funding, increased vehicle fuel efficiency standards, decades of lost purchasing power due to inflation, and severe storms finally taking their toll to wipe out aged infrastructure, 2017 represented the cu lmination of a perfect storm for the overdue passage of the Road Repair and Accountability Act of 2017. Summary: SB 1 represents a comprehensive reform and funding package, providing significant infrastructure investments across all modes of transportation. For local streets and roads, cities and counties will receive an additional $1.5 billion for road maintenance and rehabilitation, doubling the amount local agencies receive to make overdue safety and road improvements upon full implementation. 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: (916) 658-8200 Fax: (916) 658-8240 www.cacities.org ITEM NUMBER: A-5 DATE: 04/23/19 ATTACHMENT: 2 Page 43 of 125 Allocations Revenues will provide the following projected annual allocations: • $1.5 billion for State Highway System maintenance and rehabilitation (continuous appropriation). • $1.5 billion for Local Streets and Roads maintenance and rehabilitation (continuous appropriation). • $1.1 billion restoration of the State Transportation Improvement Program for capital projects and improvement on the state’s highway system. • $750 million for Public Transportation to improve transit operations and capital improvements. • $400 million for Bridges and Culverts. • $300 million for freight, trade corridors, and goods movement in the newly created Trade Corridor Enhancement Account. • $250 million for Congested Corridors to reduce congestion in major commute corridors. • $200 million for the State Local Partnership Program for existing and aspiring self-help jurisdictions. • $100 million for the Active Transportation Program • $27.5 million for Transit and Intercity Rail for capital projects and operations • $25 million for Local Planning Grants. • $25 million for Freeway Service Patrol. • $7 million for California State University and University of California for transportation research and workforce training. • $5 million for Preapprenticeship Programs for five years to assist local agencies implement policies to promote preapprenticeship training programs. • $706 million in Loan Repayments which must conclude by June 30, 2020 in the following amounts1: o $225 million allocated to local streets and roads using existing Section 2103 formulas; o $256 million to the Public Transportation Account, of which up to $20 million goes to local and regional agencies for climate change adaptation planning; and, o $225 million to the State Highway Operation and Protection Program (SHOPP). Revenue Generation (Approximate) • $1.8 billion from a 12-cent increase to the gasoline excise tax and annual adjustments to the current base gas tax and increase for inflation (effective November 1, 2017). The revenue generated from this particular increase would help restore the gas tax’ lost purchasing power due to inflation. The funds attributable to the 12-cent increase would be transferred to the newly created Road Maintenance and Rehabilitation Account (RMRA) for distribution. The first adjustment for inflation is scheduled for July 1, 2020. 1 These are one-time loan repayments and will conclude in 2020. ITEM NUMBER: A-5 DATE: 04/23/19 ATTACHMENT: 2 Page 44 of 125 • $1.1 billion from ending the Board of Equalization (BOE) “true up” and resetting the rate to the historical average of 17.3 cents per gallon, adjusted annually for inflation (effective July 1, 2019). This provision would “reset” the priced based excise tax on gasoline to its original rate of 17.3 cents. The first adjustment for inflation is scheduled for July 1, 2020. • $1.6 billion from a transportation improvement fee, adjusted annual for inflation (effective Spring 2018). This new fee would be used for the research, planning, construction, improvement, maintenance, and operation of public streets and highways (and related facilities to support nonmotorized traffic). It will be collected with the existing vehicle registrati on fees. The amount of the fee will be based on the market value of the vehicle: Car Value Amount Paid Under $5,000 $25 $5,000-$24,999 $50 $25,000-$34,999 $100 $35,000-$59,999 $150 Over $60,000 $175 The fee will be adjusted for inflation beginning July 1, 2020. • $600 million from a 20 cent per gallon increase to the diesel excise tax, adjusted annually for inflation (effective November 1, 2017). Fifty percent of the funds attributable to the 20 cent increase to the diesel excise tax would be transferred to the Trade Corridors Improvement Fund (TCIF). The remaining 50 percent would go to the newly created RMRA. The first adjustment for inflation is scheduled for July 1, 2020. • $300 million from a 4-percentage point increase to the diesel sales tax (effective November 1, 2017). The funds generated through the additional 4-percentage point increase to the diesel sales tax. The State Transit Assistance Program would receive revenues from a 3.5 percentage point increase, and the remaining would go to intercity rail and commuter rail purposes. • $20 million from new $100-dollar Vehicle Registration Fee on zero emission vehicles model year 2020 and later, adjusted annually for inflation (effective July 1, 2020). This provision will apply to new ZEV’s sold after January 1, 2020 and help make up for the fact that owners of zero emission vehicles do not pay any gas tax to maintain the roads they drive on. Revenues would be deposited into the RMRA for distribution. The first adjustment for inflation is scheduled for January 1, 2021. • $706 million from Loan Repayments. $706 million one-time funds for transportation loan repayments which will be repaid proportionately and in equal installments over three years. These funds were originally loaned from the Transportation Congestion Relief Program, which is being closed out (see Other Provisions section below). ITEM NUMBER: A-5 DATE: 04/23/19 ATTACHMENT: 2 Page 45 of 125 Reforms • Constitutional Protections for New Sources of Transportation Revenue Along with the passage of SB 1, the legislature also qualified by a supermajority vote, a constitutional amendment in ACA 5 (Frazier, 2017) that will appear on the June 2018 ballot. If approved by the voters, this measure would prevent the legislature from diverting or borrowing any of the funds generated by the new Transportation Improvement Fee and new increases to the diesel sales tax and guarantee that these funds can only be used for transportation purposes. • Gives the California Transportation Commission (CTC) additional oversight authority over the State Highway Operation and Protection Program (SHOPP). Requires Caltrans to submit additional information on the proposed capital and support budget for projects included in the SHOPP to the CTC for approval. CTC will be required to allocate capital outlay support resources by project phase. As part of the CTC’s review of the proposed program, they must hold at least one hearing in southern California and one hearing in northern California. In addition, CalTrans will be required to receive approval from the CTC for increases in capital or support costs above the initially approved allocation. • Requires transparency from local agencies on what projects they fund with new revenues. Cities and counties are required to submit a list to the CTC, before and after expenditure, of the projects proposed to be funded. The list must be adopted via resolution at a regular meeting and include a description and location of the project, a proposed schedule of completion, and the estimated useful life of the project. Likewise, transit agencies will be required to submit to CalTrans a similar list of projects proposed to be funded and projects completed through the State Transit Assistance Program. Local agencies must submit lists for funding eligibility. • Creates Independent Office of Audits and Investigations at CalTrans. Its role will be to ensure that state and external entities that receive state and federal transportation funds are operating efficiently, effectively, economically, and in compliance with applicable federal and state requirements. External agencies include (but are not limited to) private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department. The director of the office, who will have the title of Inspector General, will serve a six-year term and be appointed by the Governor with Senate confirmation. • Creates an Advanced Mitigation Program for transportation projects. The bill creates the Advance Mitigation Program to enhance communications between CalTrans and stakeholders to protect natural resources through project mitigation, to meet or exceed applicable environmental requirements, to accelerate project delivery, and to fully mitigate environmental impacts from transportation infrastructure projects. CalTrans is required to consult with the Department of Fish and Wildlife on activities. CalTrans will be required to set aside at least $30 ITEM NUMBER: A-5 DATE: 04/23/19 ATTACHMENT: 2 Page 46 of 125 million annually for four years from the State Transportation Improvement Program (STIP) and SHOPP to fund the program. • Requires “complete streets” to be included in the Highway Design Manual. The bill requires CalTrans to update the Highway Design Manual to include the “complete stre ets” design concept (emphasizes safety and access for all users, including pedestrians and bicycles) no later than January 1, 2018. • Requires CalTrans to double the dollar value of its contracts awarded to small businesses. CalTrans is required to develop a plan increases by up to 100 percent the dollar value of contracts and procurements awarded to small businesses, disadvantaged business enterprises, and disabled veterans business enterprises. Outreach must also target minority and women business enterprises. The plan must be developed by January 1, 2020. • CalTrans Efficiency Measures. CalTrans is required to implement efficiency measure with the goal to generate at least $100 million annually in savings, and must report these savings to the CTC. Additional Details on Local Streets and Roads and SHOPP Allocations Funds made available from the Road Maintenance and Rehabilitation Account (which includes the Local Streets and Roads allocations) have several requirements cities should be aware of. • Eligible Uses. Funds made available by the program can be used (1) to satisfy match requirements of a state or federal program or (2) for projects that include, but are not limited to, the following: o Road maintenance and rehabilitation. o Safety projects. o Railroad grade separations. o Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project. o Traffic control devices. If a city’s or county’s pavement condition index meets or exceeds 80, they may use the funds for other transportation purposes. • Maintenance of Effort. Cities and counties must maintain their existing commitment to transportation funding. The commitment must not be less than the average expenditures in 2009-10, 2010-11, and 2011-12 fiscal years. • Recycling Techniques. To the extent possible and cost effective, and where feasible, agencies must use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating the streets and highways, and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method. ITEM NUMBER: A-5 DATE: 04/23/19 ATTACHMENT: 2 Page 47 of 125 • Advanced Automotive Technologies. To the extent possible and cost effective, and where feasible, agencies must use advanced technologies and communications systems in transportation infrastructure that recognize and accommodate advanced automotive technologies that may include, but are not necessarily limited to, charging or fueling opportunities for zero-emission vehicles, and provision of infrastructure-to-vehicle communications for transitional or full autonomous vehicle systems. • Climate Change Adaptation. To the extent deemed cost effective, and where feasible, in the context of both the project scope and the risk level for the asset due to global climate change, agencies must include features in the projects funded by the program to better adapt the asset to withstand the negative effects of climate change and make the asset more resilient to impacts such as fires, floods, and sea level rise. • Complete Streets. To the extent beneficial, cost effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby alternative facilities, and where feasible, agencies must incorporate complete street elements into projects funded by the program, including, but not limited to, elements that improve the quality of bicycle and pedestrian facilities and that improve safety for all users of transportation facilities. • Preapprenticeship Programs. The California Workforce Development Board will develop guidelines for agencies receiving funds to participate in, invest in, or partner with new or existing preapprenticeship training programs. All agencies receiving funds must meet the guidelines by July 1, 2023. Grant recipients are required to outreach to various individuals who may be eligible to participate in preapprenticeship training programs. Other Provisions • Closes out the Traffic Congestion Relief Program (TCRP). All projects without an approved application as of June 30, 2017, for the TCRP will no longer be eligible for funding. Also repeals related provisions in law that authorized the use of tribal gaming compact revenues to partially repay $1.2 billion in loans from the TCRP to the state’s General Fund. • Establishes “safe harbor” timelines for allowable use of commercial vehicles. Establishes timelines for the useful life of commercial vehicle (trucks) until the later of either (1) thirteen years after model year of the original certification of the engine and emission control system or (2) when the vehicle reaches 800,000 vehicle miles or 18 years after the model year of the original certification of the engine and emission control system. However, the new law does not restrict the authority of (CARB) or local air quality districts. CARB is required to evaluate the impact of this provision by January 1, 2025. ITEM NUMBER: A-5 DATE: 04/23/19 ATTACHMENT: 2 Page 48 of 125 • Diesel-Fueled Vehicle compliance with Air Resources Board regulations. Requires the Department of Motor Vehicles (DMV) to confirm compliance with Air Resources Board regulations for specified diesel-fueled vehicles. • Revises allocations for taxes paid for fuel used in off-highway vehicles. o Revenues from the increased taxes derived from fuel for boats and other watercraft will be deposited in the State Parks and Recreation Fund . o Revenues from fuel purchased for agricultural vehicles off-highway use will be deposited into the Department of Food and Agriculture Fund. o Revenues from fuel purchased for other off-highwa y vehicles will be deposited in the State Parks and Recreation Fund to be used for state parks, off -highway vehicle programs, or boating programs. Updated 03/22/2018 ITEM NUMBER: A-5 DATE: 04/23/19 ATTACHMENT: 2 Page 49 of 125 ITEM NUMBER: B-1 DATE: 04/23/19 Atascadero City Council Staff Report - Community Development Department Title 9 and Title 11 Planning and Zoning Text Amendments Annual Code Update ZCH19-0023 RECOMMENDATION: Council introduce for first reading, by title only, the Draft Ordinance amending the Atascadero Municipal Code, Title 9 Planning & Zoning, Section 9 -1.110 Public hearings, Section 9-3.330 Nonresidential district allowable land uses, Sections 9-3.340 through 9-3.345 and 9-3.348 through 9-3.349 Property development standards, Section 9-6.112 Farm animal raising, Section 9-6.174 Seasonal or temporary sales, Section 9-12.104 Required approvals and Title 11 Subdivisions, Section 11-4.06 Noticing of planning commission hearing on tentative map and determining this Ordinance is exempt from review under the California Environmental Quality Act. DISCUSSION: At a public hearing held on April 9, 2019 the Council reviewed proposed text amendments to Titles 9 &11 of the Atascadero Municipal Code. During the meeting Council directed staff to amend some of the proposed changes and continued the public hearing to the April 23, 2019 Council meeting for further review/discussion. The text amendments proposed at the April 9, 2019 meeting included changes to the land use table for commercial zoning districts that would shift all outdoor dominant uses to a use permit process regardless of size. After discussio n, Council directed staff to eliminate this proposed use permit requirement and maintain these uses as allowable in each zone with increased clarity related to the use permit trigger if outdoor storage or sales area occupies 10,000 square feet of the site or greater. Throughout the commercial use chart (Table 3-2 – Nonresidential Use Table Allowed Land Uses and Permit Requirements, as identified in Attachment 1, Exhibit B ) staff has added footnotes to clarify the requirement to obtain use permit approval when outdoor storage or sales areas reach or exceed 10,000 square -feet. Since the uses in question generally trigger a use permit based on the nature of the use, and specifically in the CPK zone - the size of available parcels, staff is proposing splitting these uses into two categories in the use table to clearly designate the use permit trigger based on outdoor use area. Page 50 of 125 ITEM NUMBER: B-1 DATE: 04/23/19 Amendments to the use table are proposed with the following format: Farm Equipment and Supplies w/ outdoor storage or sales area less than 10,000sf A A A A A Farm Equipment and Supplies w/ outdoor storage or sales area 10,000 sf or greater CUP CUP CUP CUP CUP These changes have been made to Farm Equipment and Supplies, Horticultural Specialties, Building Materials and Hardware, and Contract Construction Services for all zoning districts where they are allowed or proposed to be listed as an allowable use. ALTERNATIVE: As an option, Council may consider reducing the amount of outdoor storage and display of items within all commercial zones to 5,000 square feet unless a conditional use permit is obtained. The current outdoor storage limitation is 10,000 squa re feet without conditional review. ATTACHMENTS: 1. Draft Ordinance 2. Public Hearing Staff Report - April 9, 2019 Page 51 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE, TITLE 9 PLANNING & ZONING, SECTION 9-1.110 PUBLIC HEARINGS, SECTION 9-3.330 NONRESIDENTIAL DISTRICT ALLOWABLE LAND USES, SECTIONS 9-3.340 THROUGH 9-3.345 AND 9-3.348 THROUGH 9-3.349 PROPERTY DEVELOPMENT STANDARDS, SECTION 9-6.112 FARM ANIMAL RAISING, SECTION 9-6.174 SEASONAL OR TEMPORARYSALES, SECTION 9-12.104 REQUIRED APPROVALS AND TITLE 11 SUBDIVISIONS, SECTION 11-4.06 NOTICING OF PLANNING COMMISSION HEARING ON TENTATIVE MAP AND DETERMINING THIS ORDINANCE IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (ZCH19-0023) WHEREAS, an application has been received from the City of Atascadero (6500 Palma Ave., Atascadero, CA 93422), to consider Zone Change Text Amendments to Title 9 Planning and Zoning and Title 11 Subdivisions of the Atascadero Municipal Code, (ZCH19-0023); and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact amendments to Title 9 Planning and Zoning and Title 11 Subdivisions of the Atascadero Municipal Code for consistency with the General Plan and to maintain a clear and legible set of Zoning Regulations that are easily interpreted by the public and staff; and WHEREAS, a timely and properly noticed Public Hearing, upon the subject Planning and Zoning Text Change application, was held by the Planning Commission of the City of Atascadero at which, hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments; and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on March 19, 2019, studied and considered said amendments; and WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of proposed amendments to Title 9 Planning and Zoning and Title 11 Subdivisions, of the Atascadero Municipal Code as presented to them on March 19, 2019; and WHEREAS, the laws and regulations relating to the preparation and public noticing of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Text Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and Page 52 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1 WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on April 23, 2019, studied the Planning Commission’s recommendations and considered the proposed zoning text amendments. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular session assembled on March 27, 2018, resolved to introduce for first reading, by title only, an Ordinance that would amend the City Zoning Code Text as shown in Exhibit B, attached hereto and incorporated herein by this reference. SECTION 3. Facts and Findings. The City Council makes the following findings, determinations and approvals with respect to the Zone Text Amendment: A. Findings for Approval of a Zone Text Change FINDING: (i) The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed zone text amendments align the code requirements with the vision, intent, and policies of the adopted General Plan. FINDING: (ii) This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed text amendment provides for orderly development within the Commercial zoning districts in accordance with the adopted General Plan and will allow for the orderly use of residential land for the raising of farm animals associated with youth projects. FINDING: (iii) The Text Change will not, in itself, result in significant environmental impacts. FACT: The proposed text changes are minor and do not trigger any environmental impacts. SECTION 4. Approval. Atascadero Municipal Code Title 9 Planning & Zoning and Title 11 Subdivisions are amended as detailed in Exhibit B, attached hereto and incorporated herein by this reference. SECTION 5. CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). Page 53 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1 SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such previous Atascadero Municipal Code provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 9. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 10. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances, make a note of the passage and adoption in the records of this meeting and within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. INTRODUCED at a regular meeting of the City Council held on April 23, 2019, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on ______. CITY OF ATASCADERO ______________________________ Heather Moreno, Mayor ATTEST: ______________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Page 54 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1A Page 55 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1B 9-6.112 Farm animal raising (h) Modification of Certain Standards. The minimum site area and allowable animal density standards set forth in this section may be adjusted through administrative use permit approval (refer to Section 9- 1.112) subject to compliance with the criteria set forth in this section, except that these standards may also be modified through Conditional Use Permit approval (refer to Section 9-2.110) if these criteria cannot be satisfied. The setback, maintenance and special requirements standards may not be modified by administrative use permit or conditional use permit. (1) Youth Projects. An adjustment not to exceed one (1) additional animal equivalency unit per acre or an adjustment to reduce the minimum site area by no more than twenty-five (25) percent may be granted for a youth project sponsored by a recognized organization, subject to the following criteria: (i) The project is for a limited duration with a known termination date at which time the project animal will be removed from the site and the site brought into conformance with all applicable standards; and (ii) There is an adult project supervisor who has reviewed and approved, in writing, the project and who can take corrective action if necessary regarding the project; and (iii) All other standards of the section including setbacks, maintenance and special standards applicable to the project are and will be continuously satisfied; and (iv) The site otherwise conforms to the standards set forth in the section; and (v) All animals maintained on the site are owned by the residents of the premises; and (vi) The youth involved in the project has demonstrated in prior adjustments, if applicable, the responsibility to maintain the project in a satisfactory manner. 9-3.330 Nonresidential district allowable land uses. Notes: (These notes apply only to Table 3-2). 6 Mobile food vending permitted if use is located outside of right-of-way and located on private property with owner’s permission and City review of parking and access on-site. Mobile food trucks used as part of an event may be permitted in the right-of-way with the issuance of an Event Permit. 9-6.174 Seasonal or temporary sales. Seasonal sales include the retail sale of seasonal products such as produce and Christmas trees. Temporary sales include retail trade activities of short duration which involve the sale of other products. Both types of sales occur outdoors or in locations not otherwise designated by this title as being appropriate for permanent retail trade facilities. Such activities are subject to the provisions of this section. (a) Licensing Requirement. Business license clearance is required for all seasonal or temporary sales, except sidewalk sales when conducted by merchants with previously approved annual business licenses; and (b) Temporary Sales Generally. Temporary sales of items other than seasonal agricultural products are allowed only in conjunction with temporary events (Section 9-6.177), except: (1) The temporary sale of handcrafted items and artwork, produced by an authorized home occupation are allowable as set forth in Section 9-6.105. (2) Sidewalk or Temporary sales are allowed in commercial zones when: (i) Conducted by the merchants of shops abutting the sidewalk; and (ii) Authorized by an encroachment City permit (if using the public sidewalk or are a mobile vendor in the right-of-way); and. (iii) Such sales are conducted no more frequently than one (1) two (2) day period in every ninety (90) days. Page 56 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1B 9-3.330 Nonresidential district allowable land uses. Table 3-2 identifies the uses of land allowed by this Zoning Code in each nonresidential district, and the planning permit required to establish each use, in compliance with Chapters 9-1 and 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. Table 3-2 – Nonresidential Use Table Allowed Land Uses and Permit Requirements Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Agricultural Resources Agricultural Produce Stands A A A A 9-6.117 Farm Equipment and Supplies w/ outdoor storage or sales area less than 10,000sf A A A A A Farm Equipment and Supplies w/ outdoor storage or sales area 10,000 sf or greater CUP CUP CUP CUP CUP Farmers’ Market CUP CUP CUP CUP CUP A A Horticultural Specialties w/ outdoor sales or storage area less than 10,000 sf A A A A A A A 9-6.116 Horticultural Specialties w/ outdoor storage or sales area 10,000 sf or greater CUP CUP CUP CUP CUP CUP CUP 9-6.116 Large Scale Ag Manufacturing CUP CUP A 9-6.103 Residential Uses Page 57 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Age Restricted Housing CUP Caretaker’s Residence/Employee Unit CUP CUP CUP Live/Work Unit A1 Multifamily Dwelling CUP2 CUP2 CUP2 CUP2 A1 A1 Single-Family Dwelling A1 A1 Single-Room CUP 9-6.184 Recreation, Education, and Public Assembly Amusement Services A A A A A A Churches and Related Activities CUP CUP 9-6.121 Indoor Recreation Services CUP CUP CUP A A CUP CUP CUP Libraries, Museums A A A A A A Membership Organizations A A CUP CUP Outdoor Recreation Services CUP CUP A 9-6.123 Parks and Playgrounds A A Public Assembly and Entertainment CUP CUP A CUP CUP Schools – Business and Vocational A A A A CUP CUP CUP CUP 9-6.125 Schools A A A CUP CUP 9-6.125 Social and Service Organizations A A A Page 58 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Sports Assembly CUP CUP A Temporary Events A/ CUP3 CUP A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A A 9-6.177 Tourism, Lodging, and Dining Bar/Tavern CUP CUP CUP A Bed and Breakfast CUP CUP CUP CUP Drive-Through Sales or Services CUP CUP CUP CUP CUP CUP 9-4.122 Eating and Drinking Places A A A A A A A A A A Hotels, Motels CUP A A A CUP Microbrewery – Brewpub A CUP A A A A A A A A Recreational Vehicle Parks A 9-6.180 Tasting Room A CUP A A A A A A A A Retail Trade and Sales4 Accessory Storage A4 A4 A4 A4 A4 A4 A4 9-6.103 Adult Oriented Business A A A A 9-16 Artisan Foods and Products A A A A5 A A Auto Dealers (New and Used) and Supplies CUP CUP CUP CUP CUP 9-6.163 Building Materials and Hardware w/ outdoor sales or storage area less than 10,000sf A A A A A A 9-6.165 Building Materials and Hardware w/ outdoor sales or CUP CUP CUP CUP CUP CUP 9-6.165 Page 59 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I storage area 10,000sf or greater Fuel Dealer A A4 A CUP A4 A4 9-6.129 General Retail A4 A4 A4 A4 A4 A4 A4 General Retail Greater than 50,000 sf CUP CUP CUP CUP CUP CUP CUP Mobile Eating and Drinking Vendors6 A A A A A A A A Retail Sales— Restricted A CUP CUP Sales Lots CUP CUP CUP CUP 9-6.139 Service Stations CUP CUP CUP A CUP 9-6.164 Temporary or Seasonal Sales A A A A A A A A A 9-6.174 Services—Business, Financial and Professional ATM A A A A A A A A A A Financial Services and Banks A A A A A A CUP A Government Offices and Facilities A A A A A A CUP9 A A A Health Care Services A A A CUP A CUP9 A Offices A A A A A A CUP9 A Temporary Offices A A A 9-6.176 General Services Animal Hospitals CUP7 CUP A CUP 9-6.110 Auto Repair and Services CUP A A CUP A A 9-6.168 Page 60 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Business Support Services A A A A A A A A Contract Construction Services w/ outdoor storage or sales area less than 10,000 sf A A A A Contract Constriction Services w/ outdoor storage or sales area 10,000 sf or greater CUP CUP CUP CUP Day Care Childcare Center A A A CUP 9-6.125 Large Family Day Care CUP8 CUP8 9-6.125 Small Family Day Care A8 A8 A8 A8 A8 Adult Day Care Facility A A A CUP Kennels CUP A 9-6.111 Laundromat/Coin- Operated Laundry A CUP A CUP A CUP A CUP A CUP A CUP A A Medical Extended Care Services: 6 Residents or Less A CUP A CUP A CUP A CUP A CUP A CUP 9-6.134 Medical Extended Care Services: 7 Residents or More A A CUP 9-6.134 Mini-Storage CUP CUP A A Mortuary Services A A Personal Services A A A A A CUP A Personal Service A CUP CUP Page 61 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Restricted Printing and Publishing CUP CUP A4 A4 A4 RCFE – Assisted Living A A CUP A 9-6.135 RCFE – Independent Living/Senior Apartments CUP CUP CUP 9-6.135 RCFE – Retirement Hotel CUP CUP CUP 9-6.135 Residential Care: 6 Residents or Less A1 A1 9-6.135 Vehicle and Equipment Storage4 CUP CUP A4 A4 9-6.183 Industrial, Wholesale, Manufacturing Uses Brewery – Production CUP CUP A A Collection Stations A4 A4 A4 A4 A4 A4 A4 A4 9-6.130 Laundries and Dry Cleaning Plants A A A A Medical Research CUP A A CUP A A Manufacturing and Processing - Low Intensity CUP CUP A A A A Manufacturing and Processing – High Intensity4 CUP CUP AUP AUP Recycling and Scrap CUP CUP 9-6.131 Recycling Centers CUP CUP 9-6.132 Research and Development CUP A A CUP A A A Page 62 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Storage, Recycling and Dismantling of Vehicles and Material CUP A A 9-6.131 Warehousing CUP CUP A A Wholesaling and Distribution Center4 AUP AUP A4 A4 A4 A4 Winery – Boutique A4 A4 A4 A4 A4 A4 A4 Winery – Production CUP CUP A4 A4 Transportation Communication and Infrastructure Broadcast Studios A A Data and Computer Services Center AUP AUP CUP A A Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP Telecommunication Facility CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Transit Stations CUP CUP A CUP CUP CUP CUP CUP Utility Facilities CUP CUP CUP CUP CUP CUP CUP CUP Vehicle and Freight Terminals CUP CUP CUP Utility Infrastructure A A CUP A A A CUP CUP A A Notes: (These notes apply only to Table 3-2). 1 Residential uses allowed only on second and third floors. If a project is required to provide a unit in compliance with the Americans with Disabilities Act, the handicapped accessible unit may be located on a first floor. A first floor unit shall be located in a non-storefront location within a tenant space. 2 Multi-family dwellings permitted when located on the second floor or above, or within an existing residential structure of historical significance. 3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a conditional use permit (Section 9-2.110). 4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of 10,000 square feet or more require the approval of a conditional use permit (Section 9-2.110), even if such a development is listed as an allowable use in a particular zoning district. 5 Handcrafted and artisan food production shall be ancillary to the retail component. 6 Mobile food vending permitted if use is located outside of right-of-way and located on private property. 7 When no overnight stays of animals are included. 8 Permitted when in association with conforming and legal nonconforming residences. Page 63 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1B 9 Allowed above ground floor. Conditional use permit required on ground floor on Palma, East Mall, West Mall Entrada, Traffic Way and on El Camino Real north of Atascadero Creek as designated in Figure 3-1, subject to all of the following findings: a. The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related use s. b. The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses. c. The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian traffic, and active uses in the downtown. d. The proposed new office will meet parking, accessibility, and property development standards and will not result in new parking along Atascadero Creek, East Mall or West Mall. e. The proposed new office building will provide a storefront and other architectural features that complement the pedestrian scale and retail environment desired within the downtown. 11-4.06 Notice of planning commission hearing on tentative map. The Planning Commission shall hold a public hearing on the tentative map, and notice thereof shall be given as provided in Section 66451.3 of the Map Act, except those subdivisions proposed within an area zoned Residential Suburban (RS), where all owners of real property within a one thousand (1,000) foot radius of the subject property shall receive notice as provided herein. Any interested person may appear at such hearing and shall be heard. Each street frontage of property to be subdivided shall be clearly posted by the applicant with a “Notice of Intent to Subdivide” provided by the Community Development Department at the time that a complete application for subdivision is filed 9-1.110 Public hearings. When a public hearing before the Planning Commission or the City Council is required by this title, such hearing shall be conducted as follows: (a) Notice of Hearing. Notice of a public hearing shall include the time and place of the hearing, a general description of the request, the location of the site, and any additional information which the Planning Director deems appropriate. Such notice shall be given at least ten (10) days before the hearing by first class mail with postage prepaid to all persons whose names and addresses appear on the last equalized assessment rolil as owning property within three hundred (300) feet from the exterior boundaries of the parcel which is the subject of the hearing, except for projects in the RS zoning district which shall require that notices be sent to all such properties within a one thousand feet (1000) from the exterior boundaries of the project site. Such notice shall also be published at least once at least ten (10) days before the hearing in a newspaper of general circulation, published and circulated in the City, or if there is none, it shall be posted in at least three (3) public places in the City. 9-3.340 Property development standards. New subdivisions, land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the Sections 9-3.461 through 9-3.450 9-3.341 through 9-3.444, in addition to applicable standards (e.g., landscaping, parking, fencing, etc.) in Chapter 9-4, and Special Land Use Regulation in Chapter 9-6 of this title. (Ord. 602 § 2, 2016) 9-3.341 CN Zone. The following are property development standards for the CN in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Neighborhood Zone. The minimum lot size in the Commercial Neighborhood Zone shall be one half (1/2) acres. Smaller lot sizes Page 64 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1B may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Neighborhood Zone. (b) Multifamily Dwellings. Multifamily dwellings are permitted with a minor conditional use permit when located on the second floor or above. 9-3.342 CP Zone. The following are property development standards for the CP in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Professional Zone. The minimum lot size in the Commercial Professional Zone shall be one half (1/2) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Professional Zone. 9-3.343 CR Zone. The following are property development standards for the CR in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Retail Zone. The minimum lot size in the Commercial Retail Zone shall be one half (1/2) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Retail Zone. (b) Parking. Parking areas designated to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty (30) inches in height. (c) Setback. A minimum freeway setback of ten (10) feet shall be provided. Said setback area shall be landscaped. (d) Utilities. All new and existing utilities shall be installed underground. 9-3.344 CS Zone. The following are property development standards for the CS in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Service Zone. The minimum lot size in the Commercial Service Zone shall be one (1) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Service Zone. 9-3.345 CT Zone. The following are property development standards for the CT in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Tourist Zone. The minimum lot size in the Commercial Tourist Zone shall be one (1) acre. Smaller lot sizes may be allowed for Page 65 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 1B planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Tourist Zone. 9-3.348 IP Zone. The following are property development standards for the IP zoning district, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title. (a) Lot Size. There shall be no minimum lot size in the Industrial Park Zone. The minimum lot size in the Industrial Park Zone shall be two (2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Industrial Park Zone. 9-3.349 I Zone. The following are property development standards for the I zoning district, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title. (a) Lot Size. There shall be no minimum lot size in the Industrial Zone. The minimum lot size in the Industrial Zone shall be two (2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Industrial Zone. 9-12.104 Required approvals. No condominium project or condominium conversion shall be permitted unless a conditional use permit is approved pursuant to the provisions of this chapter and Section 9-2.110 of this Code. Condominium projects and condominium conversions shall also require a Tentative Map or Vesting Tentative Map tentative and final a Final Map or Parcel Map map pursuant to Title 11 of this Code, and shall be subject to all applicable provisions of the Subdivision Map Act, Title 11 of this Code, and all other applicable state and local laws and ordinances. Provisions for notice, hearing, and appeal shall be as specified in Title 9 and Title 11 of this Code for conditional use permits and tentative maps, respectively, except as modified by the provisions of this chapter. (Ord. 523 § 2, 2007) Page 66 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 ITEM NUMBER: B-1 DATE: 04/09/19 Atascadero City Council Staff Report - Community Development Department Title 9 and Title 11 Planning and Zoning Text Amendments Annual Code Update ZCH19-0023 RECOMMENDATION: Planning Commission recommends Council: Introduce for first reading, by title only, Draft Ordinance amending the Atascadero Municipal Code, Title 9 Planning & Zoning and Title 11 Subdivisions, Section 9-6.112 farm animal raising, Section 9-3.330 nonresidential district allowable land uses, Section 9-6.174 seasonal or temporary or seasonal sales, Section 11-4.06 noticing of Planning Commission hearing on tentative map, Section 9-1.110 public hearings, Section 9-3.340 through Section 9-3.345 and 9-3.348 through 9-3.349 property development standards, and Section 9-12.104 required approvals, based on findings and determining that this Ordinance is exempt from review under the California Environmental Quality Act. DISCUSSION: Background: In August of 2016, the Planning Commission recommended the City Council adopt a substantial update to the zoning regulations, which included changes to land use definitions and “clean-up” of inconsistencies between the Atascadero Municipal Code (AMC) and the General Plan. In September of 2016, the City Council approved these amendments. At that time, staff noted that an annual update of the zoning regulations may be essential to continue to keep the document responsive to the community while continuing to refine consistency with the General Plan in addition to streamlining the development review process. An annual update and refinement was completed in 2017. However, due to limited staffing and heavy workload, the 2018 update is just now being completed. This amendment aims to clarify a number of inconsistencies, gain closer alignment with General Plan policies and clarify land uses such as storage uses and fuel station uses within commercial zones. Page 67 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 Analysis: The proposed text updates/clarifications are included below: 1. Animal Density Standards for Youth Projects (Section 9-6.112 Farm animal raising) The AMC currently allows, through approval of an Administrative Use Permit (AUP), farm animal raising associated with youth projects to occur on lots that are slightly smaller than the minimal site area normally required. This permit process currently costs almost $1,000 and requires a public hearing. The City recognizes that this process is too onerous for many youth and their families to go through and deters compliance with the requirements. The AUP process allows for one additional animal equivalency unit OR a slightly smaller required parcel size for youth projects meeting the required criteria outlined in the AMC. Where a one-acre minimum lot size is usually required, the exception allows youth projects on a ¾ acre lot. The exception also allows for one additional large animal on a lot one acre in size or greater. The City understands that raising farm animals, even for the short period of time required for most Youth Projects, can have negative impacts on the surrounding neighbors. While the proposed text changes eliminate the need for an Administrative Use Permit, the Youth Projects will still need to comply with the standardized requirements currently included in the AMC Sect ion 9-6.112. The standardized requirements include:  Reduction of the minimum lot size by up to 25% OR one additional large animal or equivalent number smaller animals  There must be a responsible adult supervisor for the project  All other standards of Section 9-6.112 Farm Animal Raising must be adhered to which include setbacks to animal enclosures, maintenance, and any special standards.  All animals on the site have to be owned by the residents of the property  There have been no prior complaints about the youth’s ability to meet the standards of the section. 2. Mobile Food Vending (9-3.330 Nonresidential district allowable land uses & 9-6.174 Seasonal or temporary sales.) The current zoning chart (AMC 9-3.330 Table 3-2, Attachment 2) restricts mobile food vending to private property only; however, the public safety code allows vendors to stop in the right-of-way for a period of fifteen minutes or less if hailed by a patron. With the growth of the food truck industry and trends toward using food trucks to supplement permanent businesses, staff is proposing code changes to provide greater flexibility for the use of food trucks consistent with the vehicle code and temporary event requirements. Food trucks that are more permanent in nature will not be affected by the proposed code amendments and Page 68 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 will remain governed by any applicable building code and commercial development requirements. The proposed code amendment allows food trucks to stop in the right-of-way consistent with vehicle code and be used in association with commercial temporary events where parking in the right-of-way outside of the travel lanes is requested. The proposed change most directly affects downtown businesses that have limited on-site parking areas. The code amendments will allow food trucks to park in on-street parking spaces with the approval of a temporary event permit and encroachment permit. Additional code modifications have been included to comply with new State law related to sidewalk vending. In accordance with new State law, cities cannot prohibit sidewalk vending as long as certain health and safety conditions are adhered to. There are two sidewalk vendor criteria in the existing City code that are in conflict with this new State law. The first requires sidewalk sales to be conducted by the merchants of shops abutting the sidewalk . Per new State law, any person compliant with State and local regulations is allowed to vend goods from the sidewalk. Secondly, the existing code limits sidewalk or temporary sales to no more frequently than one (1) two (2) day period in every ninety (90) days. State law does not allow this level of restriction on sidewalk sales businesses. These two criteria are proposed for deletion. Staff is also proposing to change the permit language for sidewalk sales from “encroachment permit” to “City permit”, which will allow the City flexibility in defining the process as a policy and program are established in the future. The proposed code text also eliminates restricting sales to commercial zones as this is inconsistent with State law. 3. CPK Storage Uses / Commercial Retail - Vehicle Storage Use, Fueling Stations (9-3.330 Nonresidential district allowable land uses.) The 2016 and 2017 zone text amendments focused on ensuring that uses for each zone remain consistent with the intent of the General Plan. The Commercial Park and Commercial Retail zoning districts are the City’s most visible properties and the most valuable in terms of commerce and reflection of quality. These properties line El Camino Real and Highway 101 and give Atascadero its character. Zoning amendments are needed to ensure that the Commercial Park and Retail zones remain available for quality projects that support the local economy while still reflecting the City’s unique character and staying true to the General Plan. Currently, the Zoning Ordinance allows industrial and storage uses to occupy the areas along Highway 101. However, the zoning also requires that any land use that includes 10,000 sf or more of outdoor storage automatically require a conditional use permit. This discrepancy commonly creates misunderstandings and results in land uses being established in locations not intended by the General Plan. Instead, uses such as construction yards, vehicle storage, Page 69 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 contractor’s yards, and similar high intensity uses that involve little or no public visitation, low employee counts, and high amounts of outdoor st orage should be subject to conditional approval and are more suitable in Service Commercial and Industrial zones. The General Plan envisions the Commercial Park (CPK) zoning district for indoor land uses that involve office parks, tech companies, small scale manufacturing, and business park developments. The entirety of the zoning designation is located at the north end of the City (north and south of Del Rio Road) between El Camino Real and Highway 101. This district was not intended to be utilized for outdoor storage or contractor’s yards. The Commercial Retail (CR) zoning district dominates a majority of El Camino Real and is envisioned to accommodate shopping and customer based service uses that have a high degree of interaction with the public. There are a few uses listed in the current use table that do not support this goal. Instead, such uses are more appropriate in the Commercial Service, Industrial, or other zones, preserving our valuable retail land for restaurants, retail, light services, and mixed-use projects. In order to preserve the intent of the General Plan, the following uses are proposed to be modified:  Change building materials and hardware, contract construction services, farm equipment and supplies, and horticultural specialties, from an allowed use to a Conditional Use Permit (CUP) in the Commercial zones. This will allow for use permit review for uses that have an outdoor storage component, and will allow the incorporation of appropriate property development standards to ensure quality appearance.  Add horticultural specialties as an allowed use in the Industrial and Industrial Park zone where large outdoor operations are appropriate.  Change service stations from an allowed to a conditionally allowed use in the Commercial Tourist zone. Service stations generally have traffic and aesthetic concerns that necessitate additional review to ensure neighborhood compatibility.  Remove vehicle and equipment storage, fuel dealer uses from the CR zone. These uses are appropriate in Commercial-Service and Industrial zones.  Change fuel dealer to a conditional use permit in the CPK zone to allow for additional review of outdoor storage spaces.  Change medical extended care services and assisted living developments to conditional use permits to allow for review of surrounding use compatibility.  Eliminate medical extended care services and assisted living developments from the Commercial Service zoning districts for consistency with the General Plan which calls for intensive retail or service uses such as lumber yards, auto sales, wholesaling, equipment repair, and other non-pedestrian oriented uses. Page 70 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2  Eliminate medical extended care services and assisted living developments from the Neighborhood Commercial zoning districts for consistency with the General Plan which calls for small markets, salons, and smaller scale personal services. For all commercial zones, notes clarifying the requirement for conditional use permit approval if outdoor storage is equal to or greater than 1000 -square feet are proposed as follows:  Accessory Storage, general retail, fuel dealer, collection stations, building materials and hardware, vehicle and equipment storage, winery – production, printing & publishing, winery – boutique, wholesaling & distribution center. The City is also currently preparing a plan for the El Camino Corridor that will look at appropriate uses and zoning designations for a major ity of the properties along El Camino Real. It is anticipated additional changes will be proposed in the future Citywide General Plan update based on the recommendations of this plan. This minor update is a first step in ensuring that uses listed for the retail district achieve the goals and vision that are already described in the current General Plan. 4. Lot Posting Requirements for Subdivisions (11-4.06 otice of Planning Commission hearing on tentative map.) The AMC currently requires sites proposed for subdivision to be posted once the map is deemed complete. An application for subdivision is deemed complete once the City receives enough information to complete their analysis. Th e current AMC posting requirement is an additional step in the process that is unnecessary and not required by the Subdivision Map Act or other State law. The proposed text amendment eliminates this additional lot posting requirement. Sites will continue to be posted prior to any public hearing per state and local requirements. 5. Neighborhood Notice Radii for Development Projects (9-1.110 Public hearings.) The California Environmental Quality Act and the Atascadero Municipal Code require noticing to all owners within 300-feet of a proposed project boundary. The AMC increases the noticing radius to 1,000-feet for subdivisions within the RS zone due to the large lot sizes and need to extend notifi cation beyond the adjoining parcels. It has been the City’s practice to notice all projects within the RS zone at the 1,000-foot radius, although it is only technically required for subdivisions. The proposed update would codify the City’s policy and requi re 1,000-foot noticing for all projects in the RS zone that require a public hearing, allowing the City to recoup postage costs. Page 71 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 6. Minimum Lot Sizes in Commercial Zoning Districts (9-3.340 Property development standards, 9-3.341 CN Zone, 9-3.342 CP Zone, 9-3.343 CR Zone, 9-3.344 CS Zone, 9-3.345 CT Zone, 9-3.348 IP Zone, & 9-3.349 I Zone) The Municipal Code currently does not establish minimum lot sizes in the commercial zoning districts. This allows for flexible ownership configurations within larger integrated commercial developments. However, the lack of a minimum lot size is problematic when commercial subdivisions are used for the purpose of separating a non-conforming use from a new development or when subdivisions are proposed without a comprehensive development plan. Resulting parcels can often be too small to accommodate reasonable uses as envisioned by the General Plan and as listed in the Zoning Ordinance. This perpetuates vacant, underutilized, or non-conforming lots to exist with no incentive or realistic plan to develop. The proliferation of small lots along the City’s commercial corridor is one of several factors that have reduced the economic potential of our commercial corridor. Establishing logical minimum lot sizes for commercial districts will help the City preserve commercial land for the uses that were envisioned by the General Plan. The proposed code text establishes a one-half (1/2) acre minimum lot size in the Commercial Neighborhood, Commercial Professional, and Commercial Retail zoning districts. The commercial retail zone generally sees uses that are indoor - focused and have no or limited outdoor use areas. A one-half (1/2) acre minimum lot size will allow maximum development flexibility while retaining appropriate land area for parking and other required site improvements. Staff is recommending a one (1) acre minimum lot size in the Commercial Service and Commercial Tourist zoning districts. This will ensure tha t uses such as auto repair and light manufacturing in the Commercial Service zone, and large scale hotels and restaurants in the Commercial Tourist zone will have enough site area to accommodate required ancillary improvements. A two (2) acre minimum lot size is proposed for the Industrial and Industrial Park zoning districts. Parcels in this zone are intended for larger scale uses that can have a sizable outdoor component in addition to larger buildings that house production based and storage uses. A two (2) acre minimum will allow parcels to be marketable for their intended uses while remaining consistent with the intent of the General Plan. A similar parcel size minimum for the industrial zones will help preserve these important income producing parcels in the City to help sustain our local economy and reduce the potential for these sites to be cut up into small underutilized lots. Our Industrial zone currently includes several large parcels that are around Traffic Way, Via Avenue and Sycamore along the Salinas River. Within each zoning district, exceptions to the minimum lot size are included for subdivisions that are part of a planned commercial or industrial center development. In order to allow for smaller lot sizes in these districts for such a Page 72 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 planned commercial development, a finding must be made that smaller lot sizes will not be detrimental to the purpose of the zoning district. 7. Condominium Maps (9-12.104 Required approvals.) Section 12 of Title 9 states that tentative and final maps are required for processing of a condominium map. A tentative map is simply an exhibit that is submitted to the planning department so that we may review the lot dimensions, easements and other property issues prior to approval. The final map is the actual recording mechanism that is recorded at the County recorder’s office. However, the State’s Subdivision Map Act utilizes different language that confuses our terminology. The Map Act only uses the term “final map” in relation to a subdivision that involves five or more lots (otherwise known as a Tract Map), while the Map Act uses the term Parcel Map to designate the recording instrument used to finalize either a tract map or a small subdivisio n with less than five lots. With this inconsistency between the Subdivision Map Act and City code, even the well trained planner and City engineer who is accustomed to the terminology becomes perplexed. The proposed changes simply clarify that Parcel Maps are included in the review and recordation process for condominium subdivisions as applicable. Proposed Environmental Determination: The California Environmental Quality Act (CEQA), Section 15061(3)(b), exempts activities which are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed text amendment will not have any significant adverse environmental impacts. Conclusion: The proposed text amendments are consistent with the General Plan and are part of an annual effort to align the zoning regulations with City policy while ensuring the City has an accurate and legible code. Each year, a series of zoning amendments will be explored in order to keep the zoning ordinance a “living document” that can be responsive to economic development and the latest changes to state and local policies. FISCAL IMPACT Since the proposed Zoning clarifications are intended to refine consistency with the General Plan, there is a potential small savings of staff time. Some of the amendments are intended to streamline processes, thereby reducing staff time and potentially reducing fiscal impact, while other amendments are intended to clarify zoning for public use, with the intent of reducing staff interpretation time. Page 73 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 ALTERNATIVES 1. The Council may modify the text amendments to the Draft Ordinance. 2. The Council may determine that more information is needed on the proposed revisions and may refer the item back to staff to develop additional information. The Council should clearly state the type of information that is required and move to continue the item to a future date. 3. The Council may deny some or all of the proposed text amendments. The Council should specify the reasons for denial and recommend an associated finding with such action. ATTACHMENTS: 1. Draft Ordinance Page 74 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/09/19 1 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE, TITLE 9 PLANNING & ZONING, SECTION 9-6.112 FARM ANIMAL RAISING, SECTION 9-3.330 NONRESIDENTIAL DISTRICT ALLOWABLE LAND USES, SECTION 9-6.174 SEASONAL OR TEMPORARY OR SEASONAL SALES, , SECTION 9-1.110 PUBLIC HEARINGS, SECTION 9-3.340 THROUGH 9-3.345 AND 9-3.348 THROUGH 9-3.349 PROPERTY DEVELOPMENT STANDARDS, SECTION 9-12.104 REQUIRED APPROVALS AND TITLE 11 SUBDIVISIONS, SECTION 11- 4.06 NOTICING OF PLANNING COMMISSION HEARING ON TENTATIVE MAP AND DETERMINING THIS ORDINANCE IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (ZCH19-0023) WHEREAS, an application has been received from the City of Atascadero (6500 Palma Ave., Atascadero, CA 93422), to consider Zone Change Text Amendments to Title 9 Planning and Zoning and Title 11 Subdivisions of the Atascadero Municipal Code, (ZCH19-0023); and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact amendments to Title 9 Planning and Zoning and Title 11 Subdivisions of the Atascadero Municipal Code for consistency with the General Plan and to maintain a clear and legible set of Zoning Regulations that are easily interpreted by the public and staff; and WHEREAS, a timely and properly noticed Public Hearing, upon the subject Planning and Zoning Text Change application, was held by the Planning Commission of the City of Atascadero at which, hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments; and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on March 19, 2019, studied and considered said amendments; and WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of proposed amendments to Title 9 Planning and Zoning and Title 11 Subdivisions, of the Atascadero Municipal Code as presented to them on March 19, 2019; and Page 75 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 WHEREAS, the laws and regulations relating to the preparation and public noticing of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Text Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on April 9, 2019, studied the Planning Commission’s recommendations and considered the proposed zoning text amendments. NOW, THEREFORE BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular session assembled on March 27, 2018, resolved to introduce for first reading, by title only, an Ordinance that would amend the City Zoning Code Text as shown in Exhibit B, attached hereto and incorporated herein by this reference. SECTION 3. Facts and Findings. The City Council makes the following findings, determinations and approvals with respect to the Zone Text Amendment: A. Findings for Approval of a Zone Text Change FINDING: (i) The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed zone text amendments align the code requirements with the vision, intent, and policies of the adopted General Plan. FINDING: (ii) This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed text amendment provides for orderly development within the Commercial zoning districts in accordance with the adopted General Plan and will allow for the orderly use of residential land for the raising of farm animals associated with youth projects. FINDING: (iii) The Text Change will not, in itself, result in significant environmental impacts. FACT: The proposed text changes are minor and do not trigger any environmental impacts. Page 76 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 SECTION 4. Approval. Atascadero Municipal Code Title 9 Planning & Zoning and Title 11 Subdivisions are amended as detailed in Exhibit B, attached hereto and incorporated herein by this reference. SECTION 5. CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such previous Atascadero Municipal Code provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 9. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 10. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances, make a note of the passage and adoption in the records of this meeting and within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. INTRODUCED at a regular meeting of the City Council held on April 9, 2019, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on ______. Page 77 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 CITY OF ATASCADERO ______________________________ Heather Moreno, Mayor ATTEST: ______________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Page 78 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/09/19 1A Page 79 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/09/19 1B 9-6.112 Farm animal raising (h) Modification of Certain Standards. The minimum site area and allowable animal density standards set forth in this section may be adjusted through administrative use permit approval (refer to Section 9- 1.112) subject to compliance with the criteria set forth in this section, except that these standards may also be modified through Conditional Use Permit approval (refer to Section 9-2.110) if these criteria cannot be satisfied. The setback, maintenance and special requirements standards may not be modi fied by administrative use permit or conditional use permit. (1) Youth Projects. An adjustment not to exceed one (1) additional animal equivalency unit per acre or an adjustment to reduce the minimum site area by no more than twenty-five (25) percent may be granted for a youth project sponsored by a recognized organization, subject to the following criteria: (i) The project is for a limited duration with a known termination date at which time the project animal will be removed from the site and the site brought into conformance with all applicable standards; and (ii) There is an adult project supervisor who has reviewed and approved, in writing, the project and who can take corrective action if necessary regarding the project; and (iii) All other standards of the section including setbacks, maintenance and special standards applicable to the project are and will be continuously satisfied; and (iv) The site otherwise conforms to the standards set forth in the section; and (v) All animals maintained on the site are owned by the residents of the premises; and (vi) The youth involved in the project has demonstrated in prior adjustments, if applicable, the responsibility to maintain the project in a satisfactory manner. 9-3.330 Nonresidential district allowable land uses. Notes: (These notes apply only to Table 3-2). 6 Mobile food vending permitted if use is located outside of right-of-way and located on private property with owner’s permission and City review of parking and access on-site. Mobile food trucks used as part of an event may be permitted in the right-of-way with the issuance of an Event Permit. 9-6.174 Seasonal or temporary sales. Seasonal sales include the retail sale of seasonal products such as produce and Christmas trees. Temporary sales include retail trade activities of short duration which involve the sale of other products. Both types of sales occur outdoors or in locations not otherwise designated by this title as being appropriate for permanent retail trade facilities. Such activities are subject to the provisions of this section. (a) Licensing Requirement. Business license clearance is required for all seasonal or temporary sales, except sidewalk sales when conducted by merchants with previously approved annual business licenses; and (b) Temporary Sales Generally. Temporary sales of items other than seasonal agricultural products are allowed only in conjunction with temporary events (Section 9-6.177), except: Page 80 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 (1) The temporary sale of handcrafted items and artwork, produced by an authorized home occupation are allowable as set forth in Section 9-6.105. (2) Sidewalk or Temporary sales are allowed in commercial zones when: (i) Conducted by the merchants of shops abutting the sidewalk; and (ii) Authorized by an encroachment City permit (if using the public sidewalk or are a mobile vendor in the right-of-way); and. (iii) Such sales are conducted no more frequently than one (1) two (2) day period in every ninety (90) days. 9-3.330 Nonresidential district allowable land uses. Table 3-2 identifies the uses of land allowed by this Zoning Code in each nonresidential district, and the planning permit required to establish each use, in compliance with Chapters 9-1 and 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. Table 3-2 – Nonresidential Use Table Allowed Land Uses and Permit Requirements Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Agricultural Resources Agricultural Produce Stands A A A A 9-6.117 Farm Equipment and Supplies A CUP A CUP A CUP A A Farmers’ Market CUP CUP CUP CUP CUP A A Horticultural Specialties A CUP A CUP A CUP A CUP A CUP A A 9-6.116 Large Scale Ag Manufacturing CUP CUP A 9-6.103 Residential Uses Age Restricted Housing CUP Caretaker’s Residence/Employee CUP CUP CUP Page 81 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 Unit Live/Work Unit A1 Multifamily Dwelling CUP2 CUP2 CUP2 CUP2 A1 A1 Single-Family Dwelling A1 A1 Single-Room Occupancy Units CUP 9-6.184 Recreation, Education, and Public Assembly Amusement Services A A A A A A Churches and Related Activities CUP CUP 9-6.121 Indoor Recreation Services CUP CUP CUP A A CUP CUP CUP Libraries, Museums A A A A A A Membership Organizations A A CUP CUP Outdoor Recreation Services CUP CUP A 9-6.123 Parks and Playgrounds A A Public Assembly and Entertainment CUP CUP A CUP CUP Schools – Business and Vocational A A A A CUP CUP CUP CUP 9-6.125 Schools A A A CUP CUP 9-6.125 Social and Service Organizations A A A Sports Assembly CUP CUP A Temporary Events A/ CUP3 CUP A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A A 9-6.177 Tourism, Lodging, and Dining Bar/Tavern CUP CUP CUP A Bed and Breakfast CUP CUP CUP CUP Drive-Through Sales or Services CUP CUP CUP CUP CUP CUP 9-4.122 Eating and Drinking Places A A A A A A A A A A Page 82 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 Hotels, Motels CUP A A A CUP Microbrewery – Brewpub A CUP A A A A A A A A Recreational Vehicle Parks A 9-6.180 Tasting Room A CUP A A A A A A A A Retail Trade and Sales4 Accessory Storage A4 A4 A4 A4 A4 A4 A4 9-6.103 Adult Oriented Business A A A A 9-16 Artisan Foods and Products A A A A5 A A Auto Dealers (New and Used) and Supplies CUP CUP CUP CUP CUP 9-6.163 Building Materials and Hardware A CUP A CUP A4 A CUP A4 A4 9-6.165 Fuel Dealer A A4 A CUP A4 A4 9-6.129 General Retail A4 A4 A4 A4 A4 A4 A4 General Retail Greater than 50,000 sf CUP CUP CUP CUP CUP CUP CUP Mobile Eating and Drinking Vendors6 A A A A A A A A Retail Sales— Restricted A CUP CUP Sales Lots CUP CUP CUP CUP 9-6.139 Service Stations CUP CUP CUP A CUP 9-6.164 Temporary or Seasonal Sales A A A A A A A A A 9-6.174 Services—Business, Financial and Professional ATM A A A A A A A A A A Financial Services and Banks A A A A A A CUP A Government Offices and Facilities A A A A A A CUP9 A A A Health Care Services A A A CUP A CUP9 A Page 83 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 Offices A A A A A A CUP9 A Temporary Offices A A A 9-6.176 General Services Animal Hospitals CUP7 CUP A CUP 9-6.110 Auto Repair and Services CUP A A CUP A A 9-6.168 Business Support Services A A A A A A A A Contract Construction Services A A CUP A A Day Care Childcare Center A A A CUP 9-6.125 Large Family Day Care CUP8 CUP8 9-6.125 Small Family Day Care A8 A8 A8 A8 A8 Adult Day Care Facility A A A CUP Kennels CUP A 9-6.111 Laundromat/Coin- Operated Laundry A A A A A CUIP A A Medical Extended Care Services: 6 Residents or Less A A CUP 9-6.134 Medical Extended Care Services: 7 Residents or More A A CUP 9-6.134 Mini-Storage CUP CUP A A Mortuary Services A A Personal Services A A A A A CUP A Personal Service Restricted A CUP CUP Printing and Publishing CUP CUP A4 A4 A4 RCFE – Assisted Living A A CUP A 9-6.135 RCFE – Independent Living/Senior CUP CUP CUP 9-6.135 Page 84 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 Apartments RCFE – Retirement Hotel CUP CUP CUP 9-6.135 Residential Care: 6 Residents or Less A1 A1 9-6.135 Vehicle and Equipment Storage4 CUP CUP A4 A4 9-6.183 Industrial, Wholesale, Manufacturing Uses Brewery – Production CUP CUP A A Collection Stations A4 A4 A4 A4 A4 A4 A4 A4 9-6.130 Laundries and Dry Cleaning Plants A A A A Medical Research CUP A A CUP A A Manufacturing and Processing - Low Intensity CUP CUP A A A A Manufacturing and Processing – High Intensity4 CUP CUP AUP AUP Recycling and Scrap CUP CUP 9-6.131 Recycling Centers CUP CUP 9-6.132 Research and Development CUP A A CUP A A A Storage, Recycling and Dismantling of Vehicles and Material CUP A A 9-6.131 Warehousing CUP CUP A A Wholesaling and Distribution Center4 AUP AUP A4 A4 A4 A4 Winery – Boutique A4 A4 A4 A4 A4 A4 A4 Winery – Production CUP CUP A4 A4 Transportation Communication and Infrastructure Broadcast Studios A A Data and Computer Services Center AUP AUP CUP A A Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP Telecommuni-cation CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Page 85 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 11-4.06 Notice of planning commission hearing on tentative map. The Planning Commission shall hold a public hearing on the tentative map, and notice thereof shall be given as provided in Section 66451.3 of the Map Act, except those subdivisions proposed within an area zoned Residential Suburban (RS), where all owners of real property within a one thousand (1,000) foot radius of the subject property shall receive notice as provided herein. Any interested person may appear at such hearing and shall be heard. Each street frontage of property to be subdivided shall be clearly posted by the applicant with a “Notice of Intent to Subdivide” provided by the Community Development Department at the time that a complete application for subdivision is filed 9-1.110 Public hearings. When a public hearing before the Planning Commission or the City Council is required by this title, such hearing shall be conducted as follows: (a) Notice of Hearing. Notice of a public hearing shall include the time and place of the hearing, a general description of the request, the location of the site, and any additional information which the Planning Director deems appropriate. Such notice shall be given at least ten (10) days before the hearing by first class mail with postage prepaid to all persons whose names and addresses appear on the last equalized assessment rolil as owning property within three hundred (300) feet from the exterior boundaries of the parcel which is the subject of the hearing, except for projects in the RS zoning district which shall require that notices be sent to all such properties within a one thousand feet (1000) from the exterior boundaries of the project site. Such notice shall also be published at least once at least ten (10) days before the hearing in a newspaper of general circulation, published and circulated in the City, or if there is none, it shall be posted in at least three (3) public places in the City. 9-3.340 Property development standards. New subdivisions, land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the Sections 9-3.461 through 9-3.450 9-3.341 through 9-3.444, in addition to applicable standards (e.g., landscaping, parking, fencing, etc.) in Chapter 9-4, and Special Land Use Regulation in Chapter 9-6 of this title. (Ord. 602 § 2, 2016) 9-3.341 CN Zone. The following are property development standards for the CN in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Neighborhood Zone. The minimum lot size in the Commercial Neighborhood Zone shall be one half (1/2) acres. Smaller lot sizes Facility Transit Stations CUP CUP A CUP CUP CUP CUP CUP Utility Facilities CUP CUP CUP CUP CUP CUP CUP CUP Vehicle and Freight Terminals CUP CUP CUP Utility Infrastructure A A CUP A A A CUP CUP A A Page 86 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Neighborhood Zone. (b) Multifamily Dwellings. Multifamily dwellings are permitted with a minor conditional use permit when located on the second floor or above. 9-3.342 CP Zone. The following are property development standards for the CP in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Professional Zone. The minimum lot size in the Commercial Professional Zone shall be one half (1/2) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Professional Zone. 9-3.343 CR Zone. The following are property development standards for the CR in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Retail Zone. The minimum lot size in the Commercial Retail Zone shall be one half (1/2) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Retail Zone. (b) Parking. Parking areas designated to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty (30) inches in height. (c) Setback. A minimum freeway setback of ten (10) feet shall be provided. Said setback area shall be landscaped. (d) Utilities. All new and existing utilities shall be installed underground. 9-3.344 CS Zone. The following are property development standards for the CS in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Service Zone. The minimum lot size in the Commercial Service Zone shall be one (1) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Service Zone. 9-3.345 CT Zone. The following are property development standards for the CT in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Tourist Zone. The minimum lot size in the Commercial Tourist Zone shall be one (1) acre. Smaller lot sizes may be allowed for Page 87 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Tourist Zone. 9-3.347 DC/DO Zone. The following are property development standards for both the DC and DO zoning districts, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title. Development Feature Requirement by Zoning District DC DO Downtown Commercial Downtown Office Minimum lot size No minimum Setbacks Minimum and maximum setbacks required. See Section 9-4.103 for setback requirement, allowed projections into setbacks, and exceptions to setbacks. Front None allowed, except for building insets designed to accommodate outdoor eating and seating areas, and except for East Mall between El Camino Real and Palma Avenue, where a minimum of 20 feet is required. As required by Section 9-4.106 when adjacent to a residential zone, none required otherwise. Sides (each) None required Rear None required Creek To be determined through Design Review Height limit 45 feet not to exceed 3 stories; 18 feet on the west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H-B, Atascadero Colony Map. 35 feet Landscaping As required by Section 9-4.124 et seq. (Landscaping, screening and fencing) Off-street parking None required, except as required by Section 9-4.114 for hotels, motels, residential uses, offices, government offices and facilities, and health care services, and for all development east of Atascadero Creek. As required by Section 9-4.114 et seq. Page 88 of 125 ITEM NUMBER: B-1 DATE: ATTACHMENT: 04/23/19 2 Signs See Chapter 9-15 Density 20 dwelling units/acre maximum 20 dwelling units/acre maximum 9-3.348 IP Zone. The following are property development standards for the IP zoning district, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title. (a) Lot Size. There shall be no minimum lot size in the Industrial Park Zone. The minimum lot size in the Industrial Park Zone shall be two (2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Industrial Park Zone. 9-3.349 I Zone. The following are property development standards for the I zoning district, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title. (a) Lot Size. There shall be no minimum lot size in the Industrial Zone. The minimum lot size in the Industrial Zone shall be two (2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Industrial Zone. 9-12.104 Required approvals. No condominium project or condominium conversion shall be permitted unless a conditional use permit is approved pursuant to the provisions of this chapter and Section 9-2.110 of this Code. Condominium projects and condominium conversions shall also require a Tentative Map or Vesting Tentative Map tentative and final a Final Map or Parcel Map map pursuant to Title 11 of this Code, and shall be subject to all applicable provisions of the Subdivision Map Act, Title 11 of this Code, and all other applicable state and local laws and ordinances. Provisions for notice, hearing, and appeal shall be as specified in Title 9 and Title 11 of this Code for conditional use permits and tentative maps, respectively, except as modified by the provisions of this chapter. (Ord. 523 § 2, 2007) Page 89 of 125 ITEM NUMBER: C-1 DATE: 04/23/19 Atascadero City Council Staff Report – Community Development Department Sphere of Influence Review RECOMMENDATION: Council review the City’s Sphere of Influence and provide staff with feedback towards a future Sphere of Influence and City/County MOU update. DISCUSSION: Background: The City has been working with the San Luis Obispo Local Agency Formation Commission (LAFCO) and the County of San Luis Obispo in reviewing the City’s Sphere of Influence boundary and Memorandum of Agreement (MOA) between the City and the County. The Sphere of Influence (SOI) is simply a boundary established outside of the City limit line that illustrates where the City might grow and where City services may be extended to. This staff report is intended to facilitate a discussion about the intent and purpose of the Sphere of Influence, and what options we may have for a future update to the SOI. This report also clarifies what determinations are required and what parameters LAFCO uses to establish an SOI. In 1972, LAFCOs were given the power to determine spheres of influence for all local governmental agencies. Factors considered in a sphere of influence review focus on the current and future land use, the current and future need and capacity for service, and any relevant communities of interest. Simply defined, a sphere of influence is a planning boundary outside of an agency’s legal boundary that designates the agency’s probable future boundary and service area. According to the Cortese Knox Hertzberg (CKH) Act of 2000, every five years, LAFCO shall, as necessary, review and update spheres for all cities and special districts. The previous review and update of the SOI for Atascadero occurred in 2011. The Cortese Knox Hertzberg Act defines an SOI and illustrates its purpose: “The purpose of the sphere of influence is to ensure the provision of efficient services while discouraging urban sprawl and the premature conversion of agricultural and open space lands. The SOI helps to organize and rationalize services and development by identifying areas that might be reasonably served by a jurisdiction. Commissions Page 90 of 125 ITEM NUMBER: C-1 DATE: 04/23/19 cannot tell agencies what their planning and land use goals should be. Rather, on a regional level, LAFCOs coordinate the orderly development of a community by reconciling differences between agency plans so that the most efficient urban service arrangements are created for the benefit of area residents and property owners.” LAFCO establishes a sphere of influence by implementing local policies and preparing a Municipal Service Review (MSR). A municipal service review provides information about the services provided by a jurisdiction that help support the Sphere of Influence decision. The SOI and MSR Update go hand in hand in making decisions about the SOI. SLO LAFCO is in the third round of updating the 52 SOI’s in the County. Memorandum of Agreement LAFCO staff facilitates the development of a Memorandum of Agreement (MOA) between the County and the City. The MOA can help create a mutual understandin g regarding the development of unincorporated areas that surround the City. In fact, the MOA has a greater weight on the treatment of development outside the City’s boundary than an SOI boundary line. Through the MOA process, specific study areas and areas of interest are considered by the City and County to determine whether or not they are in the SOI. Areas of interest may also serve as planning referral boundaries between the County and City for discretionary land use entitlements. When the County receives an application for a discretionary review (use permit), the County forwards their review of the application to the City for comments if it is within the City’s area of interest. In another example, the current MOA between the City and the County discusses development in the Eagle Ranch area and requires annexation of the area instead of development under County jurisdiction. Areas of interest can be reviewed and updated periodically when a SOI/MSR Update is prepared. Areas of interest can be separate from study areas, greenbelts, and spheres of influence. Some cities have studied and identified areas of interest as part of their General Plan update process. Areas of interest or study areas need not be within a City’s SOI boundary. Study Areas are used by LAFCO to analyze a specific territory that may be considered when establishing a sphere of influence. These areas get greater focus and review of specific criteria. Analysis such as agricultural preservation contracts, prime farmland, soil classification, crop data and others are gathered to inform LAFCO about the areas’ need for urban services or protection from loss of agricultural and open space to meet LAFCO’s purpose. It is also important, but not required, that a jurisdic tion has a plan for the future of a particular Study Area. This plan can be incorporated into the City’s General Plan. As mentioned above, LAFCO defines a sphere of influence as, “a plan for the probable physical boundaries and service area of a local agency, as determined by the Commission.” Typically, a sphere of influence is the territory a city or district is expected to annex and supply services to in the future. Thus, spheres of influence are usually larger in area than the actual boundaries of a city or district, although they can be the same as the city or district boundaries. It is very important to understand that: Spheres of Influence do not give a jurisdiction any more legal authority or regulatory control in a particular area and should not be used as a protective or defensive boundary. Page 91 of 125 ITEM NUMBER: C-1 DATE: 04/23/19 However, annexation of land into the City may be made only if the property to be annexed is already within the sphere of influence of the annexing agency. It is possible, however, to request an adjustment the City’s sphere at any time, even if it is outside of the sphere of influence update study period. LAFCO’s Role, Process, Criteria and Determinations The CKH Act establishes procedures for local government changes of organization, including city incorporations, annexations to a city or special district, and city and special district consolidations. Local Agency Formation Commissions have numerous powers under the CKH Act, but those of primary concern a re their power to act on local agency boundary changes and to adopt spheres of influence for local agencies. Among LAFCOs’ purposes are the discouragement of urban sprawl and the encouragement of the orderly formation and development of local agencies. Responsibilities of LAFCO in areas affecting local government in the county are as follows:  Discourage urban sprawl and encourage the orderly growth and development of local government agencies  Prevent premature conversion of agricultural and open space lands  Review and approve or disapprove proposals for changes in the boundaries and organization of the 7 cities, 35 independent special districts and approximately 10 county-governed special districts plus incorporations of cities and formations of special districts  Establish and periodically update spheres of influence, future boundary, organization and service plans for the county's cities and special districts  Perform and assist in studies of local government agencies with the goal of improving efficiency and reducing costs of providing services The CKH Act specifies the process that LAFCOs must follow and the written determinations LAFCOs must make in order to update or amend a sphere of influence. San Luis Obispo LAFCO policies help establish the boundary of the sphere of influence for cities and special districts within the County. Typically, these exclude parcels outside an Urban Growth Boundaries and/or Urban Reserve Lines of a jurisdiction. Some of the following criteria are used when considering the establishment of the sphere of influence boundary:  Existing uses or future development plans  Size & development potential of parcels or need for services  Topographical & physical considerations and constraints  Jurisdiction’s willingness to serve  Jurisdiction’s ability to serve  Planning principles  Legal agreements  City and County General Plans Page 92 of 125 ITEM NUMBER: C-1 DATE: 04/23/19 The following written determinations are required by LAFCOs when establishing a sphere of influence for a jurisdiction according to Section 56425(e)(1-4) of the Cortese-Knox Hertzberg Act:  Present and planned land uses in the area, including agriculture, and open space lands;  Present and probable need for public facilities and services in the area;  Present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide; and  Existence of social or economic communities of interest in the area if the Commission determines that they are relevant to the agency.  The present and probable need for those public facilities and services of any disadvantaged unincorporated communities within the existing sphere of influence. Conclusion: LAFCO is currently in the process of evaluating the sphere of influence f or our Community. This process engages both the City and the County in discussions regarding the appropriate treatment of properties at the City’s boundaries, along with the future provisions surrounding annexations. The establishment of a sphere of influence has many components and criteria that should be considered before forming a boundary. Each jurisdiction is different and has varying goals and abilities to serve an area. The SOI/MSR/MOA Update process serves as a good starting point to identify issues and discuss solutions. The process allows LAFCO to act as a facilitator delving into the topics and using the information to guide the sphere of influence boundary decision. At the end of the day, the purpose is to implement LAFCO’s stated legislative intent while also helping jurisdictions achieve their goals. FISCAL IMPACT: This is a discussion item to start the process of Atascadero’s SOI update and therefore does not have a fiscal impact. However, the decision to amend the SOI and MOA does have the potential to create significant fiscal impacts based on the tax exchange between the City and County, regarding projects developed inside the City or at the City’s boundary and how each jurisdiction works together to provide services and accomplish cost recovery. ATTACHMENTS: 1. Existing City/County MOA 2. LAFCO Sphere of Influence Policies 3. Potential Atascadero Study Areas Page 93 of 125 ITEM NUMBER: C-1 DATE: ATTACHMENT: 04/23/19 1 Memorandum of Agreement 1 City of Atascadero- County of San Luis Obispo MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ATASCADERO AND THE COUNTY OF SAN LUIS OBISPO REGARDING THE CITY’S SPHERE OF INFLUENCE This Agreement is entered into on this day of , 20XX, by and between the City of Atascadero (hereafter “City”) and the County San Luis Obispo County (hereafter “County”). WITNESSETH WHEREAS, the Cortese/Knox/Hertzberg Act (“the Act”) requires the Local Agency Formation Commission (LAFCO) to update the Spheres of Influence for all applicable jurisdictions in the County every five years; and WHEREAS, the City and County entered into a Memorandum of Agreement (MOA) in 2003 as part of updating the City’s Sphere of Influence (SOI) Update; and WHEREAS, the City and County have been working together to implement the existing MOA with regard to the SOI and specifically the proposed Eagle Ranch project; and WHEREAS, an updated MOA assists in clarifying the roles, responsibilities, and intentions of the jurisdictions; and WHEREAS, a Sphere of Influence is defined by Government Code 56076 as a plan for the probable physical boundaries and service area of a local agency, and pursuant to Government Code 56425 has been identified by the County of San Luis Obispo and the City of Atascadero as contained in Exhibit A; and WHEREAS, the Act further requires that a Municipal Service Review be conducted prior to or, in conjunction with, the update of a Sphere of Influence and such a Municipal Service Review has been prepared by LAFCO staff in accordance with Section 56430 of the California Government Code as a means of identifying and evaluating public services provided by the City of Atascadero and changes to the City’s Sphere of Influence; and WHEREAS, the City and County have reached agreement regarding the boundaries (Exhibit A), and the provisions that should guide development (Exhibit B) to ensure that Page 94 of 125 ITEM NUMBER: C-1 DATE: ATTACHMENT: 04/23/19 1 Memorandum of Agreement 2 City of Atascadero- County of San Luis Obispo development within the SOI occurs in an orderly and logical manner; and WHEREAS, the City’s General Plan provides a clear policy base for growth and development in the Sphere of Influence areas and defines programs that the City will implement to ensure the preservation of the agricultural land, open space and the rural character of Atascadero; and WHEREAS, the County’s General Plan goals in Framework for Planning and t he Salinas River Area Plan call for Community Separators to provide for a community’s distinctive identity and preserve the rural character of the areas between and on the fringes of communities and cities; and WHEREAS, the Eagle Ranch Area includes approximately 452 original colony lots, which have been certified as legal by the County, and the Atascadero Mutual Water Company is able to provide water service to these lots, therefore much of the Eagle Ranch Area could be developed in the County using the existing lot configuration; and WHEREAS, LAFCO is required by Government Code 56425 (b) to give “great weight” to this agreement in making its final determination regarding the City’s Sphere of Influence. NOW, THEREFORE, the parties agree as follows: 1. The Sphere of Influence boundary contained in Exhibit A provides for the orderly and logical growth for the City of Atascadero and represents an appropriate 20-year growth boundary based on existing information and current circumstances. 2. The provisions contained in Exhibit B provide guidance for completing updates to the General Plans of both the City and the County for the area within the Sphere of Influence. 3. The provisions contained in Exhibit B are intended to provide the City and the County with the basis for developing specific land use policies and standards for the areas in the City of Atascadero’s Sphere of Influence and do not supersede or limit the planning or environmental review process of either jurisdiction or bind either jurisdiction. 4. The City shall use its General Plan policies to guide the logical and orderly development of these Sphere Areas while protecting agricultural and open space lands. Page 95 of 125 ITEM NUMBER: C-1 DATE: ATTACHMENT: 04/23/19 1 Memorandum of Agreement 3 City of Atascadero- County of San Luis Obispo _____________________________ Mayor, City of Atascadero APPROVED AS TO FORM AND LEGAL EFFECT: ____________________________ City Attorney Dated:_______________________ ATTEST: ____________________________ City Clerk Dated:_______________________ Page 96 of 125 ITEM NUMBER: C-1 DATE: ATTACHMENT: 04/23/19 1 Memorandum of Agreement 4 City of Atascadero- County of San Luis Obispo ______________________________ Chair, Board of Supervisors County of San Luis Obispo ATTEST: ____________________________ County Clerk APPROVED AS TO FORM AND LEGAL EFFECT: Page 97 of 125 ITEM NUMBER: C-1 DATE: ATTACHMENT: 04/23/19 1 Memorandum of Agreement 5 City of Atascadero- County of San Luis Obispo EXHIBIT A SPHERE OF INFLUENCE BOUNDARY MAP SOI Page 98 of 125 ITEM NUMBER: C-1 DATE: ATTACHMENT: 04/23/19 1 Memorandum of Agreement 6 City of Atascadero- County of San Luis Obispo EXHIBIT B PROVISIONS The following provisions are agreed to and shall be considered by the City of Atascadero and the County when guiding development within the proposed Sphere of Influence as described in Exhibit A and updating their General Plans. Intent. It is the intent of the County and the City to work cooperatively towards the goal of developing the agreed upon Sphere of Influence (as shown in Exhibit A) in an orderly and logical manner consistent with the Cortese/Knox/Hertzberg Act, the City and County General Plans, the California Environmental Quality Act and any other applicable laws and regulations. 1. Impact Mitigation. In evaluating any proposed development, the agency considering approval (City or County) should rely solely on its own capability to provide the required services to that development. The City and the County shall not presume any services will be provided by the other agency without documenting that such services will be provided. Development/mitigation fees needed to offset the impacts from development projects approved by either jurisdiction in the Referral Area (Exhibit C) shall be collected and distributed in a fair and equitable manner pursuant to the requirements of impact fee ordinances, statues and financing plans. Payment of these fees should be made in proportion to the location and degree of project impacts; however the total fees paid shall not exceed the cost to mitigate the specific project impact. Mitigation to offset significant impacts to fire, law enforcement, emergency medical services, water and wastewater treatment services, roads and streets, other public services, and housing, should be incorporated into the conditions of approval for projects. Documentation should be provided that identifies the project’s impacts to both the City and the County and shall be considered as part of the development review process. The documentation may be used to prepare conditions of approval and to allocate impact fees where allowable and as appropriate. 2. Mutual Agreements. The County shall limit the development in the Sphere of Influence area to that which is allowed by the current land use designations unless General Plan and land use ordinance amendments are approved. The County and City acknowledge that the proposed SOI area includes several hundred parcels not under Page 99 of 125 ITEM NUMBER: C-1 DATE: ATTACHMENT: 04/23/19 1 Memorandum of Agreement 7 City of Atascadero- County of San Luis Obispo Williamson Act Contracts that could be developed with single-family homes. Residences and other currently allowable uses may be permitted pursuant to the land- use policies, standards and ordinances of the County. Recognizing that the existing Colony lots have entitlements to water supply from Atascadero Mutual Water Company, it is the intent of the City to provide other services to these areas when they are eventually annexed to the City. The County shall consider this when reviewing projects in this SOI area. Any project proposed in the County and within the proposed SOI area that is subject to an Initial Study under CEQA, for a City-County staff conference to discuss a proposed project early in the approval process prior to completion of the Initial Study. The purpose of the conference would be to discuss the City’s and County’s General Plan policies with regard to the project and to identify any key issues that may need special attention. 3. City/County Cooperation. For a County project proposed prior to annexation, the County and City will cooperate to evaluate the creation and implementation of various assessment and financing mechanisms for the construction and maintenance of public improvements, such as roads, utilities, recreation and trail improvements, parks and open space, and similar improvements that could serve visitors and residents of the City and the County. 4. Agriculture and Open Space. The City will work to permanently preserve agricultural and open space resources within the SOI area using conservation easements and/or other preservation methods or tools. The open space and agriculture areas shall be identified in the Specific Plan and EIR. 5. Land Uses. The areas included in the SOI as described in Exhibit A may include residential, mixed-use, public facilities, visitor-serving, agriculture uses, open space, and/or recreational uses in a manner integrated into the city’s plans for annexation and development for this area. The Smart Growth Principles adopted in the City’s General Plan will be used as a basis of preparing plans for the area. The County’s Strategic Growth Principles will be considered by the City with the purpose of supporting and complementing the City’s vision for the area. Once annexed, the City’s General Plan and/or Specific Plan will be implemented for the Sphere of Influence area. The following goals should be considered in developing the specific plan: Page 100 of 125 ITEM NUMBER: C-1 DATE: ATTACHMENT: 04/23/19 1 Memorandum of Agreement 8 City of Atascadero- County of San Luis Obispo a. Creation of walkable and bicycle friendly neighborhoods with logical connections and future transit opportunities if feasible. b. Planning for a trail system to accommodate pedestrians, bicyclists and equestrians which connects to the existing community. c. Development of a range of housing opportunities and choices. d. A land use pattern that clusters development in a manner that reduces environmental impacts. 6. General Plan Amendment. The City intends to complete pre-zoning, pre-annexation, and any necessary pre-general plan amendment activities prior to or concurrent with an annexation proposal being processed by LAFCO. The County Staff intends to propose any necessary amendments to its General Plan in the Salinas River Area Plan to reflect the annexation of territory to the City of Atascadero. 7. Zoning Requirements/Specific Plan. A Specific Plan, which identifies land uses within the Sphere of Influence areas, shall be prepared and adopted by the City prior to the annexation of the property into the City. In accordance with it’s General Plan, CEQA review of the Specific Plan shall include analysis of issues related to completing the annexation, such as a reliable and adequate water supply, sewer capacity, and other services for the proposed project. The Specific Plan for the Sphere of Influence area shall be prepared consistent with Policy 1.2 of the City’s General Plan. Programs related to the Sphere of Influence area in the City’s General Plan that shall be implemented under policy 1.2 include eight, nine, ten, and eleven. Page 101 of 125 ITEM NUMBER: C-1 DATE: ATTACHMENT: 04/23/19 1 Memorandum of Agreement 9 City of Atascadero- County of San Luis Obispo EXHIBIT C PROJECT REFERRAL MAP Page 102 of 125 ITEM NUMBER: C-1 DATE: ATTACHMENT: 04/23/19 2 LAFCO Sphere of Influence Review Policies The CKH Act provides the legislative authority and intent for establishing a Sphere of Influence and is included by reference in these policies. A Sphere of Influence is the probable 20 -year growth boundary for a jurisdiction’s physical development. These policies are intended to be consistent with the CKH Act and take into consideration local conditions and circumstances. All procedures and definitions in the CKH Act are incorporated into these policies by reference. 1. LAFCO intends that its Sphere of Influence determination will serve as a master plan for the future organization of local government within the County. The spheres shall be used to discourage urban sprawl and the proliferation of local governmental agencies and to encourage efficiency, economy, and orderly changes in local government. 2. The Sphere of Influence lines shall be a declaration of policy which shall be a primary guide to LAFCO in the decision on any proposal under its jurisdiction. Every determination made by the Commission shall be consistent with the spheres of influence of the agencies affected by those determinations. 3. No proposal which is inconsistent with an agency’s adopted Sphere of Influence shall be approved until the Commission, at a noticed public hearing, has considered an amendment or revision to that agency’s Sphere of Influence. 4. The adopted Sphere of Influence shall reflect city and county general plans, growth management policies, annexation policies, resource management policies, and any o ther policies related to ultimate boundary area of an affected agency unless those plan or policies conflict with the legislative intent of the CKH Act (Government Code Section 56000 et seq.) Where inconsistencies between plans exist, LAFCO shall rely upon that plan which most closely follows the legislature’s directive to discourage urban sprawl, direct development away from prime agricultural land and open space lands, and encourage the orderly formation and development of local governmental agencies based upon local conditions and circumstances. Page 103 of 125 ITEM NUMBER: C-1 DATE: ATTACHMENT: 04/23/19 2 In accordance with the CKH Act a municipal service review shall be conducted prior to the update of a jurisdiction’s Sphere of Influence. The service review is intended to be a basis for updating a jurisdiction’s Sphere of Influence. 5. LAFCO will designate a Sphere of Influence line for each local agency that represents the agency’s probable physical boundary and includes territory eligible for annexation and the extension of that agency’s services within a zero to twenty-year period. 6. LAFCO shall consider the following factors in determining an agency’s Sphere of Influence: a. Present and future need for agency services and the service levels specified for the subject area in applicable general plans, growth management plans, annexation policies, resource management plans, and any other plans or policies related to an agency’s ultimate boundary and service area (CKH 56425 (e)(1)). b. Capability of the local agency to provide needed services, taking into account evidence of resource capacity sufficient to provide for internal needs and urban expansion (CKH 56425 (e)(2)). c. The existence of agricultural preserves, agricultural land and open space lands in the area and the effect that inclusion within a Sphere of Influence shall have on the physical and economic integrity of maintaining the land in non-urban use (CKH 56426.5 (a)). d. Present and future cost and adequacy of services anticipated to be extended within the Sphere of Influence. e. Present and projected population growth, population densities, land uses, and area, ownership patterns, assessed valuations, and proximity to other populated areas. f. The agency’s capital improvement or other plans that delineate planned facility expansion and the timing of that expansion. g. Social or economic communities of interest in the area (CKH 56425 (e)(4)). Page 104 of 125 ITEM NUMBER: C-1 DATE: ATTACHMENT: 04/23/19 2 h. For an update of a Sphere of Influence of a city or special district that provides public facilities or services related to sewers, municipal and industrial water, or structural fire protection, a written determination regarding the present and probable need for those public facilities and services of any disadvantaged unincorporated communities within the existing Sphere of Influence shall be prepared. 7. LAFCO may adopt a zero Sphere of Influence encompassing no territory for an agency. This occurs if LAFCO determines that the public service functions of the agency are either nonexistent, no longer needed, or should be reallocated to some other agency of government. The local agency which has been assigned a zero Sphere of Influence should u ltimately be dissolved. 8. Territory not in need of urban services, including open space, agriculture, recreational, rural lands, or residential rural areas shall not be assigned to an agency’s Sphere of Influence unless the area’s exclusion would impede the planned, orderly and efficient development of the area. 9. LAFCO may adopt a Sphere of Influence that excludes territory currently within that agency’s boundaries. This occurs where LAFCO determines that the territory consists of agricultural lands, open space lands, or agricultural preserves whose preservation would be jeopardized by inclusion within an agency’s Sphere of Influence. Exclusion of these areas from an agency’s Sphere of Influence indicates that detachment is appropriate. 10. Where an area could be assigned to the Sphere of Influence of more than one agency providing needed service, the following hierarchy shall apply dependent upon ability to serve: a. Inclusion within a municipality Sphere of Influence. b. Inclusion within a multipurpose district Sphere of Influence. c. Inclusion within a single-purpose district Sphere of Influence. Page 105 of 125 ITEM NUMBER: C-1 DATE: ATTACHMENT: 04/23/19 2 In deciding which of two or more equally capable agencies shall include an area within its Sphere of Influence, LAFCO shall consider the agencies’ service and financial capabilities, social and economic interdependencies, topographic factors, and the effect that eventual service extension will have on adjacent agencies. 11. Sphere of Influence boundaries shall not create islands or corridors unless it can be demonstrated that the irregular boundaries represent the most logical and orderly service area of an agency. 12. Nonadjacent publicly owned properties and facilities used for urban purposes may be included within that public agency’s Sphere of Influence if eventual annexation would provide an overall benefit to agency residents. 13. At the time of adoption of a city Sphere of Influence LAFCO may develop and adopt in cooperation with the municipality, an urban area boundary pursuant to policies adopted by the Commission in accordance with Government Code Section 56080. LAFCO shall not consider any area for inclusion within an urban service area boundary that is not addressed in the general plan of the affected municipality or is not proposed to be served by urban facilities, utilities, and services within the first five years of the affected city’s capital improvement program. 14. LAFCO shall review Sphere of Influence determinations every five years or when d eemed necessary by the Commission consistent with an adopted work plan. If a local agency or the County desires amendment or revision of an adopted Sphere of Influence, the local agency, by resolution, may file such a request with the LAFCO Executive Officer. Any local agency or county making such a request shall reimburse the Commission for the actual and direct costs incurred by the Commission. The Commission may waive such reimbursement if it finds that the request may be considered as part of its pe riodic review of spheres of influence. 15. LAFCO shall adopt, amend, or revise Sphere of Influence determinations following the procedural steps set forth in CKH Act 56000 et seq. Page 106 of 125 ITEM NUMBER: C-1 DATE: ATTACHMENT: 04/23/19 3 Potential Atascadero Study Areas Page 107 of 125 ITEM NUMBER: C-2 DATE: 04/23/19 Atascadero City Council Staff Report – City Manager’s Office Amendment to the Contract Between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System (CalPERS) RECOMMENDATIONS: Council: 1. Adopt Draft Resolution of Intention to approve an amendment to the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System; and 2. Introduce for first reading by title only, the Draft Ordinance authorizing the Mayor to execute an amendment to the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees’ Retirement System. DISCUSSION: The City Council adopted a Memorandum of Understanding (MOU) with the Atascadero Professional Firefighters Local 3600 (AFFA) labor group. The MOU provides that effective June 22, 2019, all covered employees will receive a 4.05% salary increase and will begin paying an additional 3% towards retirement costs (Tier 1 and Tier 2 employees only). In order to allow this change to occur, the City must modify its contract with the California Public Employees’ Retirement System (CalPERS). The change to the amendment would require the CalPERS classic local fire members in the AFFA to pay 3% employee cost sharing toward the City’s CalPERS retirement rate, pursuant to Government Code Section 20516. Amending the contract with CalPERS is a multi-step process. The first step is to adopt a Resolution of Intention to amend the contract. The second step is to introduce for first reading the related Draft Ordinance. If the Resolution of Intention is adopted and the Ordinance is introduced tonight, a secret ballot election will be held for all affected members covered by the AFFA MOU. Page 108 of 125 ITEM NUMBER: C-2 DATE: 04/23/19 Following the secret ballot election, the results will be tallied and if there is no protest vote, the final reading of the Draft Ordinance will be brought before Council on May 14, 2019. If adopted at that time, staff will certify the Ordinance and complete the amendment process with CalPERS. FISCAL IMPACT: There is no change to the current or future fiscal impact to the City with the adoption of the Contract Amendment with CalPERS. This amendment allows the employees to pay a larger share of the pension costs. ATTACHMENTS: 1. Draft Resolution of Intention 2. Draft Ordinance Page 109 of 125 ITEM NUMBER: C-2 DATE: ATTACHMENT: 04/23/19 1 DRAFT RESOLUTION RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ATASCADERO WHEREAS, the Public Employees’ Retirement Law permits the participation of public agencies and their employees in the Public Employees’ Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20516 (Employees Sharing Additional Cost) of 3% for classic fire members in the Atascadero Professional Firefighters Local 3600. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The City Council of the City of Atascadero does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees’ Retirement System, a copy of said amendment being attached hereto, as “Exhibit” and by this reference made a part hereof. PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day of _____, 2019. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO ________________________________ Heather Moreno, Mayor Page 110 of 125 ITEM NUMBER: C-2 DATE: ATTACHMENT: 04/23/19 1 ATTEST: Lara K. Christensen, City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney Page 111 of 125 ITEM NUMBER: C-2DATE: 04/23/19ATTACHMENT: 1APage 112 of 125 ITEM NUMBER: C-2DATE: 04/23/19ATTACHMENT: 1APage 113 of 125 ITEM NUMBER: C-2DATE: 04/23/19ATTACHMENT: 1APage 114 of 125 ITEM NUMBER: C-2DATE: 04/23/19ATTACHMENT: 1APage 115 of 125 ITEM NUMBER: C-2DATE: 04/23/19ATTACHMENT: 1APage 116 of 125 ITEM NUMBER: C-2DATE: 04/23/19ATTACHMENT: 1APage 117 of 125 ITEM NUMBER: C-2 DATE: ATTACHMENT: 04/23/19 2 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ATASCADERO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. That That an amendment to the contract between the City Council of the City of Atascadero and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City of Atascadero is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances, make a note of the passage and adoption in the records of this meeting and within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 4. This Ordinance will take effect 30 days after the date of its final passage and adoption and thenceforth and thereafter the same shall be in full force and effect. INTRODUCED at a regular meeting of the City Council held on ___________, 2019 and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on ___________________, 2019. CITY OF ATASCADERO _____________________________________ Heather Moreno, Mayor ATTEST: ______________________________________ Lara K. Christensen, City Clerk Page 118 of 125 City of Atascadero Ordinance No. Page 2 of 2 APPROVED AS TO FORM: ______________________________________ Brian A. Pierik, City Attorney Page 119 of 125 ITEM NUMBER: C-3 DATE: 4/23/19 Atascadero City Council Staff Report – Public Works Department Santa Lucia Road Pavement Rehabilitation Construction Award RECOMMENDATIONS: Council: 1. Award a construction contract for $720,527 to Souza Engineering Contracting, Inc. for the Santa Lucia Road Pavement Rehabilitation Project (Project No. C2017R03). 2. Authorize the City Manager to execute a contract with Souza Engineering Contracting, Inc. in the amount of $720,527 for the construction of the Santa Lucia Road Pavement Rehabilitation Project. 3. Authorize the Director of Administrative Services to appropriate an additional $425,000 in Local Transportation Fund (LTF) balance toward the Santa Lucia Road Pavement Rehabilitation Project. 4. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. DISCUSSION: Background: Santa Lucia Road is one of the primary connecting roadways within Atascadero, running east to west from the Downtown core to the western City limits. Santa Lucia Road varies from a minor arterial to collector functional classification based upon distance from the Downtown area. This project will reconstruct the most heavily traveled segment of Santa Lucia Road, between Ardilla Road and Portola Ro ad, which is also the portion of the road classified as a minor arterial. This segment of Santa Lucia Road is approximately 4,500’ in length, with a typical width of 26’. Average daily traffic volumes (as measured by 2014 SLO County counts), vary from approximately 3,750 near Ardilla Road to approximately 2,400 near Portola Road. A map showing the project limits is shown on the following page. Page 120 of 125 ITEM NUMBER: C-3 DATE: 4/23/19 The last work done on this segment was a cape seal surface treatment completed as a part of the 2002-2003 Annual Overlay Program. Cape seals are typically considered to extend pavement life for 6-8 years, and up to 10 years in ideal situations. Given that it has now been over 16 years since this work was completed, the cape seal has exceeded its expected lifespan and is in need of heavier reconstructive efforts as a result of sustained traffic loading. Fortunately, the entirety of Santa Lucia Road does not need to be reconstructed due to its thick existing pavement section and relatively stable subgrade soils. Rick Engineering was hired by the City to perform engineering design and prepare construction plans and specifications for the project. Topographic surveying and survey monumentation was performed by JoAnn Head Surveying and used for engineering design work. Rick Engineering and its subconsultant, Pavement Engineering, Inc. (PEI), completed contract work and the project was publicly bid in March 2019. Design Analysis: During the design phase, it became evident that large portions of the roadway were structurally sufficient and could be rehabilitated with a lower cost asphalt mill and overlay. For portions of the roadway that showed significant subgrade failure, it was determined that full-depth removal (“digouts”) and replacement (“pave-back”) with six inches of asphalt concrete should be completed prior to the final overlay. In general, the section of Santa Lucia Road between Ardilla Avenue to San Andres Avenue has significant subgrade failure and will require more full-depth digouts and pavebacks than the section between San Andres Avenue and Portola Road. Prior to full -depth digouts and pave-backs, the entire pavement will be milled to a depth of 2.75 inches and overlaid with the same after full-depth and paveback work is completed. In addition to designing an appropriate pavement section, the long-term success of roadway pavement performance also relies on providing proper drainage. Additional asphalt berms will be constructed in various locations to deter roadway edge erosion, and re-establishing cross-slope grades and re-profiling longitudinal grades on the new Page 121 of 125 ITEM NUMBER: C-3 DATE: 4/23/19 pavement will improve positive drainage and eliminate water ponding. Several dilapidated and aging corrugated metal pipes crossing Santa Lucia Road will be replaced with “smooth-walled” corrugated polyethylene pipes to optimize construction efficiency and avoid future sinkholes in the pavement from failed pipes. Bid Analysis: The project was publicly bid starting March 8, 2019 for a minimum of 30 days in accordance with State Contracting Laws and Atascadero Purchasing Policy. A public bid opening occurred on April 10, 2019 and six bids were received ranging from $720,527 to $963,486. The bids were reviewed for accuracy and compliance with project bidding requirements, and the City Engineer has determined that Souza Engineering Contracting, Inc. of San Luis Obispo is the lowest responsive bidder at $720,527. The current budget includes $578,800 in LTF monies for project funding – much less than what is needed to complete the project. At the time of budget preparation, project costs for Santa Lucia Road were calculated based upon its 2014 Pavement Condition Index (PCI) of 43 - which indicated a light rehabilitation treatment. Since the last PCI rating, the pavement condition has deteriorated rapidly due to the overextended life of the cape seal and above normal rainfall during recent winter months, whereby requiring a medium to heavy rehabilitation treatment. Budgetary amounts do not reflect actual in-field soils and pavement testing, which can also change the type of pavement treatment needed. A medium rehabilitation project unit cost of $62.40 per square yard for this project (114,125 sq. yds.) equates to $791,500, while a heavy rehabilitation project unit cost of $85.15 per square yard equates to $1,079,500. Staff reviewed itemized unit prices on the bid proposals and found them to be reasonable. Fiscal Analysis: There has been approximately $80,000 in engineering and surveying consultant fees and staff time to design and bid the project. Given staff constraints with other projects and department commitments, staff solicited informal proposals from qualified firms to perform materials testing and assist with part-time inspection, project administration, and quality assurance. Three proposals were received and reviewed, and Cannon (with Earth Systems Pacific as a geotechnical subconsultant) was selected as the best value. Based upon an average of four hours per working day, Cannon’s estimated fee totals $71,493. In addition, state law mandates survey monument preservation that is estimated to cost $6,000 to re-establish the disturbed monuments after construction is complete. Adding staff time, total non -construction estimated costs during construction is $95,000 or about 13% of construction costs. This amount will decrease if staff constraints and commitments are lessened. A standard contingency of 20% is customarily used for capital projects as a safeguard for quantity over-runs and if unknown conditions are discovered that require a change in plans. The risk for unknowns drops significantly on roadway projects if excavation is not a part of construction. Although there is excavation work as part of the Santa Lucia Road project, it is not for the entire roadway area but instead, in failed areas where Page 122 of 125 ITEM NUMBER: C-3 DATE: 4/23/19 digouts and pavebacks will be performed. The construction contingency will be 15% of the construction contract, or $109,47 0. Staff will be required to obtain City Council approval if construction contingencies will exceed this amount. Tallying the above costs, the total project cost is estimated to be $1,005,000, or $425,000 over the $580,000 budgeted. Staff is recommending that LTF Reserves be reallocated for the budget shortfall. These reserves are currently planned for future projects in the 5-Year Capital Improvement Program (CIP), which staff is currently updating as part of the 2-year budget cycle. Future project cost estimates are being updated as part of this process, as well as fund revenue , expenditures, and reserve projections. To accommodate the funding shortfall for the Santa Lucia Road project, the San Gabriel Road Rehabilitation Project and/or the San Marcos Road Rehabilitation Project will have to either be delayed or other funding sources will need to be identifie d. These projects are currently slated to be constructed in fiscal year 2021 -2022. If delayed, they could be constructed in fiscal year 2022 -2023. It is anticipated that due to road conditions, delaying these roads sections should not change the scope of work planned. Conclusion: Staff recommends that the City Council award the construction contract Santa Lucia Road Rehabilitation Project to Souza Engineering Contracting, Inc. for $720,527. Given the heavy volume of traffic on Santa Lucia Road and the significant effort required for City maintenance staff to upkeep the road at a safe and passable condition, completion of this project is considered a high priority by staff. Records indicate that this roadway section is near the top of number of complaints received for roadway conditions, with many inquiries of when the City will fix it. These improvements are highly anticipated by the traveling public who use Santa Lucia Road on a regular basis. Although the budgeted project funds are well below those needed for construction, the bid prices are reasonable and considered favorable. Delaying the project will result in higher construction costs, increased maintenance and repair costs, and more inconvenience to the traveling public. If approved by Coun cil, Staff will adjust the 5-Year CIP to accommodate the use of LTF Reserves by either delaying the identified project and/or finding alternative funding. If approved, construction will begin once schools let out for the summer. City staff has coordinated closely with AUSD staff to minimize impacts to school. Most importantly, the project specifications define a work window of between June 7 and August 14, with a tight working days schedule. The Contractor will be responsible to prepare and provide traffic control, and some inconvenience is expected to vehicular traffic along Santa Lucia Road. City staff and the consultant will work with the Contractor to minimize travel delays. Property owners in the project vicinity will be notified of the construction schedule prior to work beginning and as needed during construction. Environmental Review: The proposed project is Categorically Exempt (Class 1) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000 , et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ Page 123 of 125 ITEM NUMBER: C-3 DATE: 4/23/19 15000, et seq.) pursuant to CEQA Guidelines Section 15301, because it is limited to repair and maintenance of existing facilities. A finding of exemption is on file in the project records. FISCAL IMPACT: Staff is recommending using LTF reserve balance to cover the estimated $425,000 project shortfall. The following tables summarize the proposed expenditures and funding for the project. PROPOSED FUNDING USES Design and Bid Phase 80,000 Construction Contract 720,527 Construction Inspection/Testing/Management (13%) 95,000 Construction Contingency (15%) 109,473 Total Funding Uses: $1,005,000 PROPOSED FUNDING SOURCES Local Transportation Funds (LTF) 580,000 Proposed LTF Reserves 425,000 Total Funding Sources $1,005,000 ALTERNATIVES: There are a number of other alternatives that the City Council may wish to consider, including the following:  Consider another source of funding for project funding shortfall;  Direct staff to redesign the project with a light rehabilitation pavement treatment technique, knowing that this treatment will not be as cost effective or long -lasting as that currently designed; and/or  Cancel the project. Staff does not recommend any of the above alternatives. ATTACHMENT: Bid Summary Page 124 of 125 ITEM NUMBER: C-3 DATE: 4/23/19 ATTACHMENT: 1 Page 125 of 125