HomeMy WebLinkAboutCC_2020_07_14_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA
* COVID-19 NOTICE * Consistent with Executive Orders N-25-20 and No. N-29-20 from the
Executive Department of the State of California and the San Luis Obispo County Health
Official’s March 18, 2020 Shelter at Home Order, City Council meetings were not able to be
physically open to the public. However, on May 20, 2020 the California Department of Public
Health approved SLO County's attestation moving the County into Stage 2 of the reopening
process. In order to minimize public gatherings and maximize public safety, the City will
continue to hold the meetings virtually, however the public will have limited physical access
to participate in the virtual meeting at City Hall, provided protective measures are in place
which include maintaining proper social distancing and wearing of face masks. Virtual and
phone participation is encouraged.
HOW TO OBSERVE THE MEETING:
• Virtually: To maximize public safety while still maintaining transparency and public
access, the meeting will be live-streamed on SLO-SPAN.org, on Spectrum cable
Channel 20 in Atascadero, and on KPRL Radio 1230AM. The video recording of
the meeting will be available through the City’s website or by visiting
https://attendee.gotowebinar.com/rt/556252136707240464 and will repeat daily on
Channel 20 at 1:00 am, 9:00 am, and 6:00 pm.
• In Person: In compliance with COVID-19 orders the City can again offer physical
attendance in a limited capacity. Limited seating will be available for individuals who wish
to physically attend the City Council meeting (Masks will be required).
HOW TO SUBMIT PUBLIC COMMENT:
1. By Phone or Webinar. Interested individuals who wish to practice social distancing
and not attend the meeting in person are highly encouraged to call 805-538-2888 to
listen and provide public comment via phone. Public comment may also be provided
by webinar but by phone is preferable, if possible.
2. In Person. (Please be advised, in compliance with Phase 2 reopening guidelines,
social distancing will be observed and only very limited seating will be available.)
3. By Email. Public comments may also be submitted in writing to
cityclerk@atascadero.org by 5:00 pm on the day of the meeting. Such email
comments must identify the Agenda Item Number in the subject line of the
email. The comments will be read into the record, with a maximum allowance of 3
minutes per individual comment, subject to the Mayor’s discretion. All comments
should be a maximum of 500 words, which corresponds to approximately 3 minutes
of speaking time. If a comment is received after the agenda item is heard but before
the close of the meeting, the comment will still be included as a part of the record of
the meeting but will not be read into the record.
AMERICAN DISABILITY ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City Clerk’s Office at
cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or
time when services are needed. The City will use their best efforts to provide reasonable
accommodations to afford as much accessibility as possible while also maintaining public safety
in accordance with the City procedure for resolving reasonable accommodation requests.
City Council agendas and minutes may be viewed on the City's website: www.atascadero.org.
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 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 by contacting the City Clerk's office. All documents will be available for public inspection during City Hall
business hours once City Hall is open to the public following the termination of the Shelter at Home Order.
Page 1 of 70
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, July 14, 2020
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Public Employee Performance Evaluation (Govt. Code 54957)
Title: City Manager
4. CLOSED SESSION – ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Funk
ROLL CALL: Mayor Moreno
Mayor Pro Tem Bourbeau
Council Member Fonzi
Council Member Funk
Council Member Newsom
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Page 2 of 70
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this agenda, and the titles
of the ordinances will be read aloud by the City Clerk at the first reading, after the
motion and before the City Council votes.
PRESENTATIONS: None.
A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine
and non-controversial by City staff and will be approved by one motion if no member of
the Council or public wishes to comment or ask questions. If comment or discussion is
desired by anyone, the item will be removed from the Consent Calendar and will be
considered in the listed sequence with an opportunity for any member of the public to
address the Council concerning the item before action is taken.)
1. City Council Draft Action Minutes – June 18, 2020 & June 23, 2020
Recommendation: Council approve the June 18, 2020 Draft City Council
Special Meeting Minutes and the June 23, 2020 Draft City Council Regular
Meeting Minutes. [City Clerk]
2. June 2020 Accounts Payable and Payroll
Fiscal Impact: $2,372,601.80
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for June 2020. [Administrative Services]
3. Temporary Fee Reduction for the Review of Outdoor Food and Beverage
Installations
Fiscal Impact: The adoption of this temporary fee relief program would result
in minor fiscal impacts to the City.
Recommendation: Council adopt Draft Resolution ratifying the City Manager’s
temporary reduction (one year) of application and review fees for the City
review of a permit to allow for outdoor food and beverage service on public or
private property associated with bars and restaurants. [City Manager]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation. Comments made during Community Forum will not be a
subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Any members of the public who have questions or need
information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00
p.m. at (805) 470-3400, or cityclerk@atascadero.org.)
B. PUBLIC HEARINGS: None.
Page 3 of 70
C. MANAGEMENT REPORTS:
1. Sales Tax Ballot Measure
Fiscal Impact: The City Clerk’s estimate for the addition of the ballot measure
is approximately $12,000. The total estimate for the 2020 election, including
the ballot measure, is $52,700 in General Funds.
Recommendations: Council:
1. Introduce, on first reading by title only, Draft Ordinance amending Title 3 of
the Atascadero Municipal Code to add a Chapter 18 “Essential Services
Transactions and Use Tax” to be administered by the California Department
of Tax and Administration, subject to adoption by the electorate.
2. Adopt the following Resolutions to submit to the voters a question relating
to increased sales tax:
A. Draft Resolution A, approving ballot measure text relating to increased
sales tax to be submitted to the qualified electors
of the City at the General Municipal Election to be held on November 3,
2020, as called by Resolution No. 2020-051.
B. Draft Resolution B, setting priorities for filing written arguments
regarding the City measure and directing the City Attorney to prepare
an impartial analysis.
C. Draft Resolution C, providing for the filing of rebuttal arguments for City
measures submitted at Municipal Elections.
3. Authorize the Director of Administrative Services to appropriate $12,200 of
General Fund Reserve monies to the City Clerk budget. [City Manager]
2. Consideration of Oversight Options for the Proposed 2020 Essential
Services Transactions and Use Tax Measure
Fiscal Impact: None.
Recommendation: Council provide staff direction on how public engagement and
accountability should be implemented for the proposed Essential Services Sales
Tax Measure Ordinance, should it be passed by Atascadero voters in the General
Election in November 2020. [Administrative Services]
3. Downtown Street Tree Renewal Program
Fiscal Impact: A preliminary cost estimate to implement Phase 1 of the
Downtown Street Tree Renewal Program is in the range of $60,000 to
$75,000.
Recommendations: Council:
1. Direct staff to initiate Phase 1 of the Downtown Street Tree Renewal
Program.
2. Authorize the Director of Administrative Services to appropriate $75,000 in
General Fund Reserves to implement Phase 1 of the Downtown Street
Tree Renewal Program. [Public Works & Community Development]
D. DISCUSSION ITEM: Discussion of COVID 19 issues including oral updates by Mayor
Moreno and City Manager Rickard, questions by City Council, public comment and
comments by City Council.
1. Coronavirus (COVID-19) update – Mayor Moreno
2. Coronavirus (COVID-19) update – City Manager Rickard
Page 4 of 70
E. 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
F. 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
G. 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 70
ITEM NUMBER: A-1
DATE: 07/14/20
Atascadero City Council Special Meeting
June 18, 2020
Page 1 of 2
SPECIAL MEETING
ATASCADERO CITY COUNCIL
Thursday, June 18, 2020
At 10:00 a.m.
City of Atascadero City Hall
6500 Palma Ave., Council Chambers
Atascadero, California
San Luis Obispo County
Tourism Marketing District (TMD) Board
INTERVIEWS AND APPOINTMENT
DRAFT MINUTES
SPECIAL MEETING – CALL TO ORDER: 10:00 A.M.
Mayor Pro Tem Bourebeau called the meeting to order at 10:01 a.m.
ROLL CALL:
Present: By Teleconference - Council Members Fonzi, Funk, Newsom, and
Mayor Pro Tem Bourbeau
Absent: Mayor Moreno
Others Present: None
Staff Present: By Teleconference – Deputy City Clerk Amanda Muther and Deputy
City Manager Terrie Banish
Mayor Pro Tem Bourebeau reviewed how the interview process would proceed.
PUBLIC COMMENT:
The following citizens spoke on this item: None.
Mayor Pro Tem Bourbeau closed the Public Comment period.
Page 6 of 70
ITEM NUMBER: A-1
DATE: 07/14/20
Atascadero City Council Special Meeting
June 18, 2020
Page 2 of 2
INTERVIEWS AND APPOINTMENTS:
1. San Luis Obispo County Tourism Marketing District (TMD) Board Appointment
City Clerk recommendation: Council interview the candidates and select by ballot,
one candidate to serve on the San Luis Obispo County Tourism Marketing District
(TMD) Board.
The City Council interviewed three candidates: Scott Loy, Trevor Orrik and Amar Sohi.
Mayor Pro Tem Bourbeau lost his webinar connection at 10:33 a.m. and Council Member
Fonzi led the meeting in his absence.
Mayor Pro Tem Bourbeau reconnected to the webinar at 10:40 a.m. and resumed running
the meeting.
PUBLIC COMMENT:
The following citizens spoke on this item: Deana Alexander
Mayor Pro Tem Bourbeau closed the Public Comment period.
The City Council selected, by virtual ballot, Amar Sohi to serve on the San Luis Obispo
County Tourism Marketing District (TMD) Board.
ADJOURN
Mayor Pro Tem Bourbeau adjourned the meeting at 11:07 a.m. to the next Regular Session
scheduled for Tuesday, June 23, 2020.
MINUTES PREPARED BY:
______________________________________
Amanda Muther, Deputy City Clerk
APPROVED:
Page 7 of 70
ITEM NUMBER: A-1
DATE: 07/14/20
Atascadero City Council
June 23, 2020
Page 1 of 7
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, June 23, 2020
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
Mayor Moreno announced at 5:00 p.m. that the Council was going into Closed Session.
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Public Employee Performance Evaluation (Govt. Code 54957)
Title: City Manager
b. Public Employee Performance Evaluation (Govt. Code 54957)
Title: City Attorney
4. CLOSED SESSION – ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
Mayor Moreno reported that there was no reportable action in Closed Session.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:03 p.m. and Council Member Newsom led
the Pledge of Allegiance.
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Page 8 of 70
ITEM NUMBER: A-1
DATE: 07/14/20
Atascadero City Council
June 23, 2020
Page 2 of 7
ROLL CALL:
Present: Council Members Fonzi, Funk, Mayor Pro Tem Bourbeau, and Mayor
Moreno
By Teleconference - Council Member Newsom
Absent: None
Others Present: None
Staff Present: City Manager Rachelle Rickard and Police Chief Jerel Haley
By Teleconference – Fire Chief Casey Bryson, Administrative
Services Director Jeri Rangel, Public Works Director Nick DeBar,
Community Development Director Phil Dunsmore and City Attorney
Brian Pierik
APPROVAL OF AGENDA:
MOTION: By Council Member Fonzi and seconded by Council Member Funk to:
1. Approve this agenda; and,
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS: None.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – June 1, 2020 & June 9, 2020
Recommendation: Council approve the June 1, 2020 Draft City Council
Special Meeting Minutes and the June 9, 2020 Draft City Council Regular
Meeting Minutes. [City Clerk]
2. May 2020 Accounts Payable and Payroll
Fiscal Impact: $2,487,028.33
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for May 2020. [Administrative Services]
3. Alcoholic Beverage Control (ABC) License for a Beer Garden and Bottle
Shop at 6090 El Camino Real - Type 40 License (USE 20-0049)
Fiscal Impact: A slight positive fiscal impact is 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 40 ABC,
On-Sale Beer for Public Premises License for Ancient Owl, a beer garden and
bottle shop located in a new development at 6090 El Camino Real.
[Community Development]
Page 9 of 70
ITEM NUMBER: A-1
DATE: 07/14/20
Atascadero City Council
June 23, 2020
Page 3 of 7
4. Release Affordable Housing Deed Restriction
Fiscal Impact: If the Council directs staff to release the deed restriction from
the property, Community Facilities District Special Taxes in the amount of just
under $800 will be collected from the current homeowner.
Recommendation: Council direct staff to record a Release Agreement
removing the Agreement to Provide Housing Units for Persons and Families
of Moderate Income applicable to Lot 1 of Tract 2498, commonly known as
655 North Ferrocarril. [Community Development]
5. Annexation of the Principal Mixed-Use Subdivision into Community
Facilities District 2005-1, Annexation No. 20 (9105 Principal Ave: Tract 3070)
Fiscal Impact: Assessments for this annexation are estimated to be between
$36,000 - $39,000 annually beginning in fiscal year 2021 -2022, and adjusted
each year for inflation.
Recommendation: Council adopt Draft Resolution, declaring its intention to
annex territory, into Community Facilities District 2005-1 (Public Services) and to
authorize the levy of special taxes therein – City of Atascadero Community
Facilities District 2005-1 Annexation No. 20 (9105 Principal Ave.: Tract 3070).
[Community Development]
6. General Municipal Election - November 3, 2020
Fiscal Impact: The County’s estimate for the 2020 election of officials in
Atascadero is $40,700.
Recommendations: Council adopt the following Resolutions for the purpose of
electing a Mayor and two members to the City Council:
1. Draft Resolution A, calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday, November 3, 2020 for the election
of a Mayor and two Council Members.
2. Draft Resolution B, requesting the Board of Supervisors of the County of San
Luis Obispo to consolidate a General Municipal Election to be held on
November 3, 2020. [City Clerk]
MOTION: By Council Member Funk and seconded by Mayor Pro Tem Bourbeau
to approve the Consent Calendar. (#A-3: Resolution No. 2020-049)
(#A-4: Contract No. 2020-007)(#A-5: Resolution No. 2020-050)(#A-6:
Resolution Nos. 2020-051 and 2020-052)
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, Tori Keen (by phone),
and Ryan Gelsen (by phone)
Page 10 of 70
ITEM NUMBER: A-1
DATE: 07/14/20
Atascadero City Council
June 23, 2020
Page 4 of 7
Emails from the following citizens were read into the record by Deputy City Clerk Muther:
Leila Daniel, Sophie Stebbins, Karina Smyth, Aline and Joseph DeLuca, Georgia Crowley,
Thomas Arndt, Raleigh Delk, Karen Kubarek, Nate Page and Michaels Ens
Mayor Moreno closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS:
1. Atascadero Tourism Business Improvement District Confirmation of Annual
Assessment (Fiscal Year 2020-2021)
Ex-Parte Communications:
Fiscal Impact: Annual assessments for 2020-2021 are expected to be
approximately $232,000 and will be assessed as 2% of the rent charged on
the occupied rooms and spaces for transient occupancies.
Recommendation: Council adopt Draft Resolution confirming the annual
assessment for the Atascadero Tourism Business Improvement District (Fiscal
Year 2020-2021). [City Manager]
Ex Parte Communications
The Council Members reported having no communications on this item.
City Manager Rickard gave the staff report 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 Council Member Newsom to adopt
Resolution 2020-053 confirming the annual assessment for the
Atascadero Tourism Business Improvement District (Fiscal Year
2020-2021).
Motion passed 5:0 by a roll-call vote.
2. Downtown Parking and Business Improvement Area Confirmation of Annual
Assessment (FY 2020-2021))
Ex-Parte Communications:
Fiscal Impact: Adopting the staff recommendation will result in the collection
and expenditure of approximately $10,600 in budgeted DPBIA funds.
Recommendation: Council adopt Draft Resolution confirming the annual
assessment for the Downtown Parking and Business Improvement Area
(Fiscal Year 2020-2021). [City Manager]
City Manager Rickard gave the staff report and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: None.
Mayor Moreno closed the Public Comment period.
Page 11 of 70
ITEM NUMBER: A-1
DATE: 07/14/20
Atascadero City Council
June 23, 2020
Page 5 of 7
MOTION: By Council Member Fonzi and seconded by Council Member Funk to
adopt Resolution No. 2020-054 confirming the annual assessment
for the Downtown Parking and Business Improvement Area (Fiscal
Year 2020-2021).
Motion passed 5:0 by a roll-call vote.
3. Adopting Sewer Service Charges to be Added to the 2020-2021 Property Tax Rolls
Ex-Parte Communications:
Fiscal Impact: The City estimates it will collect $2,782,000 in sewer service
charges for Fiscal Year 2020-2021.
Recommendations: Council:
1. Conduct a public hearing to receive verbal testimony regarding the
proposed sewer service charges to be levied onto property tax rolls.
2. Adopt Draft Resolution approving sewer service charges to be added to
the 2020-2021 property tax rolls. [Public Works]
Public Works Director DeBar gave the staff report 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 Council Member Funk and seconded by Council Member Newsom to:
1. Conduct a public hearing to receive verbal testimony regarding
the proposed sewer service charges to be levied onto property
tax rolls.
2. Adopt Resolution No. 2020-055 approving sewer service charges
to be added to the 2020-2021 property tax rolls.
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. 6th Cycle Housing Element Update Draft Plan (CPP19-0067)
Fiscal Impact: None.
Recommendations: Council:
1. Review and comment on the Draft Housing Element and receive public input.
2. Authorize staff to submit the Draft plan to the State for initial review.
[Community Development]
Community Development Director Dunsmore and Consultant Genevieve Sharrow gave the
staff report and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: None.
Mayor Moreno closed the Public Comment period.
Page 12 of 70
ITEM NUMBER: A-1
DATE: 07/14/20
Atascadero City Council
June 23, 2020
Page 6 of 7
MOTION: By Council Member Newsom and seconded by Council Member Fonzi to:
1. Review and comment on the Draft Housing Element and receive
public input.
2. Authorize staff to submit the Draft plan to the State for initial
review.
Motion passed 5:0 by a roll-call vote.
D. DISCUSSION ITEM: Discussion of COVID 19 issues including oral updates by Mayor
Moreno and City Manager Rickard, questions by City Council, public comment and
comments by City Council.
1. Coronavirus (COVID-19) update – Mayor Moreno
2. Coronavirus (COVID-19) update – City Manager Rickard
Mayor Moreno and City Manager Rickard provided updates on Coronavirus (COVID-19) and
answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: None.
Mayor Moreno closed the Public Comment period.
E. 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. Integrated Waste Management Authority (IWMA)
2. League of California Cities Revenue and Taxation Committee
Council Member Fonzi
1. Air Pollution Control District
2. City of Atascadero Design Review Committee
Council Member Funk
1. Homeless Services Oversight Council
Council Member Newsom
1. City of Atascadero Design Review Committee
F. INDIVIDUAL DETERMINATION AND / OR ACTION: None.
Page 13 of 70
ITEM NUMBER: A-1
DATE: 07/14/20
Atascadero City Council
June 23, 2020
Page 7 of 7
G. ADJOURN
Mayor Moreno adjourned the meeting at 8:57 p.m.
MINUTES PREPARED BY:
______________________________________
Amanda Muther
Deputy City Clerk
APPROVED:
Page 14 of 70
A.^ aaagiffs's'6'a-^T "$»-.kS@to ^0.<•&Atascadero City CouncilStaff Report - Administrative Services DepartmentJune 2020 Accounts Payable and PayrollRECOMMENDATION:Council approve certified City accounts payable, payroll and payroll vendor checks forJune 2020.DISCUSSION:Attached for City Council review and approval are the following:PayrollChecks # 34880 - 34893Direct DepositsChecks # 34894 - 34905Direct DepositsAccounts PayableDated 6/1/20-6/30/20 Checks # 164480 -164701& EFTs 3697 - 3725Dated 6/11/2020Dated 6/25/2020$TOTAL AMOUNT13,558.93298,296.3012,677.58298,087.921,749,981.07$ 2,372,601.80FISCAL IMPACT:Total expenditures for all funds is$ 2,372,601.80CERTIFICATION:The undersigned certifies that the attached demands have been released forpayment and that funds are available for these demands.''A^/^_/Jerjf Rangel ^rDiVector of Administrative ServicesATTACHMENT:June 2020 Eden Warrant Register in the amount of$ 1,749,981.07ITEM NUMBER: A-2DATE: 07/14/20Page 15 of 70
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of June 2020
3697 06/02/2020 RABOBANK, N.A.46,648.96Payroll Vendor Payment
3698 06/02/2020 EMPLOYMENT DEV DEPARTMENT 13,371.74Payroll Vendor Payment
3699 06/02/2020 EMPLOYMENT DEV. DEPARTMENT 2,165.70Payroll Vendor Payment
164480 06/04/2020 ANTHEM BLUE CROSS HEALTH 188,164.64Payroll Vendor Payment
164481 06/04/2020 LINCOLN NATIONAL LIFE INS CO 1,692.13Payroll Vendor Payment
164482 06/04/2020 MEDICAL EYE SERVICES 1,763.97Payroll Vendor Payment
164483 06/04/2020 PREFERRED BENEFITS INSURANCE 8,814.30Payroll Vendor Payment
164484 06/05/2020 A SUPERIOR CRANE, LLC 480.00Accounts Payable Check
164485 06/05/2020 ACTIVE 911, INC.22.68Accounts Payable Check
164486 06/05/2020 ADVANCED INFRASTRUCTURE TECHN 126.29Accounts Payable Check
164487 06/05/2020 AGP VIDEO, INC.2,870.00Accounts Payable Check
164488 06/05/2020 ALL SIGNS AND GRAPHICS 107.75Accounts Payable Check
164489 06/05/2020 AMERICAN WEST TIRE & AUTO INC 564.61Accounts Payable Check
164490 06/05/2020 ANTECH DIAGNOSTICS 15.96Accounts Payable Check
164491 06/05/2020 AT&T 286.77Accounts Payable Check
164492 06/05/2020 AT&T 766.24Accounts Payable Check
164493 06/05/2020 ATASCADERO HAY & FEED 923.52Accounts Payable Check
164495 06/05/2020 ATASCADERO MUTUAL WATER CO.15,600.60Accounts Payable Check
164496 06/05/2020 AVILA TRAFFIC SAFETY 3,090.00Accounts Payable Check
164497 06/05/2020 BASSETT'S CRICKET RANCH,INC.249.94Accounts Payable Check
164498 06/05/2020 BAUER COMPRESSORS 1,829.00Accounts Payable Check
164499 06/05/2020 BELL'S PLUMBING REPAIR, INC.195.00Accounts Payable Check
164500 06/05/2020 KEITH R. BERGHER 90.00Accounts Payable Check
164501 06/05/2020 BERRY MAN, INC.503.55Accounts Payable Check
164502 06/05/2020 BIG RED MARKETING, INC.4,360.00Accounts Payable Check
164503 06/05/2020 BRANCH SMITH PROPERTIES 1,050.00Accounts Payable Check
164504 06/05/2020 BURT INDUSTRIAL SUPPLY 554.14Accounts Payable Check
164505 06/05/2020 CALPORTLAND COMPANY 753.60Accounts Payable Check
164506 06/05/2020 CARQUEST OF ATASCADERO 113.85Accounts Payable Check
164507 06/05/2020 CHARTER COMMUNICATIONS 2,096.40Accounts Payable Check
164508 06/05/2020 CO OF SAN LUIS OBISPO SART PRG 1,532.00Accounts Payable Check
164509 06/05/2020 COASTAL COPY, INC.105.33Accounts Payable Check
164510 06/05/2020 COASTAL REPROGRAPHIC SERVICES 156.13Accounts Payable Check
164511 06/05/2020 COASTLINE EQUIPMENT 1,995.62Accounts Payable Check
164512 06/05/2020 NICK COONS 200.00Accounts Payable Check
164513 06/05/2020 CRYSTAL SPRINGS WATER 20.00Accounts Payable Check
164514 06/05/2020 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check
164515 06/05/2020 NICHOLAS DEBAR 300.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 07/14/20
ATTACHMENT: 1
Page 16 of 70
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of June 2020
164516 06/05/2020 AKANE KATHARINE DECKER 59.00Accounts Payable Check
164517 06/05/2020 PHILIP DUNSMORE 300.00Accounts Payable Check
164518 06/05/2020 EARTH SYSTEMS PACIFIC 36,544.50Accounts Payable Check
164519 06/05/2020 EL CAMINO VETERINARY HOSP 439.88Accounts Payable Check
164520 06/05/2020 FENCE FACTORY ATASCADERO 150.78Accounts Payable Check
164521 06/05/2020 FGL ENVIRONMENTAL 324.00Accounts Payable Check
164522 06/05/2020 GAS COMPANY 314.66Accounts Payable Check
164523 06/05/2020 HANSEN BRO'S CUSTOM FARMING 9,611.60Accounts Payable Check
164524 06/05/2020 HOME DEPOT CREDIT SERVICES 846.51Accounts Payable Check
164525 06/05/2020 IRON MOUNTAIN RECORDS MGMNT 113.99Accounts Payable Check
164526 06/05/2020 JK'S UNLIMITED, INC.925.90Accounts Payable Check
164527 06/05/2020 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check
164528 06/05/2020 JOEL SWITZER DIESEL REPAIR,INC 1,755.35Accounts Payable Check
164529 06/05/2020 L.N. CURTIS & SONS 609.40Accounts Payable Check
164530 06/05/2020 LIFE ASSIST, INC.446.20Accounts Payable Check
164531 06/05/2020 MADRONE LANDSCAPES, INC.135.50Accounts Payable Check
164532 06/05/2020 MARBORG INDUSTRIES 62.28Accounts Payable Check
164533 06/05/2020 MICHAEL K. NUNLEY & ASSC, INC.1,363.06Accounts Payable Check
164534 06/05/2020 MINER'S ACE HARDWARE 500.53Accounts Payable Check
164535 06/05/2020 MISSION UNIFORM SERVICE 424.92Accounts Payable Check
164536 06/05/2020 MNS ENGINEERS, INC.19,866.63Accounts Payable Check
164537 06/05/2020 MV TRANSPORTATION, INC.4,944.25Accounts Payable Check
164538 06/05/2020 NEWTON CONSTRUCTION & MGMT INC 135,879.92Accounts Payable Check
164539 06/05/2020 NOWDOCS INTERNATIONAL, INC.362.04Accounts Payable Check
164540 06/05/2020 OFFICE DEPOT INC.696.10Accounts Payable Check
164541 06/05/2020 TARA ORLICK 43.70Accounts Payable Check
164543 06/05/2020 PACIFIC GAS AND ELECTRIC 18,296.18Accounts Payable Check
164544 06/05/2020 PAPE KENWORTH 1,797.45Accounts Payable Check
164545 06/05/2020 PAPICH CONSTRUCTION CO., INC.12,046.00Accounts Payable Check
164546 06/05/2020 PASO ROBLES SAFE & LOCK, INC.631.90Accounts Payable Check
164547 06/05/2020 PINNACLE TRAFFIC ENGINEERING 1,450.00Accounts Payable Check
164548 06/05/2020 SCOTT E. PIPAN 128.00Accounts Payable Check
164549 06/05/2020 PROCARE JANITORIAL SUPPLY,INC.164.86Accounts Payable Check
164550 06/05/2020 PRP COMPANIES 208.86Accounts Payable Check
164551 06/05/2020 QUINCY ENGINEERING, INC.15,671.27Accounts Payable Check
164552 06/05/2020 SHIRLEY L. RADCLIFF-BRUTON 92.40Accounts Payable Check
164553 06/05/2020 RAINSCAPE, A LANDSCAPE SVC CO.7,311.25Accounts Payable Check
164554 06/05/2020 JERI RANGEL 300.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 07/14/20
ATTACHMENT: 1
Page 17 of 70
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of June 2020
164555 06/05/2020 READYREFRESH BY NESTLE 69.58Accounts Payable Check
164556 06/05/2020 RECOGNITION WORKS 525.82Accounts Payable Check
164557 06/05/2020 RENTAL DEPOT 82.00Accounts Payable Check
164558 06/05/2020 RICK ENGINEERING COMPANY 18,607.73Accounts Payable Check
164559 06/05/2020 RACHELLE RICKARD 500.00Accounts Payable Check
164560 06/05/2020 ROCKWELL ENGINEERING & EQUIP 9,762.71Accounts Payable Check
164561 06/05/2020 SERVICE SYSTEMS ASSC, INC.2,500.00Accounts Payable Check
164562 06/05/2020 SLO CO AIR POLLUTION CTRL DIST 406.70Accounts Payable Check
164563 06/05/2020 SLO COUNTY SHERIFF'S OFFICE 106.00Accounts Payable Check
164564 06/05/2020 STANLEY CONVERGENT SECURITY 352.56Accounts Payable Check
164565 06/05/2020 SUNLIGHT JANITORIAL, INC.2,661.00Accounts Payable Check
164566 06/05/2020 STEVE TIROTTA 27.61Accounts Payable Check
164567 06/05/2020 THE TRIBUNE 1,594.78Accounts Payable Check
164571 06/05/2020 U.S. BANK 12,071.16Accounts Payable Check
164572 06/05/2020 ULTREX LEASING 260.76Accounts Payable Check
164573 06/05/2020 THE VERDIN COMPANY 874.60Accounts Payable Check
164574 06/05/2020 VERIZON WIRELESS 2,526.59Accounts Payable Check
164575 06/05/2020 VERIZON WIRELESS-VSAT 80.00Accounts Payable Check
164576 06/05/2020 WALLACE GROUP 45,749.69Accounts Payable Check
164577 06/05/2020 WCJ PROPERTY SERVICES 624.00Accounts Payable Check
164578 06/05/2020 WEX BANK - 76 UNIVERSL 7,189.19Accounts Payable Check
164579 06/05/2020 WEX BANK - WEX FLEET UNIVERSAL 5,283.68Accounts Payable Check
164580 06/05/2020 WILBUR-ELLIS COMPANY 5,407.45Accounts Payable Check
164581 06/05/2020 WILD FIELDS BREWHOUSE 500.00Accounts Payable Check
164582 06/05/2020 WINE COUNTRY BALANCE 460.00Accounts Payable Check
164583 06/05/2020 ZOOM IMAGING SOLUTIONS, INC.947.54Accounts Payable Check
3700 06/11/2020 ANTHEM BLUE CROSS HSA 9,351.02Payroll Vendor Payment
164584 06/11/2020 ATASCADERO MID MGRS ORG UNION 80.00Payroll Vendor Payment
164585 06/11/2020 ATASCADERO POLICE OFFICERS 1,858.00Payroll Vendor Payment
164586 06/11/2020 ATASCADERO PROF. FIREFIGHTERS 1,176.50Payroll Vendor Payment
164587 06/11/2020 MASS MUTUAL WORKPLACE SOLUTION 6,941.38Payroll Vendor Payment
164588 06/11/2020 NATIONWIDE RETIREMENT SOLUTION 316.10Payroll Vendor Payment
164589 06/11/2020 NAVIA BENEFIT SOLUTIONS 1,392.54Payroll Vendor Payment
164590 06/11/2020 SEIU LOCAL 620 860.36Payroll Vendor Payment
164591 06/11/2020 VANTAGEPOINT TRNSFR AGT 106099 357.85Payroll Vendor Payment
164592 06/11/2020 VANTAGEPOINT TRNSFR AGT 304633 4,382.54Payroll Vendor Payment
164593 06/11/2020 VANTAGEPOINT TRNSFR AGT 706276 296.00Payroll Vendor Payment
3701 06/12/2020 STATE DISBURSEMENT UNIT 209.54Payroll Vendor Payment
ITEM NUMBER: A-2
DATE: 07/14/20
ATTACHMENT: 1
Page 18 of 70
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of June 2020
3702 06/12/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,826.83Payroll Vendor Payment
3703 06/12/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 35,206.15Payroll Vendor Payment
3704 06/12/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,702.50Payroll Vendor Payment
3705 06/12/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,346.12Payroll Vendor Payment
3706 06/12/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,958.86Payroll Vendor Payment
3707 06/12/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,065.55Payroll Vendor Payment
3708 06/12/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,200.29Payroll Vendor Payment
3709 06/12/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 12,083.02Payroll Vendor Payment
3710 06/16/2020 RABOBANK, N.A.56,284.16Payroll Vendor Payment
3711 06/16/2020 EMPLOYMENT DEV DEPARTMENT 17,166.52Payroll Vendor Payment
3712 06/16/2020 EMPLOYMENT DEV. DEPARTMENT 2,460.05Payroll Vendor Payment
164594 06/19/2020 AGP VIDEO, INC.2,860.00Accounts Payable Check
164595 06/19/2020 AIRGAS USA, LLC 665.12Accounts Payable Check
164596 06/19/2020 ALL SIGNS AND GRAPHICS 969.75Accounts Payable Check
164597 06/19/2020 AMERICAN WEST TIRE & AUTO INC 6,526.63Accounts Payable Check
164598 06/19/2020 APPLIED CONCEPTS, INC.878.54Accounts Payable Check
164599 06/19/2020 KELLY AREBALO 775.27Accounts Payable Check
164601 06/19/2020 AT&T 922.70Accounts Payable Check
164602 06/19/2020 AT&T 33.38Accounts Payable Check
164603 06/19/2020 ATASCADERO HAY & FEED 28.73Accounts Payable Check
164604 06/19/2020 ATASCADERO UNIFIED SCHOOL DIST 2,750.00Accounts Payable Check
164605 06/19/2020 VICKI AYALA 52.00Accounts Payable Check
164606 06/19/2020 BASSETT'S CRICKET RANCH,INC.1,046.51Accounts Payable Check
164607 06/19/2020 BERRY MAN, INC.1,152.33Accounts Payable Check
164608 06/19/2020 BREZDEN PEST CONTROL, INC.164.00Accounts Payable Check
164609 06/19/2020 BURKE,WILLIAMS, & SORENSON LLP 20,000.00Accounts Payable Check
164610 06/19/2020 BURT INDUSTRIAL SUPPLY 329.21Accounts Payable Check
164611 06/19/2020 BUSINESS ORIENTED SOFTWARE SOL 4,168.80Accounts Payable Check
164612 06/19/2020 C3 CONSTRUCTION & DEVELOPMENT 3,321.64Accounts Payable Check
164613 06/19/2020 CAL-COAST REFRIGERATION, INC 477.86Accounts Payable Check
164614 06/19/2020 CANNON 865.60Accounts Payable Check
164615 06/19/2020 LISA CAVA 700.10Accounts Payable Check
164616 06/19/2020 CHARTER COMMUNICATIONS 1,474.32Accounts Payable Check
164617 06/19/2020 BRIAN CISNEROS 52.00Accounts Payable Check
164618 06/19/2020 CITY OF ATASCADERO 277.00Accounts Payable Check
164619 06/19/2020 JULIANNA CLARK 71.00Accounts Payable Check
164620 06/19/2020 COASTAL REPROGRAPHIC SERVICES 66.16Accounts Payable Check
164621 06/19/2020 CARINA CORRAL 52.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 07/14/20
ATTACHMENT: 1
Page 19 of 70
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of June 2020
164622 06/19/2020 CREWSENSE, LLC 193.35Accounts Payable Check
164623 06/19/2020 DEPARTMENT OF JUSTICE 245.00Accounts Payable Check
164624 06/19/2020 FENCE FACTORY ATASCADERO 500.00Accounts Payable Check
164625 06/19/2020 FERGUSON ENTERPRISES, LLC 330.21Accounts Payable Check
164626 06/19/2020 FGL ENVIRONMENTAL 81.00Accounts Payable Check
164627 06/19/2020 ASHLEY FRIEND 14.99Accounts Payable Check
164628 06/19/2020 ASHLEY FRY 52.00Accounts Payable Check
164629 06/19/2020 GAS COMPANY 347.44Accounts Payable Check
164630 06/19/2020 HAMNER, JEWELL & ASSOCIATES 1,451.65Accounts Payable Check
164631 06/19/2020 HANSEN BRO'S CUSTOM FARMING 14,198.95Accounts Payable Check
164632 06/19/2020 HART IMPRESSIONS PRINTING 90.34Accounts Payable Check
164633 06/19/2020 HEALTHY FIREFIGHTERS USA, INC.5,120.00Accounts Payable Check
164634 06/19/2020 HINDERLITER, DE LLAMAS 2,872.82Accounts Payable Check
164635 06/19/2020 INGLIS PET HOTEL 289.92Accounts Payable Check
164636 06/19/2020 INTERNATIONAL CONF OF POLICE 125.00Accounts Payable Check
164637 06/19/2020 DAREN KENNETT 43.77Accounts Payable Check
164638 06/19/2020 KNECHT'S PLUMBING & HEATING 5,922.60Accounts Payable Check
164639 06/19/2020 KPRL 1230 AM 320.00Accounts Payable Check
164640 06/19/2020 LEE WILSON ELECTRIC CO. INC 1,870.32Accounts Payable Check
164641 06/19/2020 LIFE ASSIST, INC.150.49Accounts Payable Check
164642 06/19/2020 MARBORG INDUSTRIES 62.28Accounts Payable Check
164643 06/19/2020 ROBERT MCCLAIN 71.00Accounts Payable Check
164644 06/19/2020 MICHAEL K. NUNLEY & ASSC, INC.184.89Accounts Payable Check
164645 06/19/2020 MID-COAST MOWER & SAW, INC.71.57Accounts Payable Check
164646 06/19/2020 MIG 8,958.75Accounts Payable Check
164647 06/19/2020 MINER'S ACE HARDWARE 360.18Accounts Payable Check
164648 06/19/2020 MISSION UNIFORM SERVICE 212.96Accounts Payable Check
164649 06/19/2020 MWI ANIMAL HEALTH 58.12Accounts Payable Check
164650 06/19/2020 NORTH COAST ENGINEERING INC.3,662.75Accounts Payable Check
164651 06/19/2020 OFFICE DEPOT INC.67.57Accounts Payable Check
164652 06/19/2020 O'REILLY AUTOMOTIVE, INC.23.67Accounts Payable Check
164653 06/19/2020 PACIFIC GAS AND ELECTRIC 36,372.00Accounts Payable Check
164654 06/19/2020 PEAKWIFI, LLC 650.00Accounts Payable Check
164655 06/19/2020 AMY PERRY 71.00Accounts Payable Check
164656 06/19/2020 PERRY'S ELECTRIC MOTORS & CTRL 3,023.14Accounts Payable Check
164657 06/19/2020 KIRKLEY PETERSON 210.00Accounts Payable Check
164658 06/19/2020 PROCARE JANITORIAL SUPPLY,INC.725.90Accounts Payable Check
164659 06/19/2020 KRISTINA PROZESKY 52.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 07/14/20
ATTACHMENT: 1
Page 20 of 70
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of June 2020
164660 06/19/2020 PRP COMPANIES 358.13Accounts Payable Check
164661 06/19/2020 SHIRLEY L. RADCLIFF-BRUTON 88.20Accounts Payable Check
164662 06/19/2020 RAVATT,ALBRECHT, & ASSC.,INC.440.00Accounts Payable Check
164663 06/19/2020 READYREFRESH BY NESTLE 383.78Accounts Payable Check
164664 06/19/2020 REVENUE & COST SPECIALISTS LLC 9,330.41Accounts Payable Check
164665 06/19/2020 AMANDA RINEHART 57.00Accounts Payable Check
164666 06/19/2020 S6 MARTIAL ARTS 30.00Accounts Payable Check
164667 06/19/2020 MAYRA RIZO SALIGAN 1,470.50Accounts Payable Check
164668 06/19/2020 SAN LUIS POWERHOUSE, INC.852.48Accounts Payable Check
164669 06/19/2020 SERVICE SYSTEMS ASSC, INC.5,000.00Accounts Payable Check
164670 06/19/2020 SLO COUNTY IWMA 15,808.00Accounts Payable Check
164671 06/19/2020 SO. CALIF. GAS CO.8,944.76Accounts Payable Check
164672 06/19/2020 SOUZA CONSTRUCTION, INC.274,740.94Accounts Payable Check
164673 06/19/2020 SPEAKWRITE, LLC.693.88Accounts Payable Check
164674 06/19/2020 STANLEY CONVERGENT SECURITY 212.00Accounts Payable Check
164675 06/19/2020 STERICYCLE, INC.60.20Accounts Payable Check
164676 06/19/2020 TEMPLETON UNIFORMS, LLC 43.44Accounts Payable Check
164677 06/19/2020 TERRA VERDE ENVIRONMENTAL CONS 272.82Accounts Payable Check
164678 06/19/2020 THOMSON REUTERS - WEST 170.00Accounts Payable Check
164679 06/19/2020 THRIVE TRAINING CENTER 36.50Accounts Payable Check
164680 06/19/2020 TRACE ANALYTICS, LLC 375.25Accounts Payable Check
164681 06/19/2020 ULTREX BUSINESS PRODUCTS 20.68Accounts Payable Check
164682 06/19/2020 NICOLE VAZQUEZ 26.00Accounts Payable Check
164683 06/19/2020 VERDIN 5,651.24Accounts Payable Check
164684 06/19/2020 VERIZON WIRELESS 551.85Accounts Payable Check
164685 06/19/2020 WEST COAST AUTO & TOWING, INC.76.40Accounts Payable Check
164686 06/19/2020 WHITLOCK & WEINBERGER TRANS.2,243.75Accounts Payable Check
164687 06/19/2020 WHIT'S TURN TREE CARE 2,025.00Accounts Payable Check
3713 06/25/2020 ANTHEM BLUE CROSS HSA 8,406.61Payroll Vendor Payment
164688 06/25/2020 ATASCADERO MID MGRS ORG UNION 80.00Payroll Vendor Payment
164689 06/25/2020 ATASCADERO POLICE OFFICERS 1,858.00Payroll Vendor Payment
164690 06/25/2020 ATASCADERO PROF. FIREFIGHTERS 1,176.50Payroll Vendor Payment
164691 06/25/2020 MASS MUTUAL WORKPLACE SOLUTION 6,953.89Payroll Vendor Payment
164692 06/25/2020 NATIONWIDE RETIREMENT SOLUTION 602.67Payroll Vendor Payment
164693 06/25/2020 NAVIA BENEFIT SOLUTIONS 1,392.54Payroll Vendor Payment
164694 06/25/2020 SEIU LOCAL 620 860.36Payroll Vendor Payment
164695 06/25/2020 VANTAGEPOINT TRNSFR AGT 106099 357.85Payroll Vendor Payment
164696 06/25/2020 VANTAGEPOINT TRNSFR AGT 304633 4,398.38Payroll Vendor Payment
ITEM NUMBER: A-2
DATE: 07/14/20
ATTACHMENT: 1
Page 21 of 70
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of June 2020
164697 06/25/2020 VANTAGEPOINT TRNSFR AGT 706276 296.00Payroll Vendor Payment
3714 06/26/2020 STATE DISBURSEMENT UNIT 209.54Payroll Vendor Payment
3715 06/26/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,923.26Payroll Vendor Payment
3716 06/26/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 34,369.89Payroll Vendor Payment
3717 06/26/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,688.93Payroll Vendor Payment
3718 06/26/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,346.12Payroll Vendor Payment
3719 06/26/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,958.86Payroll Vendor Payment
3720 06/26/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,385.33Payroll Vendor Payment
3721 06/26/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 7,830.85Payroll Vendor Payment
3722 06/26/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 11,949.15Payroll Vendor Payment
3723 06/30/2020 RABOBANK, N.A.54,686.15Payroll Vendor Payment
3724 06/30/2020 EMPLOYMENT DEV DEPARTMENT 16,528.20Payroll Vendor Payment
3725 06/30/2020 EMPLOYMENT DEV. DEPARTMENT 2,410.71Payroll Vendor Payment
164698 06/30/2020 ANTHEM BLUE CROSS HEALTH 186,202.91Payroll Vendor Payment
164699 06/30/2020 LINCOLN NATIONAL LIFE INS CO 1,691.71Payroll Vendor Payment
164700 06/30/2020 MEDICAL EYE SERVICES 1,766.85Payroll Vendor Payment
164701 06/30/2020 PREFERRED BENEFITS INSURANCE 8,786.00Payroll Vendor Payment
$1,749,981.07
ITEM NUMBER: A-2
DATE: 07/14/20
ATTACHMENT: 1
Page 22 of 70
ITEM NUMBER: A-3
DATE: 07/14/20
Atascadero City Council
Staff Report - City Manager
Temporary Fee Reduction for the
Review of Outdoor Food and Beverage Installations
RECOMMENDATION:
Council adopt Draft Resolution ratifying the City Manager’s temporary reduction (one year) of
application and review fees for the City review of a permit to allow for outdoor food and beverage
service on public or private property associated with bars and restaurants.
DISCUSSION:
Background
Due to the COVID pandemic, the County issued a Shelter at Home Order on March 18, 2020.
The resulting shut-down had a devastating effect on many of the small businesses in Atascadero
including restaurants, bars, and tasting rooms. While the all levels of government have tried to
provide some measure of relief, our businesses are struggling to make things work.
The County of San Luis Obispo has entered stage 2 of the stay at home order, allowing bars
and restaurants to open when they operate in accordance with the County Health guidelines.
These guidelines include the need to provide physical distance between patrons dining at
restaurants and bars. These new distance requirements have strained the ability of local
businesses to remain fiscally sustainable. Therefore, many businesses have begun seeking
options to expand the scope of their dining area. In some cases, this results in the need to
expand dining into private parking areas, or within public right of way areas such as sidewalks.
In order to comply with State of California and County of San Luis Obispo safe reopening
requirements and in order to help ensure the safety of their dining patrons, the City is
encouraging businesses to follow safety protocols and seek options to expand dining areas.
Council asked that staff look for ways to eliminate barriers and facilitate expanded dining areas.
Staff examined the development standards, fees and constraints to help streamline the approval
for these outdoor dining areas. As a result, the Emergency Services Director has implemented
temporary measures that include waiving parking requirements and implementing fee reductions
for the installation of temporary dining areas to allow for business to meet social distancing
requirements. These temporary measures are intended to provide economic relief to
Atascadero’s dining businesses.
Page 23 of 70
ITEM NUMBER: A-3
DATE: 07/14/20
The following chart outlines the original fee and the implemented temporary fee reduction.
Outdoor Dining Permit under COVID-19
Level Description Original Fee Proposed Reduced
Fee
Level 1 Temporary encroachment permit for day
use only $ 133 $ 50
Level 2 Temporary encroachment permit on
private property $ 210 $ 50
Level 3 Temporary encroachment permit in City
Right-of-Way, no construction $ 343 $ 50
Level 4 Temporary encroachment permit in City
Right-of-Way, with construction $ 646 $ 100
A temporary encroachment permit for day use only includes areas where the business puts
chairs and tables out during daytime hours, and removes them during the overnight hours.
A temporary encroachment permit on private property includes areas where the business puts
chairs and tables on private property during the day and overnight.
A temporary encroachment permit in City Right-of-Way, “no construction” includes areas where
the business puts chairs and tables in the City’s right-of-way during the day and overnight. This
would not include areas where any semi-permanent railings or construction in the public right of
way occurs.
A temporary encroachment permit in City Right-of-Way, with construction includes areas where
the business puts chairs and tables in the City’s right-of-way and includes construction of some
kind and includes construction of some kind, including ABC barriers or delineation.
As restaurants, bars and tasting rooms expand into parking areas, there is the potent ial that the
businesses will no longer have the requisite number of parking spaces per code. The order
signed by the Director of Emergency Services, also granted the Community Development
Director to temporarily reduce or waive parking requirements in order to provide outdoor food
and beverage service.
These measures are proposed to expire on July 1, 2021 unless an extension is granted by the
City Manager, acting as the Director of Emergency Services.
FISCAL IMPACT:
The adoption of this temporary fee relief program would result in minor fiscal impacts to the City.
Staff time expended on this development activity will not be recouped in full, however there is a
potential offsetting revenue increases from expanded taxable sales in the outdoor dining
installations.
Page 24 of 70
ITEM NUMBER: A-3
DATE: 07/14/20
ALTERNATIVES:
Recommend the City Manager rescind the current order temporarily reducing fees for outdoor
food and beverage facilities.
ATTACHMENT:
Draft Resolution affirming temporary fee reduction for the review of outdoor food and beverage
installations.
Page 25 of 70
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
07/14/20
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, RATIFYING THE CITY MANAGER’S,
ACTING IN HER CAPACITY AS THE CITY’S DIRECTOR OF
EMERGENCY SERVICES, ENACTMENT OF TEMPORARY PERMIT
FEE REDUCTIONS AND FLEXIBLE PARKING REQUIREMENTS FOR
RESTAURANTS AND BARS IMPLEMENTING OUTSIDE FOOD AND
BEVERAGE SERVICE IN ORDER TO COMPLY WITH COVID-19
SAFE REOPENING REQUIREMENTS
WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel
coronavirus (a disease now known as COVID-19) was first identified in Wuhan City, Hubie
Province, China, which has since become a worldwide pandemic, impacting more than 100
countries, including the United States; and
WHEREAS, the federal Centers for Disease Control and Prevention activated its
Emergency Response System to provide ongoing support for the response to C OVID-19 across
the country; the California Department of Public Health activated its Medical and Health
Coordination Center, and the Office of Emergency Services activated the State Operations Center
to provide support and guide actions to preserve public health; and
WHEREAS, the Governor of the State of California proclaimed a State of Emergency for
the State of California and issued Executive Orders directing measures to mitigate the spread of
cases of COVID-19 within the State of California; the San Luis Obispo County Emergency
Services Director proclaimed a local emergency; and the San Luis Obispo County Public Health
Director declared a public health emergency related to the spread of cases of COVID-19 within
the State of California; and
WHEREAS, on March 17, 2020 the City Council of the City of Atascadero proclaimed a
local emergency, finding that the actual existence of conditions of extreme peril to the safety of
persons and property had arisen within the City, caused by the effects of COVID-19; and
WHEREAS, the COVID-19 pandemic continues to present an imminent threat to public
health worldwide and in the U.S., and
WHEREAS, the pandemic and necessary federal, state, and local public health orders
requiring social distancing to prevent spread of COVID-19 have had and will continue to have
devastating economic impacts on the local community, including residents, businesses, employees
and City operations; and
Page 26 of 70
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
07/14/20
1
WHEREAS, in order to comply with State of California and County of San Luis Obispo
safe reopening requirements and in order to help ensure the safety of their dining patrons, a number
of local restaurants hope and plan to implement exterior dining options to allow for maximum
seating and dining capacity while maintaining safe-distancing between patrons; and
WHEREAS, due to the severe economic impacts of COVID-19 and its economic impacts
on the community and the City, it is necessary to implement temporary measures that include
waiving parking requirements for implementation of the Temporary Use Permit program to
support social distancing requirements, related to rapidly transitional business re-opening status,
and economic viability of businesses in adhering to opening and social distancing requirements;
and
WHEREAS, these temporary measures are intended to provide economic relief to
Atascadero’s dining businesses that are experiencing economic uncertainty while complying with
State and County Orders; and
WHEREAS, these programs are established for the purpose of supporting and facilitating
the recovery of business and economic activity in the City by expanding the spaces available, for
the safe conduct of activities for businesses and their patrons, to create more physical distance for
pedestrians and business patrons to maintain physical distancing; and nothing herein is intended
to nor shall be deemed to create open gathering places or public forums unrelated to the intended
business support and recovery purpose; and
WHEREAS, time is of the essence to quickly implement a program to allow for safe
physical distancing consistent with State and County Guidelines in order to address both public
health and economic impacts of COVID-19, and shall be subject to administrative modification by
the City, as may be necessary in response to emerging issues or concerns of public, health, safety
or convenience; and
WHEREAS, the City Manager, acting in the capacity of the Director of Emergency
Services, in order to support the immediate and safe reopening of restaurants and other businesses
in accordance with State and County guidelines related to the COVID-19 pandemic, did sign an
order on July 1, 2020 to temporarily reduce permit fees and temporarily reduce parking
requirements for bars and restaurants implementing outdoor food and beverage services.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. An immediate and temporary reduction of Temporary Encroachment
Permits for the purpose of the implementation of restaurant exterior dining space availability; and
directs and authorizes the Public Works Director and Community Development Director to
implement streamlined and lower cost Temporary Use Permit (TUP) program in the four Levels
as detailed herein, for establishment of temporary outdoor sales and dining areas in the City of
Atascadero.
Page 27 of 70
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
07/14/20
1
Outdoor Dining Permit under COVID-19
Level Description Original Fee Proposed
Reduced Fee
Level
1
Temporary encroachment permit for
day use only $ 133 $ 50
Level
2
Temporary encroachment permit on
private property $ 210 $ 100
Level
3
Temporary encroachment permit in
City Right-of-Way, no construction $ 343 $ 150
Level
4
Temporary encroachment permit in
City Right-of-Way, with construction $ 646 $ 300
Temporary encroachment permit for day use only includes areas where the business puts chairs
and tables out during daytime hours, and removes them during the overnight hours.
Temporary encroachment permit on private property includes areas where the business puts
chairs and tables on private property during the day and overnight.
Temporary encroachment permit in City Right-of-Way, “no construction” includes areas where
the business puts chairs and tables in the City’s right-of-way during the day and overnight. This
would not include areas where any railings or construction or ABC delineation occurs.
Temporary encroachment permit in City Right-of-Way, with construction includes areas where
the business puts chairs and tables in the City’s right-of-way and includes construction of some
kind, including ABC barriers or delineation.
This temporary TUP program will be administered consistent with existing TUP Code
enforcement for failure to obtain any permits that would otherwise be required under state law,
City of Atascadero Municipal Code, or building and safety codes.
Nothing herein is intended to, or shall, allow the erection or placement of any permanent or
temporary structure or improvement, on public or private property in violation or any state or
federal accessibility law, including American With Disabilities Act, or prohibit or suspend code
enforcement action deemed necessary by the Community Development Director, the Public
Works Director or any authorized enforcement official of the City, to remedy or abate any
dangerous condition or activity; any activity presenting an imminent threat of harm to the health,
safety or welfare of the community; any violation of state of federal accessibility law; or, any
unauthorized activity on private property or in the public right of way.
This temporary fee reduction will be subsidized; and will be valid for 12 months after issuance.
Page 28 of 70
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
07/14/20
1
SECTION 2. At the discretion of the Community Development Director, parking
requirements may be temporarily reduced in order to accommodate the installation of temporary
outdoor food and beverage service within parking areas. The temporary reduction of parking
requirements shall be valid only through July 1, 2021.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of _____, 2020.
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
ATTEST:
________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
Page 29 of 70
ITEM NUMBER: C-1
DATE: 07/14/20
Atascadero City Council
Staff Report - City Manager
Sales Tax Ballot Measure
(The City Council must adopt resolutions to submit a ballot measure to the voters.)
RECOMMENDATIONS:
Council:
1. Introduce, on first reading by title only, Draft Ordinance amending Title 3 of
the Atascadero Municipal Code to add a Chapter 18 “Essential Services
Transactions and Use Tax” to be administered by the California Department
of Tax and Administration, subject to adoption by the electorate.
2. Adopt the following Resolutions to submit to the voters a question relating to
increased sales tax:
A. Draft Resolution A, approving ballot measure text relating to increased
sales tax to be submitted to the qualified electors of the City at the
General Municipal Election to be held on November 3, 2020, as called
by Resolution No. 2020-051.
B. Draft Resolution B, setting priorities for filing written arguments
regarding the City measure and directing the City Attorney to prepare
an impartial analysis.
C. Draft Resolution C, providing for the filing of rebuttal arguments for City
measures submitted at Municipal Elections.
3. Authorize the Director of Administrative Services to appropriate $12,200 of
General Fund Reserve monies to the City Clerk budget.
DISCUSSION:
The City of Atascadero is fiscally challenged. The City has approximately half the
national average of police officers per capita for a City its size, is amongst the lowest
paying City employer in the County for most positions (and as such has difficulties
retaining employees), and has deteriorating infrastructure including fire stations, parks,
roads, sidewalks, zoo facilities, and other buildings. W hile the City does a lot with the
Page 30 of 70
ITEM NUMBER: C-1
DATE: 07/14/20
small amount of revenue that it receives, the revenues have not kept pace with the
increasing costs of providing police, fire, parks, recreation, and other services.
The City seeks to maintain essential services and is coming to a crossroads where it
cannot sustain the services it provides with the projected available resources.
Atascadero receives the lowest revenue per capita in Sales Tax, in Property Tax and in
General Fund revenues among all San Luis Obispo County c ities and money from a
local, voter-approved funding measure is needed at the local level to address the
community’s local needs. At the May 26, 2020 City Council Meeting, the Council
directed staff to prepare the necessary legislation for City Council consideration at the
July 14, 2020 meeting to place a one cent local sales tax override measure on the
November 2020 ballot. The Council cannot vote on whether the sales tax should be
increased; but rather whether the voters should be given the opportunity to decide if an
additional sales tax is the right thing for the community.
Sales Tax Measure Process
The City Council does not have the authority to establish or raise taxes, only to put a
measure on the ballot for voter approval. In order to place a tax measure on the
November 3, 2020 ballot, the City Council must approve the submission of the measure
to the voters (Draft Resolution A) by a 2/3 vote of the City Council (at least 4 members).
Note that Draft Resolution A also includes the specific lan guage of the question that will
be presented to the voters as required by the Elections Code as follows:
To provide funding for fire protection, paramedics, and 911 emergency
response, police, crime prevention and investigations, maintenance of
parks, public facilities and infrastructure, graffiti removal, and recreation,
community services, and other general city services in the City of
Atascadero, shall an ordinance establishing a one -percent sales tax be
adopted, providing approximately 4.5 million dollars annually for city
services until ended by voters, with annual independent audits and all
money locally controlled?
If passed by the Council and the electorate, the tax would be effective no sooner than
the first day of the first calendar quarter, commencing more than 110 days after the
adoption of the ordinance by the voters. Therefore, the tax would be effective no
sooner than April 1, 2021.
Proposition 218, requires that all City tax election measures be placed on the same
election when City Council Members are selected. The next Council election is
scheduled for November 3, 2020. Subsequent Council elections are held every two
years. As noted at the May 26, 2020 Council Meeting, the Council will need to adopt
the attached resolutions and introduce the Draft Ordinance at this meeting, in order to
allow sufficient time for the placement of the measure on the November ballot .
Revenue and Taxation Code requires that the Council introduce and adopt an
ordinance to establish the tax ballot measure, subject to approval by two -thirds of the
City Council, and approval by voters at the November 3, 2020 General Municipal
Election. The attached ordinance would then become the full text of the sales tax
measure. If introduced at this meeting, the ordinance would be brought back before the
Page 31 of 70
ITEM NUMBER: C-1
DATE: 07/14/20
Council on August 11, 2020 for second reading and adoption and will be submitted to
Atascadero voters on the November 3, 2020 ballot. Following approval and introduction
of the Draft Ordinance, Council must take additional actions regarding the mechanics of
placing the tax measure on the ballot.
The City Council previously adopted Resolution Nos. 2020-051 and 2020-052 to initiate
the election process and combine the City’s election with the County. If the Council
wishes to put the tax measure before the voters, specific language needs to be included
in the Election Resolutions to clarify for the San Luis Obispo County Clerk -Recorder the
requested wording for the November 3, 2020 ballots (Draft Resolution A).
A resolution setting the priorities for the filing of written arguments and directing the City
Attorney to prepare an impartial analysis will need to be adopted (Draft Resolution B).
The impartial analysis shall not exceed 500 words. In Resolution B, the City Council
also authorizes Council Members to write arguments in favor of the measure . Council
Members are not required to write an argument in favor of the Measure , however Draft
Resolution B gives them the option. Registered voters, bona fide association of
citizens, or a combination of voters and associations may also file written arguments in
favor or opposition of the ballot measure with the City Clerk.
Arguments shall not exceed 300 words and must be signed by the author(s). The City
Clerk has fixed July 24, 2020 as the last day for submitting arguments for and against
the ballot measure, and the impartial analysis by the City Attorney. This will allow
ample time for the 10-calendar-day public examination period, translation, typesetting,
printing and submission to the County. A notice of this deadline will be posted in the
kiosk in front of City Hall. If two or more arguments are submitted in favor of or against
the measure, the California Elections Code sets up priorities the City Clerk must follow
to select one of each for printing and distribution to the voters. In selecting the
argument, the City Clerk shall give preference and priority to the City Council or
members of the City Council who have been authorized by resolution of the City Council
to submit an argument, either jointly or individually.
Additionally, the adoption of a resolution providing for the filing of rebuttal arguments for
the ballot measure is required (Draft Resolution C). The rebuttal arguments shall not
exceed 250 words. The deadline for the filing of rebuttal arguments is August 3, 2020,
10 days after the deadline for the filing of the arguments in favor or opposed.
Conclusion
The voters are the only ones who may approve an additional sales tax. The Council
may place an item on the ballot for voter consideration, but the Council cannot impose
an additional sales tax. In order to move forward with a sales tax measure, the Council
must introduce and ultimately adopt an ordinance detailing the specifics of an increased
sales tax as well as adopt resolutions to submit the proposed sales tax measure to the
voters in order for the County Clerk to place the measure on the November ballot.
Page 32 of 70
ITEM NUMBER: C-1
DATE: 07/14/20
FISCAL IMPACT:
The cost to the City is determined by the number of registered voters on Election Day,
and the number of Candidate Statements included in the Voter Pamphlet. The County’s
estimate for the 2020 election of officials in Atascadero is $40,700. The City Clerk’s
estimate for the addition of the ballot measure is approximately $12,000. Therefore, the
total estimate for the 2020 election, including the ballot measure, is $52,700 in General
Funds.
ATTACHMENTS:
1. Draft Ordinance
2. Draft Resolution A
3. Draft Resolution B
4. Draft Resolution C
Page 33 of 70
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
07/14/20
1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING TITLE 3 OF THE
ATASCADERO MUNICIPAL CODE TO ADD A NEW CHAPTER 18
“ESSENTIAL SERVICES TRANSACTIONS AND USE TAX” TO BE
ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND
ADMINISTRATION, SUBJECT TO ADOPTION BY THE ELECTORATE
WHEREAS, pursuant to California Revenue & Taxation Code Sections 7251 et seq. and
7285.9, the City of Atascadero (“City”) is authorized to levy a Transactions and Use Tax for
general purposes, subject to voter approval and
WHEREAS, the City proposes to levy a Transactions and Use Tax for general
purposes to fund maintain and enhance important City services, with the rate set at one cent; and
WHEREAS, the City is fiscally challenged and while it does well with the funding that it
has, general fund revenue growth has not kept pace with the increasing costs of providing services
to a growing population; and
WHEREAS, the City seeks to maintain essential services and is coming to a crossroads
where it cannot sustain the services it provides with the projected available resources; and
WHEREAS, the City, has approximately half the national average of police officers per
capita for a City its size, is amongst the lowest paying City employer in the County for m ost
positions, and has deteriorating infrastructure including fire stations, parks, roads, sidewalks, zoo
facilities and other buildings; and
WHEREAS, Atascadero receives the lowest revenue per capita in Sales Tax, in Property
Tax and in General Fund revenues among all San Luis Obispo County cities and money from a
local, voter-approved funding measure is needed at the local level to address the community’s
local needs; and
WHEREAS, the proceeds from such transactions and use tax could not be taken by the
State and would remain local, to be spent in the City of Atascadero for services such as police,
fire, paramedic, parks, recreation, public facilities. infrastructure and other services; and
WHEREAS, all City revenues are subject to annual independent audits with public review
of the City’s budget being widely available, including at City Hall, and online; and
WHEREAS, under applicable law, to enact a transactions and use tax, the City Council of
the City of Atascadero must approve the Essential Services Transactions and Use Tax Ordinance
and the voters of the City of Atascadero must also adopt it upon majority vote at an election.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
Page 34 of 70
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
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1
SECTION 1. Title and Text. This Ordinance shall be known as the Essential Services
Transactions and Use Tax Ordinance, the full text of which is set forth in Attachment “A,” attached
hereto and incorporated herein by reference.
SECTION 2. Approval by City Council. Pursuant to California Revenue Taxation Code
Section 7285.9, this Ordinance was duly introduced on July 14, 2020 and approved upon second
reading for placement on the ballot by a two-thirds (2/3) supermajority of all members of the City
Council on ____________, 2020.
SECTION 3. Approval by the Voters. Pursuant to California Elections Code Section 9217,
this Ordinance shall be deemed adopted and take effect only if approved by a majority of the
eligible voters of the City of Atascadero voting at the Regular Election on November 3, 2020, and
shall be deemed adopted and take effect ten (10) days after the City Council has certified the results
of that election by resolution.
SECTION 4. Operative Date. “Operative Date” for the Essential Services Transactions
and Use Tax means the first day of the first calendar quarter commencing more than one hundred
ten (110) days after the effective date of this Ordinance, as set forth in Section 3, above.
SECTION 5. Severability. If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, the remainder of the Ordinance and the application of
such provision to other persons or circumstances shall not be affected thereby.
SECTION 6. Summary. The title and a summary of the Ordinance, along with the names
of the City Council members voting for and against the Ordinance, shall be published twice in a
newspaper of general circulation in the City of Atascadero.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance
no later than fifteen (15) days following the passage of this Ordinance, and shall cause this
Ordinance to be published by title and summary.
PASSED AND ADOPTED by the City Council of the City of Atascadero, California, held
on the _______ day of _________ 2020, by a vote of at least two-thirds of the City Council.
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
Page 35 of 70
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
07/14/20
1A
Essential Services Transactions and Use Tax
Page 1
ATTACHMENT A
CHAPTER 3-18
ESSENTIAL SERVICES TRANSACTIONS AND USE TAX
Sections:
3-18.010 Title.
3-18.020 Operative Date.
3-18.030 Purpose.
3-18.040 Contract with State.
3-18.050 Transaction Tax Rate.
3-18.060 Place of Sale.
3-18.070 Use Tax Rate.
3-18.080 Adoption of Provisions of State Law.
3-18.090 Limitations on Adoption of State Law and Collection of Use Taxes.
3-18.100 Permit Not Required.
3-18.110 Exemptions and Exclusions.
3-18.120 Amendments.
3-18.130 Enjoining Collection Forbidden.
3-18.140 Severability.
3-18.150 Effective Date.
3-18.140 Termination and Repeal.
3-18.170 Independent Annual Financial Audit.
3-18.010 Title.
This chapter is designated and shall be known as the Atascadero Essential Services Transactions and
Use Tax Ordinance. The city of Atascadero hereinafter shall be called "City." This ordinance shall be
applicable in the incorporated territory of the City.
3-18.020 Operative Date.
"Operative Date" means the first day of the first calendar quarter commencing more than 110
days after the adoption of this chapter, the date of such adoption being as set forth below.
3-18.030 Purpose.
This chapter is intended to achieve the following, among other purposes, and shall be interpreted
liberally in order to accomplish all of its lawful purposes:
A. To impose a retail transactions and use tax to be applied throughout the entire territory
of the City to the fullest extent permitted by law and in accordance with the provisions of Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of
Part 1.7 of Division 2.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions
identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are
not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue
and Taxation Code.
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ATTACHMENT:
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Essential Services Transactions and Use Tax
Page 2
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a
measure that can be administered and collected by the California Department of Tax and Fee
Administration in a manner that adapts itself as fully as practicable to, and requires the least possible
deviation from, the existing statutory and administrative procedures followed by the California
Department of Tax and Fee Administration in administering and collecting the California State Sales and
Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a
manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division
2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at
the same time, minimize the burden of record keeping upon persons subject to taxation under the
provisions of this chapter.
E. To provide transaction and use tax revenue for unrestricted general revenue purposes, and
not for specific purposes. All of the proceeds from the tax imposed by this chapter shall be placed in the
City’s general fund and be available for any legal municipal purposes.
3-18.040 Contract with State.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee
Administration to perform all functions incident to the administration and operation of this chapter;
provided that, if the City shall not have contracted with the California Department of Tax and Fee
Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative
date shall be the first day of the first calendar quarter following the execution of such a contract.
3-18.050 Transaction tax rate.
For the privilege of selling tangible personal property at retail, a tax is imposed upon all retailers
in the incorporated territory of the City at the rate of 1% of the gross receipts of any retailer from the sale
of all tangible personal property sold at retail in said territory on and after the operative date.
3-18.060 Place of sale.
For the purposes of this chapter, all retail sales are consummated at the place of business of the
retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out -of-state
destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from
such sales shall include delivery charges, when such charges are subject to the state sales and use tax,
regardless of the place to which delivery is made. In the event a retailer has no permanent place of
business in the State or has more than one place of business, the place or places at which the retail sales
are consummated shall be determined under rules and regulations to be prescribed and adopted by the
California Department of Tax and Fee Administration.
3-18.070 Use tax rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible
personal property purchased from any retailer on and after the operative date for storage, use or other
consumption in the territory of the City at the rate of 1% of the sales price of the property. The sales
price shall include delivery charges when such charges are subject to state sales or use tax regardless of
the place to which delivery is made.
Page 37 of 70
ITEM NUMBER: C-1
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ATTACHMENT:
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1A
Essential Services Transactions and Use Tax
Page 3
3-18.080 Adoption of provision of State law.
Except as otherwise provided in this chapter and except insofar as they are inconsistent with the
provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1
(commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted
and made a part of this chapter as though fully set forth herein.
3-18.090 Limitations on adoption of State law and collection of use taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name
of the City of Atascadero shall be substituted. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer,
State Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against this
City or any agency, officer, or employee thereof rather than by or against the California Department of
Tax and Fee Administration, in performing the functions incident to the administration or operation of
this chapter;
3. In those sections, including, but not necessarily limited to sections referring to the
exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from the taxes of this chapter with respect to certain sales,
storage, use or other consumption of tangible personal property which would not otherwise be exempt
from this tax while such sales, storage, use or other consumption remain subject to tax by the State under
the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of
tangible personal property, which would not be subject to tax by the State under the said provision of that
code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737,
6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer
engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
1. “A retailer engaged in business in the District” shall also include any retailer that,
in the preceding calendar year or the current calendar year, has total combined sales of tangible personal
property in this state or for delivery in the State by the retailer and all persons related to the retailer that
exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to
another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of th e
United States Code and the regulations thereunder.
3-18.100 Permit not required.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation
Code, an additional transactor's permit shall not be required by this chapter.
Page 38 of 70
ITEM NUMBER: C-1
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Essential Services Transactions and Use Tax
Page 4
3-18.110 Exemptions and exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the
amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or
county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-
administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross
receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to
operators of aircraft to be used or consumed principally outside the county in which the sale is made and
directly and exclusively in the use of such aircraft as common carriers of persons or property under the
authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the
City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery
by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph,
delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to
registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code,
aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented
vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by
registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer,
stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business
out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated
from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the
property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. A lease of tangible personal property which is a continuing sale of such property,
for any period of time for which the lessor is obligated to lease the property for an amount fixed by the
lease prior to the operative date of this chapter.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of
tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any
period of time for which any party to the contract or lease has the unconditional right to terminate the
contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use or
other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax
under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used
or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of
persons or property for hire or compensation under a certificate of p ublic convenience and necessity
Page 39 of 70
ITEM NUMBER: C-1
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ATTACHMENT:
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Essential Services Transactions and Use Tax
Page 5
issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is
in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of
the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a
contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible
personal property arises under a lease which is a continuing purchase of such property for any period of
time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the
operative date.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other
consumption, or possession of, or exercise of any right or power over, tangible personal property shall be
deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to
the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or
not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City
shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer
ships or delivers the property into the City or participates within the City in making the sale of the
property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a
place of business of the retailer in the City or through any representative, agent, canvasser, solicitor,
subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of
the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of
Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities
Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the
Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or
licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any
transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a
transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the
sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
3-18.120 Amendments.
All amendments subsequent to the effective date of this chapter to Part 1 of Division 2 of the
Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6
and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7
of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this chapter,
provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this
chapter. The City Council may amend this chapter to comply with applicable law or as may be otherwise
necessary in order to further the chapter’s stated purposes.
However, as required by Article XIII C of the California Constitution, voter approval is required
for any amendment that would increase the rate of any tax levied pursuant to this Chapter. The people of
the City of Atascadero affirm that the following actions shall not constitute an increase of the rate of a
tax:
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Page 6
A. The restoration of the rate of the tax to a rate that is no high er than that set by this
Chapter, if the City Council has acted to reduce the rate of the tax;
B. An action that interprets or clarifies the methodology of the tax, or any definition
applicable to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation
or clarification) is not inconsistent with the language of this Chapter; or
C. The collection of the tax imposed by this Chapter even if the City had, for some period of
time, failed to collect the tax.
3-18.130 Enjoining collection forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action
or proceeding in any court against the State or the City, or against any officer of the State or the City, to
prevent or enjoin the collection under this chapter, or Part 1.6 of Division 2 of the Revenue and Taxation
Code, of any tax or any amount of tax required to be collected.
3-18.140 Severability.
If any provision of this chapter or its application to any person or circumstance is determined by a court
of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall not
effect on any other provision of this chapter or the application of this chapter to any other person or
circumstance and, to that end, the provisions hereof are severable.
3-18.150 Effective date.
This chapter relates to the levying and collecting of the City transactions and use taxes and shall
take effect 10 days after the election results are declared by the City Council (CA Elections Code §9217).
The operative date (Section 2) will be the first day of the first calendar quarter commencing more than
110 days after the adoption of this ordinance, which will be April 1, 2021.
3-18.160 Termination and repeal.
The authority to levy a retail transaction and use tax shall be in effect until and unless repealed by
the voters of the City in the manner provided by law.
3-18.170 Independent annual financial audit.
The revenue and expenditures of this new transactions and use tax shall be included in the annual
audit of the City’s financial operations by an independent certified public accountant.
Page 41 of 70
ITEM NUMBER: C-1
DATE: 07/14/20
ATTACHMENT: 2
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING SUBMISSION OF DRAFT
ORDINANCE AMENDING TITLE 3 OF THE ATASCADERO
MUNICIPAL CODE TO ADD CHAPTER 18 “ESSENTIAL SERVICES
TRANSACTIONS AND USE TAX” AND BALLOT MEASURE TEXT
RELATING TO INCREASED SALES TAX TO THE QUALIFIED
ELECTORS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 3, 2020,
AS CALLED BY RESOLUTION NO. 2020-051
WHEREAS, under the provisions of the laws relating to general law cities in the State of
California, the City Council did previously call a General Municipal Election to be held on
November 3, 2020, for the election of Municipal Officers in Resolution No. 2020-051; and
WHEREAS, the City Council proposes to increase the sales tax rate in the City to fund,
enhance, and maintain important City services, with the rate set at one cent; and
WHEREAS, pursuant to California Revenue & Taxation Code Sections 7251 et seq. and
7285.9, the City of Atascadero (“City”) is authorized to levy a Transactions and Use Tax (sales
tax) for general purposes, subject to voter approval; and
WHEREAS, the City Council desires to levy a Transaction and Use Tax for general
purposes, to be known as the “Essential Services Transactions and Use Tax”; and
WHEREAS, the Essential Services Transactions and Use Tax cannot be imposed without
voter approval; and
WHEREAS, the City Council desires to submit the Essential Services Transactions and
Use Tax measure to the voters of the City at the General Municipal Election to be held on Tuesday,
November 3, 2020, and to be consolidated with any other election to be held on that date.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are
true and correct.
SECTION 2. The City Council hereby proposes the Essential Services Transaction and
Use Tax more completely described in the Ordinance attached hereto as Attachment “A” and
incorporated herein by reference.
SECTION 3. That pursuant to the requirements of the laws of the State of California
relating to General Law Cities, there is called and ordered to be held in the City of Atascadero,
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ATTACHMENT: 2
California on Tuesday, November 3, 2020, a General Municipal Election for the purpose of
submitting to the voters a question relating to increased sales tax.
SECTION 4. As set forth in Resolution Nos. 2020-051 and 2020-052, adopted on
June 23, 2020, the City Council of the City of Atascadero has ordered an election to be called and
consolidated with any and all elections also called to be held on November 3, 2020 insofar as said
elections are to be held in the same territory or in territory that is in part the same as the territory
of the City of Atascadero, and has requested that the Board of Supervisors of the County of San
Luis Obispo order such consolidation under Elections Code Sections 10401 and 10403.
SECTION 5. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following question:
BALLOT MEASURE #____
To provide funding for fire protection, paramedics, and 911 emergency
response, police, crime prevention and investigations, maintenance of
parks, public facilities and infrastructure, graffiti removal, and
recreation, community services, and other general city services in the
City of Atascadero, shall an ordinance establishing a one-cent sales
tax be adopted, providing approximately 4.5 million dollars annually
for city services until ended by voters, with annual independent audits
and all money locally controlled?
Yes
No
SECTION 6. That the proposed complete text of the measure (Ordinance) submitted to
the voters is attached as Exhibit A.
SECTION 7. That pursuant to Article XIII C of the Constitution, this measure requires
approval by a majority (50% + 1) of the votes cast.
SECTION 8. That in all particulars not recited in this Resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 9. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the election,
in time, form and manner as required by law.
SECTION 10. The City Council authorizes the City Clerk to administer said election and
all reasonable and actual election expenses shall be paid by the City upon presentation of a properly
submitted bill.
SECTION 11. This Resolution 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 adoption of this Resolution would have a significant effect on the
environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3)) and
because the Resolution involves the possible approval of government revenues to fund existing
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services (Pub. Resources Code § 21080, subd. (b)(8); CEQA Guidelines § 15273(a)(4)) it does not
make any commercial activity lawful nor commit the City to fund any particular activity.
SECTION 12. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of _____, 2020.
On motion by Council Member _________________ and seconded by Council Member
________________, the foregoing Resolution is hereby adopted on the following roll call 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 44 of 70
ITEM NUMBER: C-1
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ATTACHMENT:
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2A
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING TITLE 3 OF THE
ATASCADERO MUNICIPAL CODE TO ADD A NEW CHAPTER 18
“ESSENTIAL SERVICES TRANSACTIONS AND USE TAX” TO BE
ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND
ADMINISTRATION, SUBJECT TO ADOPTION BY THE ELECTORATE
WHEREAS, pursuant to California Revenue & Taxation Code Sections 7251 et seq. and
7285.9, the City of Atascadero (“City”) is authorized to levy a Transactions and Use Tax for
general purposes, subject to voter approval and
WHEREAS, the City proposes to levy a Transactions and Use Tax for general
purposes to fund maintain and enhance important City services, with the rate set at one cent; and
WHEREAS, the City is fiscally challenged and while it does well with the funding that it
has, general fund revenue growth has not kept pace with the increasing costs of providing services
to a growing population; and
WHEREAS, the City seeks to maintain essential services and is coming to a crossroads
where it cannot sustain the services it provides with the projected available resources; and
WHEREAS, the City, has approximately half the national average of police officers per
capita for a City its size, is amongst the lowest paying City employer in the County for m ost
positions, and has deteriorating infrastructure including fire stations, parks, roads, sidewalks, zoo
facilities and other buildings; and
WHEREAS, Atascadero receives the lowest revenue per capita in Sales Tax, in Property
Tax and in General Fund revenues among all San Luis Obispo County cities and money from a
local, voter-approved funding measure is needed at the local level to address the community’s
local needs; and
WHEREAS, the proceeds from such transactions and use tax could not be taken by the
State and would remain local, to be spent in the City of Atascadero for services such as police,
fire, paramedic, parks, recreation, public facilities. infrastructure and other services; and
WHEREAS, all City revenues are subject to annual independent audits with public review
of the City’s budget being widely available, including at City Hall, and online; and
WHEREAS, under applicable law, to enact a transactions and use tax, the City Council of
the City of Atascadero must approve the Essential Services Transactions and Use Tax Ordinance
and the voters of the City of Atascadero must also adopt it upon majority vote at an election.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
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SECTION 1. Title and Text. This Ordinance shall be known as the Essential Services
Transactions and Use Tax Ordinance, the full text of which is set forth in Attachment “A,” attached
hereto and incorporated herein by reference.
SECTION 2. Approval by City Council. Pursuant to California Revenue Taxation Code
Section 7285.9, this Ordinance was duly introduced on July 14, 2020 and approved upon second
reading for placement on the ballot by a two-thirds (2/3) supermajority of all members of the City
Council on ____________, 2020.
SECTION 3. Approval by the Voters. Pursuant to California Elections Code Section 9217,
this Ordinance shall be deemed adopted and take effect only if approved by a majority of the
eligible voters of the City of Atascadero voting at the Regular Election on November 3, 2020, and
shall be deemed adopted and take effect ten (10) days after the City Council has certified the results
of that election by resolution.
SECTION 4. Operative Date. “Operative Date” for the Essential Services Transactions
and Use Tax means the first day of the first calendar quarter commencing more than one hundred
ten (110) days after the effective date of this Ordinance, as set forth in Section 3, above.
SECTION 5. Severability. If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, the remainder of the Ordinance and the application of
such provision to other persons or circumstances shall not be affected thereby.
SECTION 6. Summary. The title and a summary of the Ordinance, along with the names
of the City Council members voting for and against the Ordinance, shall be published twice in a
newspaper of general circulation in the City of Atascadero.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance
no later than fifteen (15) days following the passage of this Ordinance, and shall cause this
Ordinance to be published by title and summary.
PASSED AND ADOPTED by the City Council of the City of Atascadero, California, held
on the _______ day of _________ 2020, by a vote of at least two-thirds of the City Council.
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
Page 46 of 70
ITEM NUMBER: C-1
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ATTACHMENT:
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Page 1
ATTACHMENT A
CHAPTER 3-18
ESSENTIAL SERVICES TRANSACTIONS AND USE TAX
Sections:
3-18.010 Title.
3-18.020 Operative Date.
3-18.030 Purpose.
3-18.040 Contract with State.
3-18.050 Transaction Tax Rate.
3-18.060 Place of Sale.
3-18.070 Use Tax Rate.
3-18.080 Adoption of Provisions of State Law.
3-18.090 Limitations on Adoption of State Law and Collection of Use Taxes.
3-18.100 Permit Not Required.
3-18.110 Exemptions and Exclusions.
3-18.120 Amendments.
3-18.130 Enjoining Collection Forbidden.
3-18.140 Severability.
3-18.150 Effective Date.
3-18.140 Termination and Repeal.
3-18.170 Independent Annual Financial Audit.
3-18.010 Title.
This chapter is designated and shall be known as the Atascadero Essential Services Transactions and
Use Tax Ordinance. The city of Atascadero hereinafter shall be called "City." This ordinance shall be
applicable in the incorporated territory of the City.
3-18.020 Operative Date.
"Operative Date" means the first day of the first calendar quarter commencing more than 110
days after the adoption of this chapter, the date of such adoption being as set forth below.
3-18.030 Purpose.
This chapter is intended to achieve the following, among other purposes, and shall be interpreted
liberally in order to accomplish all of its lawful purposes:
A. To impose a retail transactions and use tax to be applied throughout the entire territory
of the City to the fullest extent permitted by law and in accordance with the provisions of Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of
Part 1.7 of Division 2.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions
identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are
not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue
and Taxation Code.
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C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a
measure that can be administered and collected by the California Department of Tax and Fee
Administration in a manner that adapts itself as fully as practicable to, and requires the least possible
deviation from, the existing statutory and administrative procedures followed by the California
Department of Tax and Fee Administration in administering and collecting the California State Sales and
Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a
manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division
2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at
the same time, minimize the burden of record keeping upon persons subject to taxation under the
provisions of this chapter.
E. To provide transaction and use tax revenue for unrestricted general revenue purposes, and
not for specific purposes. All of the proceeds from the tax imposed by this chapter shall be placed in the
City’s general fund and be available for any legal municipal purposes.
3-18.040 Contract with State.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee
Administration to perform all functions incident to the administration and operation of this chapter;
provided that, if the City shall not have contracted with the California Department of Tax and Fee
Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative
date shall be the first day of the first calendar quarter following the execution of such a contract.
3-18.050 Transaction tax rate.
For the privilege of selling tangible personal property at retail, a tax is imposed upon all retailers
in the incorporated territory of the City at the rate of 1% of the gross receipts of any retailer from the sale
of all tangible personal property sold at retail in said territory on and after the operative date.
3-18.060 Place of sale.
For the purposes of this chapter, all retail sales are consummated at the place of business of the
retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out -of-state
destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from
such sales shall include delivery charges, when such charges are subject to the state sales and use tax,
regardless of the place to which delivery is made. In the event a retailer has no permanent place of
business in the State or has more than one place of business, the place or places at which the retail sales
are consummated shall be determined under rules and regulations to be prescribed and adopted by the
California Department of Tax and Fee Administration.
3-18.070 Use tax rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible
personal property purchased from any retailer on and after the operative date for storage, use or other
consumption in the territory of the City at the rate of 1% of the sales price of the property. The sales
price shall include delivery charges when such charges are subject to state sales or use tax regardless of
the place to which delivery is made.
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3-18.080 Adoption of provision of State law.
Except as otherwise provided in this chapter and except insofar as they are inconsistent with the
provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1
(commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted
and made a part of this chapter as though fully set forth herein.
3-18.090 Limitations on adoption of State law and collection of use taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name
of the City of Atascadero shall be substituted. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer,
State Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against this
City or any agency, officer, or employee thereof rather than by or against the California Department of
Tax and Fee Administration, in performing the functions incident to the administration or operation of
this chapter;
3. In those sections, including, but not necessarily limited to sections referring to the
exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from the taxes of this chapter with respect to certain sales,
storage, use or other consumption of tangible personal property which would not otherwise be exempt
from this tax while such sales, storage, use or other consumption remain subject to tax by the State under
the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of
tangible personal property, which would not be subject to tax by the State under the said provision of that
code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737,
6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer
engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
1. “A retailer engaged in business in the District” shall also include any retailer that,
in the preceding calendar year or the current calendar year, has total combined sales of tangible personal
property in this state or for delivery in the State by the retailer and all persons related to the retailer that
exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to
another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of th e
United States Code and the regulations thereunder.
3-18.100 Permit not required.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation
Code, an additional transactor's permit shall not be required by this chapter.
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3-18.110 Exemptions and exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the
amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or
county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-
administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross
receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to
operators of aircraft to be used or consumed principally outside the county in which the sale is made and
directly and exclusively in the use of such aircraft as common carriers of persons or property under the
authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the
City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery
by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph,
delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to
registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code,
aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented
vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by
registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer,
stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business
out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated
from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the
property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. A lease of tangible personal property which is a continuing sale of such property,
for any period of time for which the lessor is obligated to lease the property for an amount fixed by the
lease prior to the operative date of this chapter.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of
tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any
period of time for which any party to the contract or lease has the unconditional right to terminate the
contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use or
other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax
under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used
or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of
persons or property for hire or compensation under a certificate of p ublic convenience and necessity
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issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is
in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of
the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a
contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible
personal property arises under a lease which is a continuing purchase of such property for any period of
time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the
operative date.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other
consumption, or possession of, or exercise of any right or power over, tangible personal property shall be
deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to
the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or
not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City
shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer
ships or delivers the property into the City or participates within the City in making the sale of the
property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a
place of business of the retailer in the City or through any representative, agent, canvasser, solicitor,
subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of
the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of
Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities
Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the
Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or
licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any
transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a
transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the
sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
3-18.120 Amendments.
All amendments subsequent to the effective date of this chapter to Part 1 of Division 2 of the
Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6
and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7
of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this chapter,
provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this
chapter. The City Council may amend this chapter to comply with applicable law or as may be otherwise
necessary in order to further the chapter’s stated purposes.
However, as required by Article XIII C of the California Constitution, voter approval is required
for any amendment that would increase the rate of any tax levied pursuant to this Chapter. The people of
the City of Atascadero affirm that the following actions shall not constitute an increase of the rate of a
tax:
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A. The restoration of the rate of the tax to a rate that is no high er than that set by this
Chapter, if the City Council has acted to reduce the rate of the tax;
B. An action that interprets or clarifies the methodology of the tax, or any definition
applicable to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation
or clarification) is not inconsistent with the language of this Chapter; or
C. The collection of the tax imposed by this Chapter even if the City had, for some period of
time, failed to collect the tax.
3-18.130 Enjoining collection forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action
or proceeding in any court against the State or the City, or against any officer of the State or the City, to
prevent or enjoin the collection under this chapter, or Part 1.6 of Division 2 of the Revenue and Taxation
Code, of any tax or any amount of tax required to be collected.
3-18.140 Severability.
If any provision of this chapter or its application to any person or circumstance is determined by a court
of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall not
effect on any other provision of this chapter or the application of this chapter to any other person or
circumstance and, to that end, the provisions hereof are severable.
3-18.150 Effective date.
This chapter relates to the levying and collecting of the City transactions and use taxes and shall
take effect 10 days after the election results are declared by the City Council (CA Elections Code §9217).
The operative date (Section 2) will be the first day of the first calendar quarter commencing more than
110 days after the adoption of this ordinance, which will be April 1, 2021.
3-18.160 Termination and repeal.
The authority to levy a retail transaction and use tax shall be in effect until and unless repealed by
the voters of the City in the manner provided by law.
3-18.170 Independent annual financial audit.
The revenue and expenditures of this new transactions and use tax shall be included in the annual
audit of the City’s financial operations by an independent certified public accountant.
Page 52 of 70
ITEM NUMBER: C-1
DATE: 07/14/20
ATTACHMENT: 3
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS REGARDING CITY MEASURE AND
DIRECTING THE CITY ATTORNEY TO PREPARE
AN IMPARTIAL ANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of Atascadero,
California, on November 3, 2020, at which there will be submitted to the voters the following
measure:
BALLOT MEASURE #____
To provide funding for fire protection, paramedics, and 911
emergency response, police, crime prevention and investigations,
maintenance of parks, public facilities and infrastructure, graffiti
removal, and recreation, community services, and other general city
services in the City of Atascadero, shall an ordinance establishing a
one-cent sales tax be adopted, providing approximately 4.5 million
dollars annually for city services until ended by voters, with annual
independent audits and all money locally controlled?
Yes
No
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. That the City Council authorizes the following member(s) of the City
Council:
_________________________, Council Member In Favor
_________________________, Council Member In Favor
_________________________, Council Member In Favor
_________________________, Council Member In Favor
_________________________, Council Member In Favor
to file (a) written argument(s), not exceeding 300 words regarding the City measure as specified
above by printing name(s) and signature(s) of the author(s) submitting it, in accordance with
Article 4, Chapter 3, Division 9 of the Elections Code of the State of California . The arguments
may be changed or withdrawn until and including the date fixed by the City Clerk after which no
arguments for or against the City measure may be submitted to the City Clerk.
SECTION 2. That the City Council directs the City Clerk to transmit a cop y of the
measure to the City Attorney, unless the organization or salaries of the office of the City
Attorney are affected.
a. The City Attorney shall prepare an impartial analysis of the measure not
exceeding 500 words showing the effect of the measure on the existing law and the operation of
Page 53 of 70
ITEM NUMBER: C-1
DATE: 07/14/20
ATTACHMENT: 3
the measure. If the measure affects the organization or salaries of the office of the City Attorney,
the City Clerk shall prepare the impartial analysis.
b. The analysis shall include a statement indicating whether the measure was placed
on the ballot by a petition signed by the requisite number of voters or by the governing body of
the city.
c. In the event the entire text of the measure is not printed on the ballot, nor in the
voter information portion of the sample ballot, there shall be printed immediately below the
impartial analysis, in no less than 10-point type, the following: “The above statement is an
impartial analysis of Measure _____.”
d. The impartial analysis shall be filed by the date set by the City Clerk for the filing
of primary arguments.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th
day of _____, 2020.
On motion by Council Member ____________ and seconded by Council Member
_________________, the foregoing Resolution is hereby adopted on the following roll call 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 54 of 70
ITEM NUMBER: C-1
DATE: 07/14/20
ATTACHMENT: 4
DRAFT RESOLUTION C
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT
MUNICIPAL ELECTIONS
WHEREAS, § 9282 of the Elections Code of the State of California provides for written
arguments to be filed in favor of or against city measures not to exceed 300 words in length; and
WHEREAS, § 9285 of the Elections Code of the State of California authorizes the City
Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for
city measures submitted at municipal elections.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of
California, when the elections official has selected the arguments for and against the measure (not
exceeding 300 words each) which will be printed and distributed to the voters, the elections official
shall send a copy of an argument in favor of the measure to the authors of any argument against
the measure, and a copy of an argument against the measure to the authors of any argument in
favor of the measure immediately upon receiving the arguments.
The author or a majority of the authors of an argument relating to a city measure may
prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any
other person or persons to prepare, submit or sign the rebuttal argument.
A rebuttal argument may not be signed by more than five authors.
The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s)
and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the
name of the organization, and the printed name and signature of at least one of its principal officers,
not more than 10 days after the final date for filing direct arguments. The rebuttal arguments
shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument.
Rebuttal arguments shall be printed in the same manner as the direct arguments. Each
rebuttal argument shall immediately follow the direct argument, which it seeks to rebut.
SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments
for city measures are repealed.
SECTION 3. That the provisions of Section 1 shall apply at the next ensuing municipal
election and at each municipal election after that time.
Page 55 of 70
ITEM NUMBER: C-1
DATE: 07/14/20
ATTACHMENT: 4
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of _____, 2020.
On motion by Council Member _______________and seconded by Council Member
__________________, the foregoing Resolution is hereby adopted on the following roll call 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 56 of 70
ITEM NUMBER: C-2
DATE: 07/14/20
Atascadero City Council
Staff Report – Administrative Services
Consideration of Oversight Options for the Proposed
2020 Essential Services Transactions and
Use Tax Measure
RECOMMENDATION:
Council provide staff direction on how public engagement and accountability should be
implemented for the proposed Essential Services Sales Tax Measure Ordinance,
should it be passed by Atascadero voters in the General Election in November 2020.
DISCUSSION:
During the meeting of May 26, 2020, Council voted to have staff return with a proposal
for an ordinance to have a one-cent Sales Tax Measure added to the November 2020
ballot. At that meeting, Council discussed the desire to ensure both public engagement
and accountability if the Sales Tax Measure were passed. While a consensus was
reached at the meeting to not include an Oversight Committee in the Sales Tax
Ordinance itself, Council made it clear that ensuring the intent of oversight and
accountability is a priority, while eliminating the added level of bureaucracy that a formal
Oversight or Advisory Committee would bring. Council asked that staff return with
“recommendations on processes to formally engage the public and to develop a plan of
accountability”. If the City Council decides to move forward with the proposed Sales Tax
Measure, staff will need Council direction on how public engagement and accountability
of the Measure should be addressed, should it be passed by voters in November.
During their May 26th meeting, Council members discussed a good number of viable
options for community engagement that would allow Council and Staff to share
information and gather public input related to how funding received from the Sales Tax
Measure should be spent. These options include increased community outr each with
widespread publication through Social Media and other local publicity outlets, additional
Community Workshops, Study Sessions, Talk on the Block neighborhood meetings and
Finance Committee meetings, some of which could be dedicated specifically to a
discussion of the Sales Tax Measure. These meetings would be designed to engage
members of the community in order to gather public opinion and input on community
goals, to provide information to the public in a meaningful manner, and to provide
transparency that the City is appropriately spending the revenue generated from the
Sales Tax Measure. Rather than a formal Oversight or Advisory Committee, such
oversight from the community at large could provide better flexibility and will help to
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ITEM NUMBER: C-2
DATE: 07/14/20
ensure transparency and greater public participation. The Council also made it clear
that as part of that good stewardship, additional administrative costs should be
minimized. Council asked staff to bring back options in order to find the right balance
between accountability and cost.
In a sales tax measure like the one proposed, there are generally two phases of public
engagement and accountability. The first phase of public engagement/accountability
typically occurs directly after the Sales Tax Measure is passed and is directed at
determining where new funds from the Measure should be spent . The second phase is
more ongoing and continuous.
While there is always a need for public engagement and accountability in determining
where limited City funds are to be spent, there is also a focus on ensuring that the
public knows that the City is a good steward of the funds and what the funds were spent
on. The Feasibility Study that was presented to Council on March 24, 2020, by True
North Research, Inc. indicated that 76% of Atascadero voters surveyed were satisfied
with the City’s efforts to provide municipal services, and 60% responded positively
regarding the City’s fiscal management.
Phase 1 - Public Engagement and Community Priority Goals
The City’s process is purposely structured to continuously receive public input on where
funds are spent. Members of the public can speak at City Council meetings, reach out
to Councilmembers outside of the meeting setting, and talk with City staff.
In addition, there is an extensive formal public process that drives what will be included
in each of the budgets. The budget process begins with taking all of the input received
over the previous years and holding a two-day public Council Strategic Planning
meeting devoted to determining what the Council priorities (based on input received
from the community) will be for the upcoming two-year budget. That process is followed
by presentation and approval at a public City Council meeting of the staff’s action plan
to accomplish the Council’s priority goals. The budget is built around the action plan.
Staff then allocates funds in a manner to accomplish Council’s goals. Multiple public
Finance Committee meetings are held where each line item in the budget is discussed
in detail. After making any adjustments as directed by the Finance Committee, the draft
budget is presented for approval to Council at a public meeting. Each of the steps
above is publically advertised and public comments are highly encouraged.
In spite of the numerous opportunities for public input on where City funds are spent,
there has historically been very little public participation in the process. Staff believes
that a large part of the lack of public participation is because there just is not a lot of
“choice” left in the budget without making some very drastic changes such as reducing
the number of police officers, closing a fire station, shutting down a park or otherwise
reducing the critical services provided to the community, and also because many
community members are satisfied overall with City’s use of its limited resources . The
small amount of funds remaining after funding regular operations have historically gone
to repairing or replacing critical pieces of equipment such as heart monitors, fire hose ,
mowers and other equipment.
Page 58 of 70
ITEM NUMBER: C-2
DATE: 07/14/20
Although there is always opportunity to change and adjust where funds will be spent, it
is likely that at least some portion of the funds will go toward items that would be hard to
re-direct in the future. For example:
Rehabilitation of Fire Station #1: While the rehabilitation costs would be a one -
time expenditure of funds, it is likely that the City would not have enough funds
on hand to complete the rehabilitation and thus it would be necessary to finance
the project. Once the funds are committed to debt service, the Council could not
re-direct the funds until the debt is paid off.
Adding more police personnel: While Council can always reduce or change
staffing, once minimum staffing is increased to a level that moves us closer to state
and national police standards, it would be difficult to reduce it back down to current
staffing levels as the population continues to increase. Redirecting the funds to
another priority in the future would mean laying off the police personnel, which is
possible, but may prove difficult to do while maintaining community safety.
Increasing salaries: As reported in previous staff reports, wages and salaries for
police personnel are the lowest in the County. In order to recruit and ret ain the
compassionate and professional police personnel that is expected by the
community, the Council may want to consider increasing police wages with a
portion of the funds. Clawing back raises to re -direct the funds to another place
would be difficult.
This means that if the Sales Tax Measure is passed, the first year budget after
implementation will be the most critical in determining on which priorities the funds
should be spent. While it is anticipated that the passage of the Measure will produce
more “choice” funds for years to come, because some of the funds will be committed to
ongoing operations, it is important to consider how to increase public involvement in the
establishment of the 2021-2022 budget. (If passed in November, the sales tax would go
into effect April 1, 2021 and the City would receive its first installment of the sales tax in
June of 2021.) There are a couple of options for this phase of the Sales Tax Measure.
Citizen Committee: (administrative cost level: very high) A citizen committee
could be appointed to make recommendations for how the funds from the sales
tax measure are spent. While citizen input is extremely important, this option is
not recommended by staff. The Council is elected by the community and should
retain the right and responsibility for determining where all funds are spent.
Delegating that responsibility would add a layer between the voters and the
decision makers. This option would also entail a lot of staff time and effort to
bring the committee members’ understanding of the workings, needs and wants
of the City up to the level of the Councilmembers who meet with staff often and
receive constituent input on a daily basis.
New Public Process: (administrative cost level: moderate) A series of very well
advertised study sessions and surveys could be held to not only to hear the
public’s priorities, but to also build a common understanding of the current
budget, various needs and the implications of each decision. Input from those
study sessions would then be brought to the Council at a special Council meeting
intended to set priorities f or the expenditure of funds, and to provide staff with
Page 59 of 70
ITEM NUMBER: C-2
DATE: 07/14/20
general direction on what the Council would like to see accomplished. This
would then be followed with the standard process of public Finance Committee
meetings and a budget hearing at a City Council meeting
Expanded Current Process: (administrative cost level: moderate to low) The
current budget process could be expanded to seek out and receive public input
on the expenditure of the funds from the Sales Tax Measure. Anticipated Talk on
the Block meetings could be modified to build understanding of the City’s
finances and to receive input on priorities of the community. This input along
with other input received through other avenues would be brought to the regular
Council Strategic Planning session for Council to determine funding priorities.
The budget would then follow the normal budget process through a more
publicized Finance Committee and Council adoption.
For all of the above processes, the amount of press releases, notices and social media
posts would be increased in an attempt to get more people involved in the public
meetings. Informal community surveys and other instruments can also be a useful t ool
in the process and could be integrated into any of the above processes. Staff cautions,
however, not to rely too heavily on voluntary response surveys. Survey instruments
tend to be more one-dimensional communication. It is often more difficult to educate
the public on the menu of choices and consequences of choices using a survey
instrument. It is also more difficult to understand nuances and “whys”, losing the true
interest driving the request. Finally, historically and with other cities, one special
interest group can rally a significant number of people to respond to the survey
instrument, overwhelming the voices of those with more broad opinions. So while some
sort of community survey or other instrument could be done to increase public
participation, it should only be done in conjunction with other public outreach and
discussion. Council would want to consider the balance between the costs of the
survey with the input that is received.
In each of the processes suggested above, the Council m ust weigh all of the input it
receives to determine where the funds should be expended.
Phase 2 - Public Engagement and Accountability
The second phase of the desired public engagement and accountability for the sales tax
measure is demonstrating to the public that the funds were spent for the established
priorities. This is similar to the role that the Citizen’s Sales Tax Oversight Committee
(CSTOC) plays. The F-14 advisory measure showed that voters wanted any funds
received from the F-14 sales tax measure to be spent on local roads. CSTOC does not
choose the roads that will be rehabbed or maintained . Instead, the Committee meets
each year to look at each dollar coming in from the sales tax measure and where it was
spent, in order to verify that the funds are being spent in a manner consistent with
Council and community intent.
The CSTOC review and resultant annual road report that is mailed out to the community
provides a high level of accountability and assurance that funds are being spent, and
will continue to be spent, as intended. There will be additional challenges for a similar
Page 60 of 70
ITEM NUMBER: C-2
DATE: 07/14/20
report with this sales tax measure over the F-14 Sales Tax measure. The F-14 Sales
tax measure was passed to provide funds for roads projects. The projects have ver y
specific contracts and invoices associated with the F-14 work and thus are easily
tracked and kept separate from other expenditures.
The proposed Sales Tax Measure is needed to maintain existing service levels and will
be used for operational costs. While some costs can be easier to separate – such as
debt service on a fire station, others may prove more difficult – such as additional police
personnel, salary increases to be competitive, and other items without a specific invoice.
Similar to the difficulties encountered when depositing a check into your checking
account, stating exactly where the funds from that particular deposit are spent will be a
challenge. Were the funds from that check spent on groceries or was it your paycheck
that paid for groceries and that check was spent on gas? Perhaps you and your spouse
have a different opinion on where the grocery money came from or the gas money
came from. In the end you are in the exact some place monetarily, but what each dollar
from the pool of dollars was spent on is dependent on your perspective and opinion.
Council and staff are continuously looking for ways to make City business more
transparent and to continue to build public trust. In this case, more information might not
be the easy answer to transparency and public trust. Because the revenue from this
proposed sales tax measure would be used for essential services and operations, and
because (as detailed above) the allocation of the approved costs can be subject to
interpretation, there is a potential to lose credibility or trust amongst the community.
Allocating these ongoing costs will require a significant amount of subjective opinion on
the part of staff. Potentially, there could be two “right” answers as to whether or not an
expense would be included in the new revenue source. The opportunity for members of
the public to challenge staff’s decision on one or more of these expenses might erode
public trust and their confidence in the City’s sound fiscal management. Staff is very
reluctant to overpromise what can be delivered as far as “right and wrong” reporting
related to this new sales tax measure revenue source. It may be more subjective than
objective. Transparency, in this case, might mean pointing out to the community that
there’s no perfectly objective way to allocate these costs, and that maybe “more
detailed expense information” might not equate to the “best information”.
Separate accounting for these costs will take significant administrative staff
time/resources. Council will need to make clear how they want the expenditures
separated and set out very detailed policies on how the allocation to Sales Tax Measure
Funds and other funds should be calculated, and then understand that for many
expenses, there is not a clear def inition of what fits where.
While there are many members of the community that are interested in fiscal oversight,
the CSTOC has had some challenges since its inception in 2015. Although the
meetings are not a large time commitment (typically 2-3 meetings per year), it has been
difficult to find members of the community willing to serve on CSTOC. Unfortunately, in
addition to the amount of time spent in meetings reviewing records and discussing the
expenditures, there is also a great amount of time spent on fulfilling requirements for
various trainings (prevention of sexual harassment, etc) and paperwork (i.e., Form 700
Page 61 of 70
ITEM NUMBER: C-2
DATE: 07/14/20
Statement of Economic Interest). Similar challenges are anticipated for an oversight or
advisory committee established for this sales tax measure.
The Council has many options on how to engage the public and assure the public that
funds are being spent as on priorities:
Community Appointed Committee and Annual Report (administrative cost level:
very high to high): There are those in the community that are skeptical that the
City will spend the funds in the manner that has been stated by the City. Having
a committee of Council appointees review the City expenditures may not satisfy
these skeptics. As part of the F-14 sales tax ordinance, the following language
was put in place to set up the CSTOC.
Section 14. CITIZENS’ OVERSIGHT COMMITTEE. There shall be a permanent
citizens’ advisory committee called the “Citizens’ Oversight Committee”
(hereafter “Committee”) which shall annually review revenues and expenditures
from the collection of the tax. The committee shall have 9 members. Seven
members shall be appointed to the committee by individual Atascadero
community groups. Two members shall be appointed by the City Council.
Appointees shall be residents of the City; however, no member of the Committee
shall be an elected official.
The Council could set up a similar committee for the new Sales Tax Measure if it
passes or could choose to ask the existing CSTOC to review the new sale s tax
measure as well as the F-14 funds. The committee need not be part of the
ordinance passed by the voters, but could be done through a separate ordinance
or resolution. Setting up the committee as part of a separate Council action
would provide flexibility in the future to adjust if needed.
A report (subject to challenges previously stated) could be reviewed, approved,
produced and distributed similar to the Annual F-14 Roads Report that is mailed
to residents and businesses in town.
As with the CSTOC, the down side of a Community appointed committee is that it
is sometimes difficult to get community members willing to serve on the
committee.
A community appointed oversight committee and annual report would incur the
following costs:
o Cost to print and mail report: $4,500 annually
o Costs for advertising, noticing, and miscellaneous: $1,000 annually
o Staff time costs for:
Advertising, recruiting and “onboarding” committee members
including helping committee members to complete required training
and disclosures. (Est. 30-45 hrs. annually. This cost would be
eliminated for the first 5 years if the CSTOC were to review these
funds also.)
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ITEM NUMBER: C-2
DATE: 07/14/20
Accounting and allocations associated with breaking out costs to be
funded by the Sales Tax measure (dependent on activity 500-700
hours of staff time annually)
Preparation of agendas, staff reports, annual report and other
information in support of the committee and community. (50-70 hrs.
annually)
Council Appointed Committee and Annual Report (administrative cost level:
high): The City Council could appoint a committee similar to the Planning
Commission. The responsibility for filling the vacancies would then lie with the
individual Councilmembers and it is more likely that the positions will b e filled.
The downside of a Council appointed committee would be that some may
perceive this as Council “cronies” watching over the City and thus it does not
provide the same level of oversight as an “independent” committee.
The cost to administer a Council appointed committ ee and to issue and send the
report would be similar to a Community appointed committee.
Annual Report Only- Allocated Expenditures (administrative cost level: high):
The Council could decide that a separate committee is not needed, as the funds
and expenditures related to the Sales Tax Measure would be included in the
annual audit of the City. In that case, the same type of report could still be
produced by City staff and sent to the residents annually. This would save the
administrative costs related to a committee; however, the higher costs of
accounting for the expenditures separately, preparing the report and mailing the
report would still be incurred.
Finance Committee Meetings- Allocated Expenditures: (administrative cost level:
high) The Council could choose to forgo both a committee and an annual report,
and instead hold expanded public meetings to review the expenditure of the
Sales Tax Measure Funds (or this could be done at the City Council level). This
would still involve the significant staff time to track and separate costs, but the
costs to produce and mail the report, along with the costs associated with
establishing the committee would not be incurred.
Annual Report Only- Budgeted Expenditures (administrative cost level: low)
There is an option to do a lesser report that would not entail splitting payroll costs
and invoices, but instead would be done on a more general basis – similar to
budget projections. As Council approved the budget, they could identify which
budgeted amounts are to come from the Sales Tax Measure and which are to
come from other City general funds. This would save a considerable amount of
staff time in determining allocation methodology and tracking/splitting actual
expenditures. This would provide the public with a list of what was added to the
budget because of the Sales Tax Measure.
Public Input on Big Picture Priorities: (administrative cost level: low) The Council
could choose to focus on including the public in the budget process similar to
Phase 1, and not focus as much on separating out the costs to be funded with
the new Sales Tax Measure. Like the current budget process, this would change
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ITEM NUMBER: C-2
DATE: 07/14/20
the focus from which dollar is spent, to a global look at the budget taking in all
revenues and projected expenditures, and which priorities are being focused on .
In other words, the budget includes individual revenue amounts and individual
expenditure amounts, but when making budget expenditure decisions, Council
looks at total revenues available and projected c osts. There is no allocation that
property tax pays for this item (or portion of an item) and sales tax pays for that
item (or portion of an item). Increased public participation in ongoing budget
decisions will provide additional oversight and transpare ncy for all funding
sources.
Transparency is a hallmark of the City’s activities, and certainly line -level detail of
General Fund expenditures is available to all whom are interested. This big
picture approach, however, would bring the emphasis of the conversations to the
overall priorities and will help all of us to focus on where we are, how far we’ve
come, and what we have yet to accomplish.
Next Steps
Staff is looking for direction from Council on which type of transparency and
accountability measures they would like to see if a Sales Tax Measure is passed by the
voters in November. Based on the direction given to staff at tonight’s Council meeting,
staff will bring back an appropriate policy, resolution or ordinance that will formalize any
public engagement and accountability processes.
FISCAL IMPACT:
There is no fiscal impact to discussing and providing staff direction on different public
engagement and accountability processes. Based on the direction received from
Council, future Council actions adopting specific processes for public engagement and
accountability will have associated costs.
ALTERNATIVES:
Not Applicable.
Page 64 of 70
ITEM NUMBER: C-3
DATE: 07/14/20
Atascadero City Council
Staff Report – Public Works and Community Development
Departments
Downtown Street Tree Renewal Program
RECOMMENDATIONS:
Council:
1. Direct staff to initiate Phase 1 of the Downtown Street Tree Renewal Program.
2. Authorize the Director of Administrative Services to appropriate $75,000 in General
Fund Reserves to implement Phase 1 of the Downtown Street Tree Renewal
Program.
DISCUSSION:
Background
Street trees are a natural economic benefit to the business environment as they attract
people by providing shade, color, and architectural enhancement. Many of the remaining
street trees within the Downtown Commercial District are in a state of decline or are
varieties that conflict with sidewalk and street maintenance. Along Entrada Avenue, the
ornamental plum trees create a public nuisance when its fruit drops, leaving messy debris
on the sidewalk that remains stained for a large portion of the year. Many of the trees
along El Camino Real are in poor health and many have died or have been removed due
to safety concerns. Establishing and maintaining a healthy tree stock and canopy will
improve the quality aesthetics of the downtown and further leverage place-making in the
commercial areas to support long-term economic development.
Street trees, similar to sidewalks and other improvements located in the public way, are
the responsibility of adjacent property owners. The public area in the Downtown
Commercial District is typically fully improved with concrete sidewalk (between the curb
and building front) and street trees. Therefore, it is in the best interest of the City to initiate
a new program while coordinating with adjacent property owners and encouraging
investment in replacing and maintaining street trees in the public way.
Analysis
Existing Trees in the Downtown
The original street trees in downtown were planted many years ago and generally include
three varieties: Rayburn Ash trees along El Camino Real and Bradford Pear and
Page 65 of 70
ITEM NUMBER: C-3
DATE: 07/14/20
Ornamental Plum trees along on Entrada. A few other random species such as Crape
Myrtle and Arbutus Marina were planted elsewhere. Around 2002, with the development of
the Carlton Hotel and the use of Redevelopment funds for street enhancement projects,
new street trees were planted. At that time, the London Plane Sycamore started to be
utilized as a standard street tree due to its hardiness in our climate and root structure which
is less damaging to sidewalks, curbs, gutters, and roadway pavements. Since first being
introduced nearly 20 years ago, the London Plane Sycamore has become a preferred street
tree used on El Camino Real and other arterial roadways. London Plane Sycamores
currently exist on a good portion of Traffic Way between El Camino Real and Lewis Avenue.
The older Rayburn Ash trees in the downtown have begun to die and have gradually been
removed, leaving stumps and empty planters. Bradford ornamental pear trees and
ornamental plums are planted along Entrada in an alternating pattern. These trees
provide color and showy blossoms certain times of the year. However, current business
owners and the public have expressed concerns over the ornamental plum trees and the
fruits that drop, staining the sidewalk, creating a trip hazard, and causing ongoing
maintenance issues. The other trees along Entrada, such as the Ornamental and
Evergreen Pear trees, continue to perform well and are considered to be appropriate for
the downtown zone. Palma Avenue between West Mall and Traffic Way is principally
comprised of mature Pear trees, which appear to be in good condition.
Other roadway corridors in the Downtown Commercial District, including Lewis Avenue,
West Mall, East Mall, Olmeda Avenue, and Capistrano Avenue, have a variety of trees in
the boulevard primarily planted in the areas behind (outside of) the sidewalk. On West
and East Malls, very large legacy oak trees are present.
Currently, there are approximately twenty trees that should be removed and replaced in
the downtown in the near future. These include eight Ornamental Plum trees along
Entrada and at least eight Rayburn Ash trees along El Camino Real that should be
replaced with more appropriate tree varieties. There are also a total of eighteen vacant
tree planters in the downtown where trees were removed but never replaced, mostly
along El Camino Real (fourteen total) including four in front of the Police Station. Overall,
there are approximately 35 to 40 existing tree planter locations in the downtown that need
to be addressed in the near future. Furthermore, many of these locations have damaged
sidewalks adjacent to the tree planters that need repair or corrective action. Much of this
damage is caused by tree roots that crack sidewalk panels or displace sidewalk joints
creating potential tripping hazards to pedestrians. Several locations ha ve curb and gutter
sections that are heaved and no longer allow positive drainage to occur.
The new La Plaza Development project includes removing and replacing existing
sidewalks and trees along its entire frontage. The replacement trees in front of the La
Plaza Development project are currently planned to be London Plane Sycamores.
Street Tree Renewal in the Downtown
Where should this occur?
The current status of downtown street trees presents an opportunity to increase
streetscape aesthetics, address potential safety issues, and create place -making in the
highly visible commercial node. While all streets in the Downtown District require varying
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ITEM NUMBER: C-3
DATE: 07/14/20
degrees of tree renewal, staff recommends prioritizing the initial street tree renewal effort
on the following Downtown District roadway sections:
El Camino Real from SR 41 to Rosario Avenue
Entrada Avenue from El Camino Real to Lewis Avenue
Traffic Way from US 101 to Lewis Avenue
Palma Avenue from West Mall to Traffic Way
The above road segments generally have street trees within sidewalk areas near the
roadway curb. The Street Tree Renewal Program will address potential and future safety
issues due to their immediate proximity to pedestrian s and parked vehicles, but also
increase streetscape aesthetics and “curb appeal”.
How and when should this occur?
City staff is proposing to initiate the first phase of the tree program immediately by removing
dead or problem trees, repairing any substantial sidewalk safety issues, and installing a
temporary surface onto the tree planter areas to level the planter with the sidewalk. To
accomplish this, dead and dying trees and stumps will need to be removed and excavated
by City staff or contractors. In some locations, damaged sidewalks may require
replacement or joint repairs in order to address displaced joints and tripping hazards. At
this time, staff is working on an ideal surface treatment for the tree planters that is easy to
maintain, affordable, and safe for pedestrians. Options include a layer of decomposed
granite, or the installation of a flexible porous paving system, or both. The cost of this
preparatory work to planting a new tree will vary considerably from location to location
primarily due to the condition of existing sidewalk. Preliminary cost estimates range from
a small amount of staff time to an estimated $5,000 for each tree renewal location.
Who will plant new trees?
Staff is recommending that the City work with adjacent property and business owners to
accomplish the street tree replanting in downtown. Non-profit, families, and other
businesses could be asked to sponsor a street tree planting and a plaque could be
installed next to the tree recognizing their contribution. The City has had success with its
memorial tree program and its memorial bench program. Sponsors would be required to
cover the costs for a new tree, soil preparation, root barrier, tree stakes, and deep
watering pipes. Trees would be planted in accordance of City Engineering Standards
which include specific varieties, a root barrier, and the installation of deep watering pipes
that allow for hand watering of trees until they are established.
Who will maintain street trees?
Maintenance of trees that are adjacent to private properties are currently the responsibility
of the abutting property owner adjacent to each tree. This responsibility will not change
with the new program. Property owners (or their tenants) will need to water, trim,
maintain, and care for any tree that is directly adjacent to their property. All maintenance
will need to be done in accordance with City Engineering Standards. City staff will
continue to work with property owners and tenants to help guide the maintenance of street
trees and look for the best solutions. It is proposed that pruning and trimming activities
be performed by City staff or qualified tree contractors for the first five years after tree
planting to ensure proper development of branch structure.
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ITEM NUMBER: C-3
DATE: 07/14/20
What variety of trees are suitable for Downtown Atascadero?
Staff has worked with local arborists and landscape professionals to develop a list of trees
that thrive in Atascadero’s climate, are deep rooted to minimize impacts to adjacent
infrastructure, and speak to Atascadero’s history and character. Street tree planting
needs to be done to accommodate scenarios such as accessibility, sidewalk
maintenance, and infrastructure such as utilities, street furniture, and other obstacles.
Street Tree Selection Guidelines
Staff is developing a new “Downtown Street Tree Selection Guidelines” for use of staff
and the public that will include a list of species for each street in the downtown and can
be used as a street tree guide for the City and local business owners. In addition to tree
varieties, the guidelines will specify tree size at planting, along with specific planting and
irrigation standards. The area intended to be covered by the guide includes the downtown
core along Entrada Avenue, Traffic Way, Palma Avenue, Lewis Avenue, and El Camino
Real from Rosario to Highway 41. Each of these streets have varying pavement widths,
different sidewalk standards, different scales, and unique development patterns. Street
tree options should be chosen based on the unique characteristics of each street . It
should be noted that this guide does not cover East and West Mall that are considered
part of the Sunken Gardens replanting plan.
Wider streets and larger scale buildings are best suited for larger-sized trees, whereas
smaller streets with smaller buildings, such as Entrada, are better suited to medium -sized
trees. Small trees are suited for use in medians and as accents at corners or intersections.
The appropriate choice of street trees can be used to create design themes that can help
create desirable spaces, foster a sense of place, promote effective tree maintenance, and
can help promote economic development.
The tree chart included in the draft guidelines has three categories: large trees, medium
trees, and small accent trees. The chart will outline the ideal location and use for each
tree category. The aim in categorizing tree species in this manner is to inform which
species are appropriate for various situations. Identified species include:
Large Trees (for locations along El Camino Real and portions of Traffic Way)
London Plane Sycamore (Deciduous)
Tulip Tree
Medium Trees (For locations along Entrada or other side streets)
Chinese Pistache (Deciduous)
Flowering Pear/Ornamental Pear (Deciduous)
Small Accent Trees (for corners, accents, or small planters)
Redbud (Deciduous)
Arbutus Marina (evergreen) (Strawberry tree)
Crepe Myrtle (Deciduous)
While numerous species are included on the street tree list as an option, staff recognizes
that specific species may be identified for certain areas of the City to provide a unique
identity and sense of place, and be appropriate for the region.
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ITEM NUMBER: C-3
DATE: 07/14/20
On El Camino Real, larger trees such as the London Plane Sycamore and Tulip tree can
be pruned to maintain the canopy above the line of building signage and can thrive
adjacent to buildings and within smaller sidewalk planters. On Entrada, medium sized
trees such as the Chinese Pistache and Ornamental Pear are appropriate and provide
seasonal color and/or blossoms, elevating a unique character for the street . It is
recommended that the Ornamental Plum be replaced by the Chinese Pistache, which will
provide a greater canopy spread and cost effective maintenance. The Chinese Pistache
have excellent fall color and do not drop fruit. Smaller accent trees are also identified for
inclusion at corner locations and medians. Three trees are identified: the Redbud, the
Crepe Myrtle, and the Strawberry Tree.
Traffic Way can be characterized by a mixture or large and medium trees such as London
Plane Sycamore, Ornamental Pear, and Chinese Pistache. It is important to note that
consistent tree species and patterns create rhythm and a sense of identity, which is
important for economic development throughout the downtown. London plane trees have
been planted as part of redevelopment efforts and with the revitalization of the Carlton
Hotel. Staff is recommending that this remain the predominant tree but that more
decorative trees such as the Chinese Pistache or Flowering Pear be used as accent trees
where appropriate.
Planting trees in the public sidewalk
Currently, the downtown standard for the installation of street trees is a component of the
City Engineering Standards. The standards call for a 4-foot wide tree planter in the sidewalk
with a metal planting grate. The standards include a permanent irrigation line for each
planter. Staff is currently evaluating alternative planting options that reduce maintenance,
reduce sidewalk damage, and are more cost effective. One such option is to increase the
size of the planting area, adding a root barrier around each tree, and installing simple PVC
pipes that extend down to the root base of each tree that allow each tree to be hand watered
from the surface. Additionally, the planter would not have a metal grate but instead would
have a pervious surface such as decomposed granite or a poured-in-place porous
pavement material. Smaller metal tree grates or concrete collars can be restrictive to tree
growth, have caused a trip hazard and are an expensive material. Additionally, the smaller
size of the tree planter and lack of a root barrier has resulted in some sidewalk damage
due to root intrusion. Deep watering, a root barrier, and a slightly larger planter can all work
together to reduce the chance of surface roots damaging the sidewalk.
The City Engineer is in the process of evaluating options prior to recommending a change
to the Engineering Standards. It is anticipated that two general planting standards will be
employed and evaluated as part of this Program: a tree grate option and a flush porous
surface option.
Public Outreach
Staff has met with downtown business owners on several occasions to discuss the status
of the trees and hear the concerns of both property and business owners. Staff continues
to hear concerns about the staining of the sidewalks and the condition of s treet trees
along Entrada. On June 16, 2020, staff held an additional virtual meeting with the
downtown property and business owners to inform them of the City’s tentative plans and
the opportunity for the City and property owners to work together on helping to renew our
street trees.
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ITEM NUMBER: C-3
DATE: 07/14/20
Next Steps
Staff is proposing to initiate Phase 1 of the Downtown Street Tree Renewal Program by
removing problem trees, repairing significant sidewalk hazards, and preparatory work for
approximately 35 to 40 existing tree locations on the above listed street sections. In
conjunction with this effort, staff will continue to inform property and business owners of
options for planting new street trees and maintenance responsibilities. New trees will be
planted in locations adjacent to City property (e.g., Police Station) and possibly other high -
priority locations as part of Phase 1. Staff will research best design options for the tree
planting standards, including tree well opening size, installation methods, and surfacing
options. Staff can provide periodic updates to Council as the Program progresses.
A future Phase 2 will be brought to the Council and will include specific Engineering
Standards, review of the staff adopted Downtown Street Tree Selection Guidelines, and
a program for re-planting opportunities.
FISCAL IMPACT:
A preliminary cost estimate to implement Phase 1 of the Downtown Street Tree Renewal
Program is in the range of $60,000 to $75,000. This scope includes removing
approximately twenty trees, removing stumps and pre-planting work for approximately
thirty-eight existing tree locations, replacing and repairing concrete sidewalk, and planting
trees adjacent to City properties. The majority of these costs are associated with sidewalk
repairs and corrections. There will be Staff time required to manage and oversee the
Program, as well as outreach to the Downtown property and business owners. All
installation of new street trees, and ongoing maintenance costs are proposed to be
covered by downtown property and business owners or other civic groups. Grants may
be available for tree replacement through the Re-Leaf program and other urban
reforestation grants.
ALTERNATIVES:
The Council may refer the item back to staff for additional information. The Council should
clearly state what information/analysis is being requested.
ATTACHMENTS:
None.
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