HomeMy WebLinkAboutCC_2020_12_08_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, the City
Council Meeting will not be physically open to the public and City Council
Members will be teleconferencing into the meeting.
HOW TO OBSERVE THE MEETING:
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 repeat daily on Channel 20 at 1:00 am, 9:00 am, and
6:00 pm and will be available through the City’s website or by visiting
https://attendee.gotowebinar.com/rt/8539114475191636236.
HOW TO SUBMIT PUBLIC COMMENT:
Members of the public are highly encouraged to call 805-538-2888 to listen and
provide public comment via phone, or submit written public comments 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 us e 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 156
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, December 8, 2020
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
CITY COUNCIL CLOSED SESSION:
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Legal Counsel – Existing Litigation
Government Code Sec. 54956.9 (d)(1)
Name of Case: City of Atascadero v. Darin A. Vandeventer;
San Luis Obispo Superior Court Case No. 20CV-0046
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
ADJOURNMENT
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Bourbeau
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 156
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.
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 – November 24, 2020
Recommendation: Council approve the November 24, 2020 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. City Council 2021 Meeting Schedule
Fiscal Impact: None.
Recommendation: Council approve the City Council meeting schedule for
2021. [City Manager]
3. Reciting the Fact of the November 3, 2020 General Municipal Election
Fiscal Impact: None.
Recommendation: Council adopt the Draft Resolution, reciting the fact of the
General Municipal Election held on November 3, 2020, declaring the result
and such other matters as provided by law. [City Clerk]
4. Adoption of Public Transit Agency Safety Plan for Atascadero Transit
Fiscal Impact: The City of Atascadero benefits from Federal 5307 capital and
operating assistance funding. Federal funds could be withheld from
Atascadero Transit should the City fail to submit a PTASP.
Recommendation: Council approve and adopt the Atascadero Public Transit
Agency Safety Plan. [Public Works]
5. Approve Final Map for Tract 3161 (South Mirasol Way)
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution approving the Final Map for
Tract 3161. [Public Works]
6. Essential Services Transactions and Use Tax Con tracting with the State of
California
Fiscal Impact: The sales tax measure will generate an estimated $4.5 million in
additional annual revenue. Staff anticipates costs to the State to be between
$10,000-40,000 for the Preparatory Fee and on-going administrative costs will be
0.57% of the revenue received from the tax increase. HdL will charge a $200
monthly fee for the review and analysis services that will be paid from the General
Fund, and 25% of the initial amount of new transactions or use tax revenue
received by the City as a result of audit and recovery work performed by HdL.
Page 3 of 156
Recommendations: Council:
1. Adopt Draft Resolution A authorizing the City Manager to execute
agreements with the California Department of Tax and Fee Administration
for implementation of a local transactions and use tax.
2. Adopt Draft Resolution B authorizing representatives of the City of
Atascadero to examine confidential transactions and use tax records of the
California Department of Tax and Fee Administratio n (CDTFA) pertaining
to transactions and use taxes collected by the CDTFA for the City of
Atascadero.
3. Authorize the City Manager to enter into a contract with Hinderliter, De
Llamas and Associates for transactions tax audit and information services
related to the Measure D-20 Sales Tax Revenue. [City Manager]
B. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their own
activities. The following represent standing committees. Informative status reports will
be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Economic Vitality Corporation, Board of Directors (EVC)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Bourbeau
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member Fonzi
1. Air Pollution Control District
2. Atascadero Basin Ground Water Sustainability Agency (GSA)
3. City of Atascadero Design Review Committee
4. SLO Local Agency Formation Commission (LAFCo)
Council Member Funk
1. City of Atascadero Finance Committee
2. Homeless Services Oversight Council
3. League of California Cities – Council Liaison
Council Member Newsom
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City / Schools Committee
3. City of Atascadero Design Review Committee
4. Visit SLO CAL Advisory Committee
Page 4 of 156
OATHS OF OFFICE:
1. Administration of Oaths of Office
Swearing in of Mayor Heather Moreno and Council Members Charles
Bourbeau and Mark Dariz
PRESENTATIONS:
1. Recognition of outgoing City Council Member Roberta Fonzi
CITY COUNCIL REORGANIZATION:
1. Council Appointment of Mayor Pro Tem
Accept nominations from the Council Members and appoint a Mayor Pro Tem
for a two-year term ending December 2023.
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.)
C. PUBLIC HEARINGS:
1. Tentative Parcel Map 2930, 2945 Ramona Road (SBDV 20-0047)
Fiscal Impact: Approval of the map creating one additional residential unit will
have a slight negative fiscal impact on the City.
Recommendation: Council adopt Draft Resolution approving Tentative Parcel
Map AT 20-0013, including an abandonment of a portion of Ramona Road right-
of-way and dedication of new right-of-way, based on findings and conditions of
approval. [Community Development]
2. 2021 Community Development Block Grant Draft Recommendations
Fiscal Impact: Approval of Atascadero’s total 2021 CDBG allocation would
result in the estimated revenue and expenditure of $144,792 of CDBG funds.
Recommendation: Council develop and adopt draft recommendations for the
2021 Community Development Block Grant (CDBG) funds. [Public Works]
Page 5 of 156
D. MANAGEMENT REPORTS:
1. Confirm the Appointment of Police Chief
Fiscal Impact: The Police Chief’s monthly salary of $13,466.96, at Step E, is
included in the Police Department budget for fiscal year 2020-2021.
Recommendation: Council concur and confirm the appointment of Robert
(Bob) Masterson as Atascadero’s new Police Chief. [City Manager]
2. Council Policy Discussion Drive-Through Businesses, Fuel Stations and
Other High Traffic Producing Uses
Fiscal Impact: Discussion of the current Drive-Through Businesses, Fuel
Station, and Other High Traffic Producing Uses Policy has no direct fiscal
impact; however, any future action by the Council to amend the Policy may
have a significant effect on City revenues.
Recommendation: Council reaffirm the “Drive-Through Businesses, Fuel Station,
and Other High Traffic Producing Uses Policy” to guide use permit applications
and traffic impact fees to ensure orderly development in the City.[Community
Development]
3. Draft Response to Grand Jury Report “Joint Agency Dispatch – Better
Together?”
Fiscal Impact: None.
Recommendation: Council approve the Draft Response to the Grand Jury Report
Form and authorize the City Manager to execute the document on the City
Council’s behalf. [City Manager]
E. 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
F. COMMITTEE REPORTS: (The newly elected Mayor will assign Council Members to
standing committees.)
G. 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
ADJOURN
Please note: Should anyone challenge any proposed development entitlement listed on thi s 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 6 of 156
ITEM NUMBER: A-1
DATE: 12/08/20
Atascadero City Council
November 24, 2020
Page 1 of 5
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, November 24, 2020
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:00 p.m. and Council Member Fonzi led the
Pledge of Allegiance.
ROLL CALL:
Present: By Teleconference - Council Members Fonzi, Funk, and Newsom,
Mayor Pro Tem Bourbeau, and Mayor Moreno
Absent: None
Others Present: None
Staff Present: By Teleconference – City Manager Rachelle Rickard, Interim Police
Chief Bob Molle, Fire Chief Casey Bryson, Administrative Services
Director Jeri Rangel, Public Works Director Nick DeBar, Community
Development Director Phil Dunsmore, City Attorney Brian Pierik,
Deputy City Manager/City Clerk Lara Christensen, and IT Manager
Luke Knight
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
City Council Regular Session: 6:00 P.M.
Page 7 of 156
ITEM NUMBER: A-1
DATE: 12/08/20
Atascadero City Council
November 24, 2020
Page 2 of 5
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 – November 10, 2020
Recommendation: Council approve the November 10, 2020 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. October 2020 Accounts Payable and Payroll
Fiscal Impact: $2,764,004.52
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for October 2020. [Administrative Services]
3. Conflict of Interest Code - Biennial Review
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution, updating and amending the
Conflict of Interest Code for the City of Atascadero. [City Clerk]
4. Amendment to the San Luis Obispo Regional Transit Authority Joint Powers
Agreement
Fiscal Impact: None.
Recommendation: Council approve Draft Resolution authorizing execution of
the amended and restated Joint Powers Agreement for the San Luis Obispo
Regional Transit Authority allowing consolidation of South County Transit into
the San Luis Obispo Regional Transit Authority. [City Manager]
MOTION: By Council Member Newsom and seconded by Council Member Funk
to approve the Consent Calendar. (#A-3: Resolution No. 2020-
080)(#A-4: Resolution No. 2020-081)
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 by telephone during Community Forum: None.
Emails from the following citizens were read into the record by Deputy City Manager/City
Clerk Christensen: Mitch Paskin
B. PUBLIC HEARINGS: None.
Page 8 of 156
ITEM NUMBER: A-1
DATE: 12/08/20
Atascadero City Council
November 24, 2020
Page 3 of 5
C. MANAGEMENT REPORTS:
1. Discussion of Proposed Pickleball Courts at Colony Park
Fiscal Impact: None.
Recommendation: Council provide feedback and staff direction regarding the
proposed Pickleball Courts at Colony Park.[Public Works]
Public Works Director DeBar gave the presentation and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke by telephone on this item: Colleen Avery, Barbara Sims, and
Edmund Temple
Emails from the following citizens were read into the record by Deputy City Manager/City
Clerk Christensen: John Goers
Mayor Moreno closed the Public Comment period.
There was Council consensus for the City to contribute $150,000
towards the construction of the Pickleball Courts with the potential
for additional monies to be appropriated dependent on the soils
report and the thickness of concrete required.
Mayor Moreno recessed the Meeting at 7:47 p.m.
Mayor Moreno reconvened the Meeting at 7:57 p.m. with all present.
2. Cannabis Regulations Update Discussion (CPP 2020-0011)
Fiscal Impact: None.
Recommendation: Council direct staff to conduct further analyses on commercial
cannabis uses and/or draft ordinance language to amend Title 9-Chapter 15 of
the Zoning Regulations to allow for limited commercial cannabis uses.
[Community Development]
Community Development Director Dunsmore gave the presentation and answered questions
from the Council.
PUBLIC COMMENT:
The following citizens spoke by telephone on this item: None.
Mayor Moreno closed the Public Comment period.
MOTION: By Mayor Pro Tem Bourbeau and seconded by Mayor Moreno to
direct staff to return at a future date with information providing the
necessary guidance for the operation of non-store front cannabis
delivery businesses in the City.
Motion passed 5:0 by a roll-call vote.
Page 9 of 156
ITEM NUMBER: A-1
DATE: 12/08/20
Atascadero City Council
November 24, 2020
Page 4 of 5
3. CDBG Traffic Way Sidewalk Accessibility and Pedestrian Ramp Project
Construction Award
Fiscal Impact: $386,296.00
Recommendations: Council:
1. Reject the bid protest of JJ Fisher Construction, Inc. and award the contract
for the construction of the CDBG Traffic Way Sidewalk Accessibility and
Pedestrian Ramp Project to G. Sosa Construction, Inc.
2. Authorize the City Manager to execute a contract with G. Sosa
Construction, Inc. for $286,385 to construct the CDBG Traffic Way
Sidewalk Accessibility and Pedestrian Ramp Project. [Public Works]
Public Works Director DeBar gave the presentation and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke by telephone on this item: None.
Deputy City Manager/City Clerk Christensen noted that an email had been received by David
Geffen, and at his request, would not be read into the record but forwarded to the City
Council and made a part of the Minutes.
Mayor Moreno closed the Public Comment period.
MOTION: By Council Member Funk and seconded by Council Member Newsom to:
1. Reject the bid protest of JJ Fisher Construction, Inc. and award
Contract No. 2020-015 for the construction of the CDBG Traffic
Way Sidewalk Accessibility and Pedestrian Ramp Project to G.
Sosa Construction, Inc.
2. Authorize the City Manager to execute Contract No. 2020-015
with G. Sosa Construction, Inc. for $286,385 to construct the
CDBG Traffic Way Sidewalk Accessibility and Pedestrian Ramp
Project.
3. Approve the request by R. Burke Corporation to withdraw their
bid proposal.
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
City Manager Rickard and Mayor Moreno provided updates on Coronavirus (COVID-19) and
answered questions from the Council.
Page 10 of 156
ITEM NUMBER: A-1
DATE: 12/08/20
Atascadero City Council
November 24, 2020
Page 5 of 5
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)
Mayor Pro Tem Bourbeau
1. Integrated Waste Management Authority (IWMA)
Council Member Funk
1. Homeless Services Oversight Council
Council Member Newsom
1. City of Atascadero Design Review 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
Mayor Pro Tem Bourbeau requested that discussion on non -owner occupied short-term
rentals come before the Council for discussion. Given the current priorities of the Council,
and the limited staff resources, there was not consensus for staff to return to the Council
with an item for discussion at this time.
G. ADJOURN
Mayor Moreno adjourned the meeting at 9:48 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager/City Clerk
The following exhibit is available for review in the City Clerk’s office:
Exhibit A – Email form David Geffen
APPROVED:
Page 11 of 156
ITEM NUMBER: A-2
DATE: 12/08/20
Atascadero City Council
Staff Report – City Manager’s Office
City Council 2021 Meeting Schedule
RECOMMENDATION:
Council approve the City Council meeting schedule for 2021.
DISCUSSION:
The City Council, pursuant to Chapter 2, Section 1.01 of the Atascadero Municipal Code,
meets the second and fourth Tuesday of each month. On occasion, the Council will hold
special study sessions and/or joint meetings with one or both of the Commissions on a
fifth Tuesday. Generally, in the summer months, the Council meets once a month and
avoids conflicts with major holidays. Staff has prepared the attached schedule for the year
2021 to help in the coordination of these meetings with personal schedules.
FISCAL IMPACT:
None.
ATTACHMENT:
City Council 2021 Meeting Schedule
Page 12 of 156
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
12/08/20
1
City of Atascadero
Office of the City Clerk
Atascadero City Council 2021 Meeting Schedule
MEETING DATE TYPE OF MEETING
January 12
January 26
Regular
Regular
February 9
February 23
Regular
Regular
March 9
March 23
Regular
Regular
April 13
April 27
Regular
Regular
May 11
May 25
Regular
Regular
June 8
June 22
Regular
Regular
July 13
Regular
August 10
Regular
September 14
September 28
Regular
Regular
October 12
October 26
Regular
Regular
November 9
November 23
Regular
Regular
December 14
Regular
Meetings are held at 6:00 p.m.
6500 Palma Avenue, Atascadero, CA 93422
(805) 470-3400
Page 13 of 156
ITEM NUMBER: A-3
DATE: 12/08/20
Atascadero City Council
Staff Report - City Clerk
Reciting the Fact of the
November 3, 2020 General Municipal Election
RECOMMENDATION:
Council adopt the Draft Resolution, reciting the fact of the General Municipal Election held
on November 3, 2020, declaring the result and such other matters as provided by law.
DISCUSSION:
The General Municipal Election was held on November 3, 2020. California Elections
Code §10262 states that the City Council shall meet to declare the result s of the election
upon certification of results by the County Election Department. The California Elections
Code §10262 & 10264 also states that the Council shall adopt a resolution reciting the
fact of the election, including a statement of the results.
Total voter registration for the City of Atascadero was 20,206, which is 1,541 more than
the total voter registration for the year 2018. For the City of Atascadero 17,881 registered
voters (88.5%) voted in the November 3, 2020 election.
Atascadero voters were asked to vote for a Mayor, two Council Members and Ballot
Measure D-20. The final official results are attached to this report.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Final Official Results
2. Draft Resolution
Page 14 of 156
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 1
City of Atascadero
Office of the City Clerk
FINAL - ELECTION RESULTS
(11/25/2020)
NAME VOTES % of VOTES
ATASCADERO MAYOR
Mayor – Two Year Term
Heather Moreno 7,347 43.63%
Jerry Tanimoto 5,555 32.98%
Josh Donovan 3,939 23.39%
ATASCADERO CITY COUNCIL
City Council - Four Year Term – 2 seats
Charles Bourbeau 6,862 27.71%
Mark Dariz 6,170 24.91%
Tori Keen 5,578 22.52%
Nicholas Mattson 4,604 18.59%
Bret Heinemann 1,553 6.27%
BALLOT MEASURE #D-20 – Sales Tax Measure
Yes 9,843 58.60%
No 6,955 41.40%
THIS IS THE FINAL TOTAL COUNT.
SAN LUIS OBISPO COUNTY CLERK-RECORDER
CERTIFIED THE RESULTS ON DECEMBER 1, 2020, AND
THE NEW OFFICIALS WILL BE SWORN IN AT
THE CITY COUNCIL MEETING ON DECEMBER 8, 2020.
Page 15 of 156
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO, CALIFORNIA,
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD ON NOVEMBER 3, 2020, DECLARING THE RESULT
AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of
Atascadero, California, on Tuesday, November 3, 2020, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by
law; that voting precincts were properly established; that election officers were appointed and that
in all respects the election was held and conducted and the votes were cast, received and canvassed
and the returns made and declared in time, form and manner as required by the provisions of the
Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the County Election Department canvassed the returns of the election and
has certified the results to this City Council, the results are received, attached and made a part
hereof as “Exhibit A.”
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. That the whole number of ballots cast in the precincts except vote by mail
voter ballots and provisional ballots was 1,036.
That the whole number of vote by mail voter ballots cast in the City was 16,845, making a
total of 17,881 ballots cast in the City.
SECTION 2. That the names of persons voted for at the election for Mayor are as follows:
Jerry Tanimoto, Heather Moreno, and Josh Donovan
That the names of the persons voted for at the election for Member of the City Council are
as follows:
Charles Bourbeau, Bret Heinemann, Nicholas Mattson, Mark Dariz, and Tori Keen
Page 16 of 156
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2
That the measures voted upon at the election are as follows:
BALLOT MEASURE #D-20
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 ensuring money is spe nt properly, and all money
locally controlled?
Yes
No
SECTION 3. That the number of votes given at each precinct and the number of votes
given in the City to each of the persons above named for the respective offices for which the
persons were candidates and for and against the measures are as listed in Exhibit “A” attached.
SECTION 4. The City Council does declare and determine that: Heather Moreno was
elected as Mayor for the full term of two years; Charles Bourbeau was elected as Member of the
City Council for the full term of four years; and Mark Dariz was elected as Member of the City
Council for the full term of four years.
That as a result of the election, a majority of the voters voting on Measure #D-20 relating
to an increased sales tax did vote in favor of it, and that the measure was carried, and shall be
deemed adopted and ratified.
SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a
statement of the result of the election, showing: (1) The whole number of ballots cast in the City;
(2) The names of the persons voted for; (3) The measures voted upon; (4) For what office each person
was voted for; (5) The number of votes given at each precinct to each person, and for and against
each measure; (6) The total number of votes given to each person, and for and against each measure.
SECTION 6. That the City Clerk shall immediately make and deliver to each of the
persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the
City Clerk shall also administer to each person elected the Oath of Office prescribed in the
Constitution of the State of California and shall have them subscribe to it and file it in the office
of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective
office to which they have been elected.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
Page 17 of 156
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2
PASSED AND ADOPTED at a regular meeting of the City Council held on the 8th day
of December, 2020.
On Motion by Council Member _______________and seconded by Council
Member_______________, the foregoing Resolution was adopted 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 18 of 156
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 19 of 156
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 20 of 156
Candidate Polling Vote by Mail Total
JOSEPH R. BIDEN /
KAMALA D. HARRIS (DEM) 3,914 84,396 88,310 55.29%
DONALD J. TRUMP /
MICHAEL R. PENCE (REP) 5,557 61,879 67,436 42.22%
JO JORGENSEN / JEREMY
"SPIKE" COHEN (LIB) 149 2,259 2,408 1.51%
HOWIE HAWKINS / ANGELA
NICOLE WALKER (GRN) 50 744 794 0.50%
ROQUE "ROCKY" DE LA
FUENTE GUERRA / KANYE
OMARI WEST (AI)
40 415 455 0.28%
GLORIA LA RIVA / SUNIL
FREEMAN (PF) 13 265 278 0.17%
Write-in 2 31 33 0.02%
Total Votes 9,725 149,989 159,714
Polling Vote by Mail Total
BRIAN CARROLL / AMAR
PATEL
WRITE-IN 2 20 22 0.01%
MARK CHARLES / ADRIAN
WALLACE
WRITE-IN 0 7 7 0.00%
JESSE VENTURA / CYNTHIA
MCKINNEY
WRITE-IN 0 3 3 0.00%
JOSEPH KISHORE / NORISSA
SANTA CRUZ
WRITE-IN 0 1 1 0.00%
BROCK PIERCE / KARLA
BALLARD
WRITE-IN 0 0 0 0.00%
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 131 2,681 2,812
Overvotes 18 71 89
Precincts Reported: 112 of 112 (100.00%)
United States President and Vice President (Vote for 1)
Precincts Reported: 112 of 112 (100.00%)
Voters Cast: 162,615 of 184,050 (88.35%)
Summary for: All Contests, All Districts, All Tabulators, All Counting Groups
ELECTION SUMMARY REPORT
NOVEMBER 3, 2020 CONSOLIDATED PRESIDENTIAL GENERAL ELECTION
COUNTY OF SAN LUIS OBISPO
FINAL OFFICIAL ELECTION RESULTS
11/25/2020 10:43:29 AMPage: 1 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 21 of 156
Candidate Polling Vote by Mail Total
SALUD CARBAJAL 3,648 80,960 84,608 53.62%
ANDY CALDWELL 5,654 67,518 73,172 46.38%
Total Votes 9,302 148,478 157,780
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 572 4,254 4,826
Overvotes 0 9 9
Precincts Reported: 112 of 112 (100.00%)
United States Representative, 24th District (Vote for 1)
Candidate Polling Vote by Mail Total
JOHN LAIRD 3,576 77,425 81,001 52.49%
VICKI NOHRDEN 5,454 67,873 73,327 47.51%
Total Votes 9,030 145,298 154,328
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 843 7,427 8,270
Overvotes 1 16 17
Precincts Reported: 112 of 112 (100.00%)
State Senator, 17th District (Vote for 1)
Candidate Polling Vote by Mail Total
JORDAN CUNNINGHAM 5,997 79,533 85,530 54.70%
DAWN ADDIS 3,301 67,529 70,830 45.30%
Total Votes 9,298 147,062 156,360
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 576 5,670 6,246
Overvotes 0 9 9
Precincts Reported: 111 of 111 (100.00%)
Member of the State Assembly, 35th District (Vote for 1)
11/25/2020 10:43:29 AMPage: 2 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 22 of 156
Candidate Polling Vote by Mail Total
STEVE BENNETT 0 0 0 N/A
CHARLES W. COLE 0 0 0 N/A
Total Votes 0 0 0
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 0 0 0 / 0 N/A
Undervotes 0 0 0
Overvotes 0 0 0
Precincts Reported: 1 of 1 (100.00%)
Member of the State Assembly, 37th District (Vote for 1)
Candidate Polling Vote by Mail Total
MICHELLE DE WERD 0 2 2 66.67%
JIM RICHARDSON 0 1 1 33.33%
ROBERTA E. HETER 0 0 0 0.00%
Write-in 0 0 0 0.00%
Total Votes 0 3 3
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 0 3 3 / 4 75.00%
Undervotes 0 0 0
Overvotes 0 0 0
Precincts Reported: 2 of 2 (100.00%)
Santa Barbara County Board Of Education GOVERNING BOARD MEMBER,
TRUSTEE AREA NO. 4 (Vote for 1)
Candidate Polling Vote by Mail Total
SUZANNE LEVY 0 2 2 100.00%
KERI LYNN COMMON 0 0 0 0.00%
Write-in 0 0 0 0.00%
Total Votes 0 2 2
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 0 3 3 / 4 75.00%
Undervotes 0 1 1
Overvotes 0 0 0
Precincts Reported: 2 of 2 (100.00%)
Allan Hancock Joint Community College District GOVERNING BOARD
MEMBER, TRUSTEE AREA NO 2 (Vote for 1)
11/25/2020 10:43:29 AMPage: 3 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 23 of 156
Candidate Polling Vote by Mail Total
MARY T. STROBRIDGE 677 14,872 15,549 64.83%
BRIAN KENNELLY 770 7,666 8,436 35.17%
Write-in 0 0 0 0.00%
Total Votes 1,447 22,538 23,985
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 2,020 30,066 32,086 / 36,412 88.12%
Undervotes 573 7,525 8,098
Overvotes 0 3 3
Precincts Reported: 28 of 28 (100.00%)
San Luis Obispo County Community College District GOVERNING BOARD
MEMBER, TRUSTEE AREA NO. 5 (Vote for 1)
Candidate Polling Vote by Mail Total
MARY KAY MILLS 489 9,678 10,167 26.47%
TERRI E. SWITZER 473 9,506 9,979 25.98%
CORINNE C. KUHNLE 413 9,116 9,529 24.81%
VY PIERCE 467 8,271 8,738 22.75%
Write-in 0 0 0 0.00%
Total Votes 1,842 36,571 38,413
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 1,236 21,463 22,699 / 25,639 88.53%
Undervotes 1,866 27,803 29,669
Overvotes 0 15 15
Precincts Reported: 17 of 17 (100.00%)
Atascadero Unified School District GOVERNING BOARD MEMBER (Vote for
3)
11/25/2020 10:43:29 AMPage: 4 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 24 of 156
Candidate Polling Vote by Mail Total
DORIAN K. BAKER 467 9,016 9,483 13.09%
CHRIS BAUSCH 424 8,653 9,077 12.53%
JIM REED 479 8,302 8,781 12.12%
NATHAN WILLIAMS 506 6,331 6,837 9.44%
JIM COGAN 376 6,312 6,688 9.23%
GREG S. GOODMAN 295 5,654 5,949 8.21%
FRANK TRIGGS 269 5,121 5,390 7.44%
LAURA PARKER 294 4,523 4,817 6.65%
CAITLIN J. VIERRA 220 4,363 4,583 6.33%
JOAN SUMMERS 149 3,968 4,117 5.68%
RUBEN CANALES, JR. 263 3,796 4,059 5.60%
LEONARD WASHINGTON 127 2,516 2,643 3.65%
Write-in 0 0 0 0.00%
Total Votes 3,869 68,555 72,424
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 1,694 24,531 26,225 / 30,357 86.39%
Undervotes 2,875 29,373 32,248
Overvotes 32 196 228
Precincts Reported: 17 of 17 (100.00%)
Paso Robles Joint Unified School District GOVERNING BOARD MEMBER
(Vote for 4)
Candidate Polling Vote by Mail Total
KATHRYN EISENDRATH
ROGERS 973 24,129 25,102 42.26%
EVE DOBLER-DREW 1,265 17,847 19,112 32.18%
WALT MILLAR 797 14,381 15,178 25.56%
Write-in 0 0 0 0.00%
Total Votes 3,035 56,357 59,392
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 3,040 47,869 50,909 / 56,867 89.52%
Undervotes 3,045 39,365 42,410
Overvotes 0 16 16
Precincts Reported: 31 of 31 (100.00%)
San Luis Coastal Unified School District GOVERNING BOARD MEMBER,
TRUSTEE AREA NO. 1 (Vote for 2)
11/25/2020 10:43:29 AMPage: 5 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 25 of 156
Candidate Polling Vote by Mail Total
CONSTANTINO VICTOR
DELGADO 97 1,108 1,205 39.87%
MICHAEL J. SANDERS 83 967 1,050 34.75%
LILY HUYNH 41 726 767 25.38%
Write-in 0 0 0 0.00%
Total Votes 221 2,801 3,022
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 255 2,724 2,979 / 3,521 84.61%
Undervotes 289 2,645 2,934
Overvotes 0 2 2
Precincts Reported: 2 of 2 (100.00%)
San Miguel Joint Union School District GOVERNING BOARD MEMBER (Vote
for 2)
Candidate Polling Vote by Mail Total
FLINT SPEER 14 254 268 53.92%
AMY RUSSELL 9 220 229 46.08%
Write-in 0 0 0 0.00%
Total Votes 23 474 497
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 33 558 591 / 732 80.74%
Undervotes 10 84 94
Overvotes 0 0 0
Precincts Reported: 3 of 3 (100.00%)
Shandon Joint Unified School District GOVERNING BOARD MEMBER,
TRUSTEE AREA NO. 2 (Vote for 1)
11/25/2020 10:43:29 AMPage: 6 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 26 of 156
Candidate Polling Vote by Mail Total
NELSON YAMAGATA 133 2,886 3,019 22.16%
TED DUBOST 117 2,645 2,762 20.27%
MENDI SWAN 132 2,451 2,583 18.96%
MATT ALLISON 110 1,533 1,643 12.06%
PETER ROMWALL 73 1,436 1,509 11.08%
JAY L. RAFTERY 69 1,085 1,154 8.47%
NAGLA ORLANDO 49 905 954 7.00%
Write-in 0 0 0 0.00%
Total Votes 683 12,941 13,624
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 425 6,763 7,188 / 8,031 89.50%
Undervotes 589 7,339 7,928
Overvotes 3 9 12
Precincts Reported: 8 of 8 (100.00%)
Templeton Unified School District GOVERNING BOARD MEMBER (Vote for 3)
Candidate Polling Vote by Mail Total
DAVID E. BASKETT 0 0 0 N/A
ANGIE MARIE BOLDEN 0 0 0 N/A
AMY LOPEZ 0 0 0 N/A
JACK C. GARVIN 0 0 0 N/A
JENNIFER MELENA 0 0 0 N/A
GABRIEL AMARO MORALES 0 0 0 N/A
Write-in 0 0 0 N/A
Total Votes 0 0 0
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 0 0 0 / 0 N/A
Undervotes 0 0 0
Overvotes 0 0 0
Precincts Reported: 1 of 1 (100.00%)
Santa Maria Joint Union High School District GOVERNING BOARD MEMBER
(Vote for 2)
11/25/2020 10:43:29 AMPage: 7 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 27 of 156
Candidate Polling Vote by Mail Total
HEATHER L. MORENO 443 6,904 7,347 43.63%
JERRY TANIMOTO 245 5,310 5,555 32.98%
JOSH DONOVAN 254 3,685 3,939 23.39%
Write-in 0 0 0 0.00%
Total Votes 942 15,899 16,841
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 1,036 16,845 17,881 / 20,206 88.49%
Undervotes 93 942 1,035
Overvotes 1 4 5
Precincts Reported: 10 of 10 (100.00%)
City Of Atascadero MAYOR (Vote for 1)
Candidate Polling Vote by Mail Total
CHARLES BOURBEAU 293 6,569 6,862 27.71%
MARK DARIZ 322 5,848 6,170 24.91%
TORI KEEN 264 5,314 5,578 22.52%
NICHOLAS MATTSON 256 4,348 4,604 18.59%
BRET HEINEMANN 127 1,426 1,553 6.27%
Write-in 0 0 0 0.00%
Total Votes 1,262 23,505 24,767
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 1,036 16,845 17,881 / 20,206 88.49%
Undervotes 800 10,065 10,865
Overvotes 10 120 130
Precincts Reported: 10 of 10 (100.00%)
City Of Atascadero COUNCILMEMBER (Vote for 2)
11/25/2020 10:43:29 AMPage: 8 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 28 of 156
Candidate Polling Vote by Mail Total
JEFF LEE 268 4,061 4,329 69.80%
ELIZABETH DOUKAS 152 1,721 1,873 30.20%
Write-in 0 0 0 0.00%
Total Votes 420 5,782 6,202
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 504 6,436 6,940 / 8,130 85.36%
Undervotes 84 651 735
Overvotes 0 3 3
Precincts Reported: 3 of 3 (100.00%)
City Of Grover Beach MAYOR (Vote for 1)
Candidate Polling Vote by Mail Total
KAREN BRIGHT 143 2,796 2,939 29.87%
ANNA MILLER 139 2,108 2,247 22.84%
WILL BRUCE 129 1,625 1,754 17.83%
DANIEL RUSHING 65 1,407 1,472 14.96%
JOSEPH HOLMES 125 1,302 1,427 14.50%
Write-in 0 0 0 0.00%
Total Votes 601 9,238 9,839
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 504 6,436 6,940 / 8,130 85.36%
Undervotes 405 3,606 4,011
Overvotes 2 28 30
Precincts Reported: 3 of 3 (100.00%)
City of Grover Beach COUNCILMEMBER (Vote for 2)
11/25/2020 10:43:29 AMPage: 9 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 29 of 156
Candidate Polling Vote by Mail Total
ROBERT ROBERT 140 1,802 1,942 34.47%
DAVID R. DURINGER 151 1,738 1,889 33.53%
FRED BUENROSTRO, JR. 81 1,683 1,764 31.31%
Write-in 2 37 39 0.69%
Total Votes 374 5,260 5,634
Polling Vote by Mail Total
KARA RAMIREZ WRITE-IN 2 37 39 0.69%
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 504 6,436 6,940 / 8,130 85.36%
Undervotes 126 1,141 1,267
Overvotes 4 35 39
Precincts Reported: 3 of 3 (100.00%)
City of Grover Beach COUNCILMEMBER, 2 Year Short Term (Vote for 1)
Candidate Polling Vote by Mail Total
JOHN HEADDING 160 3,316 3,476 50.83%
JOHN R. WEISS 219 3,143 3,362 49.17%
Write-in 0 0 0 0.00%
Total Votes 379 6,459 6,838
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 431 6,967 7,398 / 8,174 90.51%
Undervotes 52 508 560
Overvotes 0 0 0
Precincts Reported: 4 of 4 (100.00%)
City Of Morro Bay MAYOR (Vote for 1)
11/25/2020 10:43:29 AMPage: 10 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 30 of 156
Candidate Polling Vote by Mail Total
ROBERT "RED" DAVIS 148 3,049 3,197 27.57%
LAUREL BARTON 127 2,973 3,100 26.74%
BETTY WINHOLTZ 151 2,549 2,700 23.29%
RICHARD E.T. SADOWSKI 167 2,430 2,597 22.40%
Write-in 0 0 0 0.00%
Total Votes 593 11,001 11,594
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 431 6,967 7,398 / 8,174 90.51%
Undervotes 269 2,929 3,198
Overvotes 0 4 4
Precincts Reported: 4 of 4 (100.00%)
City Of Morro Bay COUNCILMEMBER (Vote for 2)
Candidate Polling Vote by Mail Total
STEVE GREGORY 142 2,500 2,642 100.00%
Write-in 0 0 0 0.00%
Total Votes 142 2,500 2,642
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 252 3,892 4,144 / 4,765 86.97%
Undervotes 110 1,392 1,502
Overvotes 0 0 0
Precincts Reported: 3 of 3 (100.00%)
City Of El Paso De Robles COUNCILMEMBER - District 3 (Vote for 1)
Candidate Polling Vote by Mail Total
FRED STRONG 140 1,558 1,698 61.61%
JACOB ALLRED 94 964 1,058 38.39%
Write-in 0 0 0 0.00%
Total Votes 234 2,522 2,756
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 285 3,028 3,313 / 3,944 84.00%
Undervotes 51 505 556
Overvotes 0 1 1
Precincts Reported: 1 of 1 (100.00%)
City of El Paso de Robles COUNCILMEMBER - District 4 (Vote for 1)
11/25/2020 10:43:29 AMPage: 11 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 31 of 156
Candidate Polling Vote by Mail Total
RYAN CORNELL 660 9,668 10,328 100.00%
Write-in 0 0 0 0.00%
Total Votes 660 9,668 10,328
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 1,052 14,686 15,738 / 18,373 85.66%
Undervotes 392 5,018 5,410
Overvotes 0 0 0
Precincts Reported: 8 of 8 (100.00%)
City Of El Paso De Robles CITY TREASURER (Vote for 1)
Candidate Polling Vote by Mail Total
ED WAAGE 161 3,031 3,192 59.67%
DAN SHADWELL 99 2,058 2,157 40.33%
Write-in 0 0 0 0.00%
Total Votes 260 5,089 5,349
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 325 5,565 5,890 / 6,475 90.97%
Undervotes 64 476 540
Overvotes 1 0 1
Precincts Reported: 3 of 3 (100.00%)
City Of Pismo Beach MAYOR (Vote for 1)
Candidate Polling Vote by Mail Total
SCOTT A. NEWTON 169 2,990 3,159 35.48%
MARCIA GUTHRIE 57 2,032 2,089 23.46%
ERIK HOWELL 94 1,954 2,048 23.00%
DEBORA ANN LOSSING 65 835 900 10.11%
JAMES ROBERT PRICHARD 33 674 707 7.94%
Write-in 0 0 0 0.00%
Total Votes 418 8,485 8,903
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 325 5,565 5,890 / 6,475 90.97%
Undervotes 230 2,621 2,851
Overvotes 2 24 26
Precincts Reported: 3 of 3 (100.00%)
City Of Pismo Beach COUNCILMEMBER (Vote for 2)
11/25/2020 10:43:29 AMPage: 12 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 32 of 156
Candidate Polling Vote by Mail Total
HEIDI HARMON 648 12,710 13,358 52.34%
CHERISSE SWEENEY 660 8,057 8,717 34.15%
SANDRA MARSHALL-
EMINGER 157 2,838 2,995 11.73%
DONALD E. HEDRICK 63 391 454 1.78%
Write-in 0 0 0 0.00%
Total Votes 1,528 23,996 25,524
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 1,757 25,523 27,280 / 30,597 89.16%
Undervotes 228 1,517 1,745
Overvotes 1 10 11
Precincts Reported: 12 of 12 (100.00%)
City Of San Luis Obispo MAYOR (Vote for 1)
Candidate Polling Vote by Mail Total
ANDREA "ANDY" PEASE 306 9,764 10,070 23.41%
JAN HOWELL MARX 348 7,990 8,338 19.39%
ABRIANNA TORRES 552 7,279 7,831 18.21%
JAMES PAPP 243 4,717 4,960 11.53%
KELLY EVANS 239 4,488 4,727 10.99%
ROBIN WOLF 199 2,425 2,624 6.10%
ERIK LONG 197 2,338 2,535 5.89%
JEFFERY SPECHT 195 1,731 1,926 4.48%
Write-in 0 0 0 0.00%
Total Votes 2,279 40,732 43,011
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 1,757 25,523 27,280 / 30,597 89.16%
Undervotes 1,229 10,194 11,423
Overvotes 6 120 126
Precincts Reported: 12 of 12 (100.00%)
City Of San Luis Obispo COUNCILMEMBER (Vote for 2)
11/25/2020 10:43:29 AMPage: 13 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 33 of 156
Candidate Polling Vote by Mail Total
JIM BLECHA 1,621 31,415 33,036 26.69%
ROBERT S. VESSELY 848 26,208 27,056 21.86%
BILL BARROW 1,613 21,924 23,537 19.01%
DAVE FRIESEN 900 15,481 16,381 13.23%
GARY MAIER 817 12,636 13,453 10.87%
SCOTT R. LATHROP 622 9,708 10,330 8.34%
Write-in 0 0 0 0.00%
Total Votes 6,421 117,372 123,793
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 4,634 70,309 74,943 / 84,837 88.34%
Undervotes 7,472 93,486 100,958
Overvotes 9 69 78
Precincts Reported: 42 of 42 (100.00%)
Port San Luis Harbor District COMMISSIONER (Vote for 3)
Candidate Polling Vote by Mail Total
HARRY FARMER 146 2,383 2,529 30.02%
KAREN A. DEAN 119 2,179 2,298 27.28%
TOM GRAY 116 1,785 1,901 22.56%
DAVID PIERSON 104 1,593 1,697 20.14%
Write-in 0 0 0 0.00%
Total Votes 485 7,940 8,425
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 278 3,880 4,158 / 4,498 92.44%
Undervotes 349 3,700 4,049
Overvotes 0 0 0
Precincts Reported: 2 of 2 (100.00%)
Cambria Community Services District DIRECTOR (Vote for 3)
11/25/2020 10:43:29 AMPage: 14 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 34 of 156
Candidate Polling Vote by Mail Total
ALLEN DUCKWORTH 21 415 436 30.40%
KEVIN MCCAMY 20 380 400 27.89%
SCOTT SIMONS 19 378 397 27.68%
JAMES SCOTT DURIAN 16 185 201 14.02%
Write-in 0 0 0 0.00%
Total Votes 76 1,358 1,434
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 34 654 688 / 766 89.82%
Undervotes 26 598 624
Overvotes 0 6 6
Precincts Reported: 1 of 1 (100.00%)
Ground Squirrel Hollow Community Services District DIRECTOR (Vote for 3)
Candidate Polling Vote by Mail Total
RICHARD EUGENE
MALVAROSE 248 2,976 3,224 37.37%
BOB BLAIR 164 2,819 2,983 34.58%
PHILIP HENRY III 127 2,293 2,420 28.05%
Write-in 0 0 0 0.00%
Total Votes 539 8,088 8,627
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 507 6,808 7,315 / 8,578 85.28%
Undervotes 475 5,528 6,003
Overvotes 0 0 0
Precincts Reported: 5 of 5 (100.00%)
Nipomo Community Services District DIRECTOR (Vote for 2)
11/25/2020 10:43:29 AMPage: 15 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 35 of 156
Candidate Polling Vote by Mail Total
LINDA M. AUSTIN 111 1,330 1,441 22.47%
SHIRLEY D. GIBSON 89 1,022 1,111 17.32%
CYNTHIA REPLOGLE 46 998 1,044 16.28%
REO CORDES 72 876 948 14.78%
APRIL DURY 92 845 937 14.61%
BARNEY G. FOSTER 68 865 933 14.55%
Write-in 0 0 0 0.00%
Total Votes 478 5,936 6,414
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 315 3,013 3,328 / 4,159 80.02%
Undervotes 464 3,100 3,564
Overvotes 3 3 6
Precincts Reported: 2 of 2 (100.00%)
Oceano Community Services District DIRECTOR (Vote for 3)
Candidate Polling Vote by Mail Total
PAMELA JARDINI 149 2,387 2,536 31.75%
NAVID FARDANESH 139 2,328 2,467 30.88%
DEBRA J. LOGAN 121 1,994 2,115 26.48%
DIANNA VONDERHEIDE 57 813 870 10.89%
Write-in 0 0 0 0.00%
Total Votes 466 7,522 7,988
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 311 4,291 4,602 / 5,119 89.90%
Undervotes 467 5,351 5,818
Overvotes 0 0 0
Precincts Reported: 2 of 2 (100.00%)
Templeton Community Services District DIRECTOR (Vote for 3)
11/25/2020 10:43:29 AMPage: 16 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 36 of 156
Candidate Polling Vote by Mail Total
CESILIA ANN LOMELI 180 2,715 2,895 47.08%
CECILIA MONTALVO 81 1,584 1,665 27.08%
KRISTI A. JENKINS 113 1,476 1,589 25.84%
Write-in 0 0 0 0.00%
Total Votes 374 5,775 6,149
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 311 4,297 4,608 / 5,006 92.05%
Undervotes 246 2,817 3,063
Overvotes 2 2 4
Precincts Reported: 3 of 3 (100.00%)
Cambria Community Healthcare District DIRECTOR (Vote for 2)
Candidate Polling Vote by Mail Total
HANNAH MILLER 58 1,070 1,128 43.75%
ROBERT B. ENNS 52 1,003 1,055 40.92%
"J.P." JOHN PAUL DRAYER 35 360 395 15.32%
Write-in 0 0 0 0.00%
Total Votes 145 2,433 2,578
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 113 1,749 1,862 / 2,057 90.52%
Undervotes 81 1,065 1,146
Overvotes 0 0 0
Precincts Reported: 1 of 1 (100.00%)
Cayucos Sanitary District DIRECTOR (Vote for 2)
Candidate Polling Vote by Mail Total
NO 5,246 81,202 86,448 56.18%
YES 3,829 63,613 67,442 43.82%
Total Votes 9,075 144,815 153,890
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 799 7,906 8,705
Overvotes 0 20 20
Precincts Reported: 112 of 112 (100.00%)
PROPOSITION 14 AUTHORIZES BONDS CONTINUING STEM CELL
RESEARCH (Vote for 1)
11/25/2020 10:43:29 AMPage: 17 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 37 of 156
Candidate Polling Vote by Mail Total
NO 5,968 90,576 96,544 61.45%
YES 3,307 57,250 60,557 38.55%
Total Votes 9,275 147,826 157,101
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 599 4,881 5,480
Overvotes 0 34 34
Precincts Reported: 112 of 112 (100.00%)
PROPOSITION 15 INCREASES FUNDING FOR SCHOOLS, COMMUNITY
COLLEGES, AND LOCAL GOVERNMENT (Vote for 1)
Candidate Polling Vote by Mail Total
NO 6,735 97,082 103,817 67.29%
YES 2,358 48,116 50,474 32.71%
Total Votes 9,093 145,198 154,291
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 781 7,520 8,301
Overvotes 0 23 23
Precincts Reported: 112 of 112 (100.00%)
PROPOSITION 16 ALLOWS DIVERSITY AS A FACTOR IN PUBLIC
EMPLOYMENT, EDUCATION, AND CONTRACTING DECISIONS (Vote for 1)
Candidate Polling Vote by Mail Total
YES 4,466 74,093 78,559 50.12%
NO 4,793 73,383 78,176 49.88%
Total Votes 9,259 147,476 156,735
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 613 5,256 5,869
Overvotes 2 9 11
Precincts Reported: 112 of 112 (100.00%)
PROPOSITION 17 RESTORES RIGHT TO VOTE AFTER COMPLETION OF
PRISON TERM (Vote for 1)
11/25/2020 10:43:29 AMPage: 18 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 38 of 156
Candidate Polling Vote by Mail Total
NO 6,351 94,405 100,756 63.99%
YES 2,944 53,746 56,690 36.01%
Total Votes 9,295 148,151 157,446
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 579 4,580 5,159
Overvotes 0 10 10
Precincts Reported: 112 of 112 (100.00%)
PROPOSITION 18 PERMIT 17-YEAR-OLDS TO VOTE IN PRIMARY AND
SPECIAL ELECTIONS (Vote for 1)
Candidate Polling Vote by Mail Total
NO 5,166 80,691 85,857 56.25%
YES 3,728 63,042 66,770 43.75%
Total Votes 8,894 143,733 152,627
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 978 8,972 9,950
Overvotes 2 36 38
Precincts Reported: 112 of 112 (100.00%)
PROPOSITION 19 CHANGES CERTAIN PROPERTY TAX RULES (Vote for 1)
Candidate Polling Vote by Mail Total
NO 4,986 83,636 88,622 58.47%
YES 3,895 59,050 62,945 41.53%
Total Votes 8,881 142,686 151,567
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 989 10,003 10,992
Overvotes 4 52 56
Precincts Reported: 112 of 112 (100.00%)
PROPOSITION 20 RESTRICTS PAROLE FOR CERTAIN OFFENSES,
AUTHORIZES FELONY SENTENCES FOR CERTAIN OFFENSES
(Vote for 1)
11/25/2020 10:43:29 AMPage: 19 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 39 of 156
Candidate Polling Vote by Mail Total
NO 6,134 97,213 103,347 67.53%
YES 2,857 46,826 49,683 32.47%
Total Votes 8,991 144,039 153,030
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 881 8,675 9,556
Overvotes 2 27 29
Precincts Reported: 112 of 112 (100.00%)
PROPOSITION 21 EXPANDS LOCAL GOVERNMENTS' AUTHORITY TO ENACT
RENT CONTROL ON RESIDENTIAL PROPERTY (Vote for 1)
Candidate Polling Vote by Mail Total
YES 5,785 90,912 96,697 62.74%
NO 3,305 54,112 57,417 37.26%
Total Votes 9,090 145,024 154,114
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 782 7,677 8,459
Overvotes 2 40 42
Precincts Reported: 112 of 112 (100.00%)
PROPOSITION 22 EXEMPTS APP-BASED TRANSPORTATION AND DELIVERY
COMPANIES (Vote for 1)
Candidate Polling Vote by Mail Total
NO 5,877 101,921 107,798 70.44%
YES 3,051 42,189 45,240 29.56%
Total Votes 8,928 144,110 153,038
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 945 8,597 9,542
Overvotes 1 34 35
Precincts Reported: 112 of 112 (100.00%)
PROPOSITION 23 ESTABLISHES STATE REQUIREMENTS FOR KIDNEY
DIALYSIS CLINICS (Vote for 1)
11/25/2020 10:43:29 AMPage: 20 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 40 of 156
Candidate Polling Vote by Mail Total
NO 4,367 75,963 80,330 52.89%
YES 4,523 67,034 71,557 47.11%
Total Votes 8,890 142,997 151,887
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 982 9,718 10,700
Overvotes 2 26 28
Precincts Reported: 112 of 112 (100.00%)
PROPOSITION 24 AMENDS CONSUMER PRIVACY LAWS (Vote for 1)
Candidate Polling Vote by Mail Total
NO 5,791 86,331 92,122 61.05%
YES 3,012 55,773 58,785 38.95%
Total Votes 8,803 142,104 150,907
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 9,874 152,741 162,615 / 184,050 88.35%
Undervotes 1,069 10,613 11,682
Overvotes 2 24 26
Precincts Reported: 112 of 112 (100.00%)
PROPOSITION 25 REFERENDUM ON LAW THAT REPLACED MONEY BAIL
WITH SYSTEM (Vote for 1)
Candidate Polling Vote by Mail Total
YES 203 4,147 4,350 80.82%
NO 72 960 1,032 19.18%
Total Votes 275 5,107 5,382
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 325 5,565 5,890 / 6,475 90.97%
Undervotes 50 458 508
Overvotes 0 0 0
Precincts Reported: 3 of 3 (100.00%)
MEASURE B-20 Pismo Beach Transient Occupancy Tax
(50 percent+1) (Vote for 1)
11/25/2020 10:43:29 AMPage: 21 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 41 of 156
Candidate Polling Vote by Mail Total
BONDS - YES 648 10,769 11,417 54.40%
BONDS - NO 476 9,096 9,572 45.60%
Total Votes 1,124 19,865 20,989
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 1,236 21,463 22,699 / 25,639 88.53%
Undervotes 112 1,595 1,707
Overvotes 0 3 3
Precincts Reported: 17 of 17 (100.00%)
MEASURE C-20 Atascadero USD School Bond Measure
(55 percent) (Vote for 1)
Candidate Polling Vote by Mail Total
YES 613 9,230 9,843 58.60%
NO 348 6,607 6,955 41.40%
Total Votes 961 15,837 16,798
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 1,036 16,845 17,881 / 20,206 88.49%
Undervotes 75 1,004 1,079
Overvotes 0 4 4
Precincts Reported: 10 of 10 (100.00%)
MEASURE D-20 Atascadero Sales Tax Measure
(50 percent+1) (Vote for 1)
Candidate Polling Vote by Mail Total
YES 212 3,901 4,113 58.55%
NO 190 2,722 2,912 41.45%
Total Votes 402 6,623 7,025
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 431 6,967 7,398 / 8,174 90.51%
Undervotes 29 344 373
Overvotes 0 0 0
Precincts Reported: 4 of 4 (100.00%)
MEASURE E-20 Morro Bay Sales Tax Measure
(50 percent+1) (Vote for 1)
11/25/2020 10:43:29 AMPage: 22 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 42 of 156
Candidate Polling Vote by Mail Total
YES 233 3,114 3,347 52.68%
NO 211 2,795 3,006 47.32%
Total Votes 444 5,909 6,353
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 504 6,436 6,940 / 8,130 85.36%
Undervotes 60 527 587
Overvotes 0 0 0
Precincts Reported: 3 of 3 (100.00%)
MEASURE F-20 Grover Beach Sales Tax Measure
(50 percent+1) (Vote for 1)
Candidate Polling Vote by Mail Total
YES 890 13,623 14,513 58.23%
NO 586 9,824 10,410 41.77%
Total Votes 1,476 23,447 24,923
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 1,757 25,523 27,280 / 30,597 89.16%
Undervotes 281 2,069 2,350
Overvotes 0 7 7
Precincts Reported: 12 of 12 (100.00%)
MEASURE G-20 San Luis Obispo Sales Tax Measure
(50 percent+1) (Vote for 1)
Candidate Polling Vote by Mail Total
BONDS - YES 19 332 351 62.57%
BONDS - NO 8 202 210 37.43%
Total Votes 27 534 561
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 33 558 591 / 732 80.74%
Undervotes 6 24 30
Overvotes 0 0 0
Precincts Reported: 3 of 3 (100.00%)
MEASURE H-20 Shandon JUSD School Bond Measure
(55 percent) (Vote for 1)
11/25/2020 10:43:29 AMPage: 23 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 43 of 156
Candidate Polling Vote by Mail Total
BONDS - YES 116 1,344 1,460 55.18%
BONDS - NO 95 1,091 1,186 44.82%
Total Votes 211 2,435 2,646
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 255 2,724 2,979 / 3,521 84.61%
Undervotes 44 288 332
Overvotes 0 1 1
Precincts Reported: 2 of 2 (100.00%)
MEASURE I-20 San Miguel JUSD School Bond Measure
(55 percent) (Vote for 1)
Candidate Polling Vote by Mail Total
YES 571 7,839 8,410 56.56%
NO 374 6,085 6,459 43.44%
Total Votes 945 13,924 14,869
Polling Vote by Mail Total
Unresolved Write-In 0 0 0
Polling Vote by Mail Total
Times Cast 1,052 14,686 15,738 / 18,373 85.66%
Undervotes 107 760 867
Overvotes 0 2 2
Precincts Reported: 8 of 8 (100.00%)
MEASURE J-20 Paso Robles Sales Tax Measure
(50 percent+1) (Vote for 1)
11/25/2020 10:43:29 AMPage: 24 of 24
ITEM NUMBER: A-3
DATE: 12/08/20
ATTACHMENT: 2A
Page 44 of 156
ITEM NUMBER: A-4
DATE: 12/08/20
Atascadero City Council
Staff Report – Public Works Department
Adoption of Public Transit Agency Safety Plan for Atascadero Transit
RECOMMENDATION:
Council approve and adopt the Atascadero Public Transit Agency Safety Plan.
DISCUSSION:
In 2018, the Federal Transit Administration (FTA) published the Public Transportation
Agency Safety Plan (PTASP) Rule, requiring public transportation providers to develop a
documented safety plan with an integrated Safety Management System (SMS). This
requirement applies to Atascadero Transit and all transit operators receiving Federal 5307
funding.
Every Atascadero Transit employee and contractors shall comply with the provisions of
the Agency Safety Plan (ASP) and shall take an active role in the identification and
reporting of hazards.
The intent of the SMS is to reduce accidents by making safety everyone’s responsibility,
empowering employees to play a role in safety, and encouraging employees and
contractors to report safety concerns to senior management. The SMS has been
developed to ensure that public transit agencies have a strategic decision -making
process to proactively identify, prioritize, and control emerging safety risks before those
risks become critical system failures. The SMS is based on four components, Safety
Management Policy, Safety Risk Management, Safety Assurance, and Safety Promotion,
that continuously work together to support a safe, reliable transportation system.
1. Safety Management Policy establishes senior management’s commitment to
continually improve safety.
2. Safety Risk Management (SRM) involves identifying, evaluating, and developing a
means to eliminate, mitigate, or accept hazards. Since not all hazards can be
eliminated given resources at hand, the goal with SRM is to mitigate hazards to a
level as low as reasonably practicable.
3. Safety Assurance evaluates the continued effectiveness of implemented risk
control strategies and supports the identification of new hazards.
Page 45 of 156
ITEM NUMBER: A-4
DATE: 12/08/20
4. Safety Promotion utilizes training and communication to create a positive safety
culture within all levels of the workforce and reinforce that everyone has a role in
promoting safety.
Atascadero Transit must establish and self -certify its initial PTASP by December 31, 2020
and re-certify its plan annually thereafter. As part of the PTASP, Atascadero Transit must
establish safety performance targets to address the safety performance measures
identified in the National Public Transportation Safety Plan. The safety performance
targets are included as part of Atascadero Transit’s strategies for minimizing the exposure
of the public, personnel, and property to unsafe conditions.
After adoption, Atascadero’s PTASP will be reviewed annually in the month of January.
Revisions will be made, if needed, to reflect the up-to-date organizational structure,
processes or procedures, and any other safety program changes. Should revisions or
updates be necessary, the ASP will be signed by the City Manager (Accountable
Executive) and submitted to the City Council for approval.
The draft PTASP plan has been reviewed by the FTA, San Luis Obispo Regional Transit
Authority and SLOCOG. Upon City Council approval of the Atascadero PTASP, the plan
will be submitted to Caltrans and SLOCOG for acceptance.
FISCAL IMPACT:
The City of Atascadero benefits from Federal 5307 capital and op erating assistance
funding. Federal funds could be withheld from Atascadero Transit should the City fail to
submit a PTASP. These funds are vital to insure that Dial-A-Ride can continue to provide
safe transportation to our residents.
ALTERNATIVES:
Provide modifications to the proposed plan as needed. Staff recommends caution in
changes to the document in that PTASP guidelines are specific and need significant
verification prior to adoption and submittal to the Federal government.
ATTACHMENT:
Draft Atascadero Public Transit Agency Safety Plan
Page 46 of 156
1
City of Atascadero
Public Transportation Agency Safety Plan (PTASP)
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 47 of 156
2
Contents
CITY OF ATASCADERO ............................................................................................................. 1
REVISION HISTORY ................................................................................................................. 3
A. TRANSIT AGENCY INFORMATION .................................................................................. 4
B. PLAN DEVELOPMENT, APPROVAL, AND UPDATES .................................................... 5
C. EMERGENCY PREPAREDNESS AND RESPONSE PLAN .............................................. 6
D. SAFETY PERFORMANCE TARGETS .............................................................................. 6
E. SAFETY MANAGEMENT POLICY .................................................................................... 7
F. SAFETY RISK MANAGEMENT ......................................................................................... 9
G. SAFETY ASSURANCE.....................................................................................................14
H. SAFETY PROMOTION .....................................................................................................16
I. ADDITIONAL INFORMATION ..........................................................................................17
J. DEFINITIONS OF SPECIAL TERMS AND ACRONYMS USED IN THE ASP ..................18
APPENDIX I - RISK MITIGATION MONITORING FORM .........................................................21
APPENDIX II – RISK MITIGATION MONITORING FORM INSTRUCTIONS ............................21
APPENDIX III – CITY OF ATASCADERO SMS MEETING TEMPLATE ..................................21
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 48 of 156
3
Revision History
Version Number and Updates
Record the complete history of successive versions of this plan.
Version
Number Section/Pages Affected Reason for Change Date Issued
01 Original New Document 10/2020
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 49 of 156
4
A. Transit Agency Information
Transit Agency Name City of Atascadero, Atascadero Transit
Subrecipient to the San Luis Obispo Regional Transit Authority (SLORTA).
Transit Agency Address 6500 Palma Avenue, Atascadero, CA 93422
Name and Title of
Accountable Executive Rachelle Rickard, City of Atascadero City Manager
Name of Chief Safety
Officer or SMS
Executive
Nick DeBar, City of Atascadero Director of Public Works
Mode(s) of Service
Covered by This Plan Demand Response
List All FTA Funding
Types (e.g., 5307, 5337,
5339)
5307
Mode(s) of Service
Provided by the Transit
Agency (Directly
operated or contracted
service)
Demand Response, Contracted Service
Does the agency
provide transit services
on behalf of another
transit agency or entity?
Yes
No
Description of
Arrangement(s) Not applicable
Name and Address of
Transit Agency(ies) or
Entity(ies) for Which
Service Is Provided
Not applicable
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 50 of 156
5
B. Plan Development, Approval, and Updates
Name of Entity That
Drafted This Plan City of Atascadero, Atascadero Transit
Signature by the
Accountable Executive
Signature of Accountable Executive Date of Signature
_______________________________________
Rachelle Rickard
Approval by the Board
of Directors or an
Equivalent Authority
Name of Individual/Entity That Approved This
Plan Date of Approval
_______________________________________
[Name]
Relevant Documentation (Title and Location)
Certification of
Compliance
Name of Individual/Entity That Certified This
Plan Date of Certification
Relevant Documentation (Title and Location)
Annual Review and Update of the Agency Safety Plan
Describe the process and timeline for conducting an annual review and update of the ASP.
The City of Atascadero Public Transportation Agency Safety Plan (PTASP) addresses all applicable requirements and
standards as set forth in FTA’s Public Transportation Safety Program and the National Public Transportation Safety
Plan.
The City of Atascadero PTASP will be reviewed annually in the month of January. If needed, revisions will be made
to reflect the most up-to-date organizational structure, processes or procedures, and any other safety program
changes.
The Agency Safety Plan (ASP) will be signed off by the Accountable Executive, City of Atascadero City Manager, and
submitted to the Board of Directors for approval. The submission will include a revision page, new targets and
objectives, and any highlighted changes.
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 51 of 156
6
C. Emergency Preparedness and Response Plan
Emergency Preparedness and Response Plan
Small Public Transportation Providers are NOT required to include an Emergency Preparedness and Response Plan
- §673.11(a)
D. Safety Performance Targets
Safety Performance Targets
Specify performance targets based on the safety performance measures established under the National
Public Transportation Safety Plan.
Mode of Transit
Service
Fatalities
(Total)
Fatalities
(per 100k
VRM)
Injuries
(Total)
Injuries
(per 100k
VRM)
Safety
Events
(Total)
Safety
Events
(per 100k
VRM)
System
Reliability
(VRM /
Failures)
Demand Response 0.00 0.00 0.00 0.00 1.00 1.04 25,216
Safety Performance Target Coordination
Describe the coordination with the State and Metropolitan Planning Organization(s) (MPO) in the selection
of State and MPO safety performance targets.
The contractor will work with the City of Atascadero to support in analyzing historical trends to establish reasonable and
attainable safety performance targets. The safety performance measures will be based on the measures established
under the National Public Transportation Safety Plan. Safety Management Policies, Risk Management, Safety
Assurances and Safety Promotion programs are appropriately scored to the size, scope and complexity of the public
transit services provided by the City of Atascadero.
The City of Atascadero will coordinate directly with the State and the local MPO, and the contractor will help support this
process as needed.
The SMS Executive, City of Atascadero Director of Public Works, will select safety performance targets on an annual
basis by December. The Accountable Executive, City of Atascadero City Manager, will review, approve, and sign the
ASP with updated safety performance targets annually. The Accountable Executive, City of Atascadero City Manager,
will seek formal approval by the Board of Directors. The finalized targets will be submitted to the Stat e, the local MPO
and SLORTA every year.
City of Atascadero personnel are available to coordinate with the State and the local MPO in the selection of safety
performance targets upon request.
Targets
Transmitted to the
State
State Entity Name Date Targets Transmitted
California DOT
February following final approval of plan
Metropolitan Planning Organization Name Date Targets Transmitted
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 52 of 156
7
Targets
Transmitted to the
Metropolitan
Planning
Organization(s)
San Luis Obispo County of Governments
San Luis Obispo Regional Transit Authority February following final approval of plan
E. Safety Management Policy
Safety Management Policy Statement
Use the written statement of safety management policy, including safety objectives.
The City of Atascadero is committed to providing the highest level of safety as our core operating value for all employees,
passengers, and the communities we serve. Managing safety is a core business function and safety leadership is a core
responsibility of management.
For purposes of this Agency Safety Plan (ASP), employees of Atascadero Transit include Atascadero Transit personnel
and its contractor teams; MV Transportation, Inc and American West Tire & Auto. All employees of Atascadero Transit
are expected to conduct their duties in a safe manner that will prevent collisions, reduce injuries, and avoid property
damage. Together with our contractor teams, we will continually develop and improve our safety processes to ensure
the safety of our employees, passengers, and the public.
To achieve our safety goals and objectives, we have adopted Safety Management System (SMS) principles, which
includes the safety management processes identified in this ASP and in the corresponding SMS plan developed by t he
contractor. The SMS process will be utilized to reinforce safety as our core operating value and proactively manage our
safety risk. Every employee and contractor shall comply with the provisions of the ASP and shall take an active role in
the identification and reporting of hazards.
All levels of management and front-line employees are accountable for the delivery of safety performance and understand
that safety is the primary responsibility of all employees.
The City of Atascadero is committed to the following safety objectives:
An executive commitment to safety and management involvement to establish a safety culture whereby
management leads by example.
Communicating the purpose and benefits of the SMS to all staff, managers, supervisors, and emplo yees
through formal, ongoing SMS communications.
Clearly defining the duties and responsibilities of each employee throughout the organization and their role in
an effective SMS.
Providing all employees with appropriate safety information and training to successfully carry out SMS duties.
Ensuring that all employees and contractors are aware that safety is their primary responsibility.
Ensuring no punitive action will be taken against any employee for the act of disclosing a safety concern,
according to the Employee Safety Reporting Program (ESRP), and ensuring open, honest communication will
be a result of any concern brought forth.
Examining our operations through reporting review and continuously improving through data analysis and
informed decision-making.
Establishing safety performance targets that are realistic, measurable, and data driven.
Complying with federal, state, and agency-related requirements, rules, and standards, and ensuring that
external systems and services that support the City of Atas cadero meets these standards.
Continuously review, develop, and improve our safety management processes, and ensure these practices
are effective and integrated into all of our activities.
This plan is approved by the board of directors and endorsed by the Chief Executive Officer.
Safety Management Policy Communication
Describe how the safety management policy is communicated thro ughout the agency. Include dates where
applicable.
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 53 of 156
8
The ability to communicate safety information in a timely and professional manner is important for the success of our
Agency Safety Plan to function as intended.
The Safety Management Policy statement, as well as the contractor's Commitment to Safety Statement found in their
SMS Plan, will be distributed to all employees and posted on bulletin boards. The statements will be available via
electronic and hard copy. These statements will be distributed during new-hire training and reviewed annually during
refresher training.
Should the SMP statement be updated during the year, the SMS executive and the contractor’s General Manager will
redistribute it throughout the agency.
Authorities, Accountabilities, and Responsibilities
Describe the role of the following individuals for the development and management of the transit agency’s
Safety Management System (SMS).
Accountable Executive
City of Atascadero City Manager, as the Accountable Executive, has ultimate responsibility
for the safe, effective and reliable operation of the City of Atascadero transit system. He/she
is responsible for ensuring resources are dedicated to the management of safety, through
the successful development and implementation of the Agency Safety Plan and an effective
SMS.
The Accountable Executive meets all the requirements in §673.5 and §673.23(d)(1) in that
this position is ultimately responsible for:
Carrying out the Agency Safety Plan (ASP) and the Transit Asset Management
(TAM) Plan,
Controlling or directing the human and capital resources needed to develop and
maintain the ASP and the TAM Plan, and
Ensuring that the agency’s SMS is effectively implemented, and action is taken, as
necessary, to address substandard performance in the agency’s SMS.
Chief Safety Officer or
SMS Executive
As the SMS executive is responsible for the SMS implementation plan. The SMS Executive
is responsible for monitoring the contractor teams to ensure that our safety goals and
objectives are being met.
The SMS Executive meets the requirements in § 673.5 and § 673.23(d)(2) in that the SMS
Executive:
Is an adequately trained individual who is responsible for safety,
Reports directly or holds a direct line of reporting to the Accountable Executive, City
of Atascadero City Manager, and
Has the authority and responsibility for day-to-day implementation and operation of
the SMS.
Agency Leadership and
Executive Management
Agency Leadership and Executive Management are tasked and authorized with making sure
that the organization safety policies and procedures are followed and communicated to their
direct reports, managers, and front-line employees. They will provide positive leadership
and direction in maintaining the safety policy as a major priority in all operations.
The contractor's General Manager is responsible for implementing the City of Atascadero's
Agency Safety Plan and carrying out a successful SMS for the operation of the service. The
contractor's General Manager will coordinate and communicate with the SMS Executive , the
City of Atascadero Director of Public Works, as required.
Key Staff
All employees and contractors are responsible for safe operations. All employees are tasked
with following all agency safety policies. Managers and supervisors are responsible for
staying current on all internal and external safety training. They are also responsible for
promoting the ESRP and reviewing and resolving all submissions responsibly.
Key staff includes vehicle operators, mechanics, dispatchers, managers/supervisors , who
are all responsible for supporting the Agency Safety Plan and SMS implementation.
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 54 of 156
9
Employee Safety Reporting Program
Describe the process and protections for employees to report safety conditions to senior management.
Describe employee behaviors that may result in disciplinary action (and therefore, are excluded from
protection).
Our front-line employees are our best source of information for identifying hazards. Nobody knows more about the actual
safety performance of the transit system than the employees who deliver the service.
The Employee Safety Reporting Program (ESRP) is intended to help the Accountable Executive , City of Atascadero City
Manager, and other senior managers get important safety information from across the transit agency. It can be an
agency’s most important source of safety data.
There are two types of safety reporting programs: mandatory and voluntary.
Mandatory: Employees must report hazards that are compliance-based and address regulatory issues.
Employees are required to immediately report every incident and accident. An employee’s failure to report or
provide false information of an unsafe hazard or act could result in disciplinary ac tion.
Voluntary: Employees are strongly encouraged to report hazards and can report anonymously. Every employee
is empowered to report any unsafe hazard / risk to their supervisor or senior management without fear of
retribution or penalty.
Under the voluntary ESRP, employees will have the option to report anonymously to maintain confidentiality. The ESRP
is non-punitive and employees will not be disciplined for the act of reporting the Hazard or Near Miss. However,
employees must report hazards that are compliance-based and address regulatory issues. Record falsification, Drug &
Alcohol violations, gross negligent behavior, and failure to report accidents/incidents and serious safety hazards are
examples of employee behaviors that may result in discipl inary action.
Acceptable means of reporting safety concerns or hazards include:
Emailing a completed hazard report form to dpatterson@atascadero.org
Completing a hazard report form and placing it in the collection box at City Hall, Maintenance Shop, or Driver
Yard
Notifying operations control center bus dispatch
Providing verbal or email notification to a supervisor or manager
The SMS Executive, the City of Atascadero Director of Public Works, ensures that these reports are entered into a
tracking log and reviewed and analyzed for potential improvements to safety processes. The reports are stored for a
minimum of three (3) years.
Additional procedures for operators wanting to report safety concerns or hazards are detailed in the contractors SMS
plan.
F. Safety Risk Management
Safety Risk Management Process
Describe the Safety Risk Management process, including:
Safety Hazard Identification: The methods or processes to identify hazards and consequences of
the hazards.
Safety Risk Assessment: The methods or processes to assess the safety risks associated with
identified safety hazards.
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 55 of 156
10
Safety Risk Mitigation: The methods or processes to identify mitigations or strategies necessary as
a result of safety risk assessment.
The City of Atascadero utilizes the Safety Risk Management process to identify hazards and analyze, assess, and
mitigate the safety risk.
The SMS Executive, the City of Atascadero Director of Public Works, collaborates with all departments to ensure
adequate safety control measures are incorporated into daily and special operations, and the efforts are taken to resolve
significant safety issues. The SMS Executive requests subject matter experts, and the relevant department head to
provide access to experts such as mechanics, engineers, o perations supervisors, etc., to assist the agency in assessing
related hazards.
Safety Hazard Identification –
All existing elements of the operation system will be continually reviewed as part of the on -going risk assessment process.
Atascadero Transit trains employees on the principles of SMS, including what a hazard, event, and consequence is. This
training enables employees to be well-versed in their ability to identify and report hazards to the agency.
Atascadero Transit identifies hazards and potential consequences from a variety of sources, including the following:
Operator daily trip sheet
Operator incident reports
Bus maintenance reports
Employee reported concerns
Risk management reports
Information from public safety officials, oversight authorities, community advisory committees or public
outreach events
Operator observed behavior
Investigations, inspections, or audits
Passenger feedback
Supervisor or manager reports
On-board video monitoring technology
Hazards and potential consequences as reported through FTA processes and other oversight activities,
including the MPO and SLORTA
When hazards are identified, depending on the nature of where it originates from, the contractor’s general manager or
the SMS executive, the City of Atascadero Director of Public Works, will take the lead on performing the initial
assessment to determine the potential consequences of hazards , and then will review for prioritization. A single hazard
could have multiple consequences, and that review is completed through this process to identify what the consequences
of those hazards could be.
All hazards and potential consequences will be tracked through a dedicated tracking log. Instructions for completing the
dedicated tracking log is available through “Mitigation Monitoring Instructions” document found in Appendix II.
Open hazards are regularly reviewed. All items received will be reviewed to determine if the item qualifies as a safety
hazard in need of mitigation, based on the risk assessment of potential consequences of those hazards. Those items
that do warrant a further evaluation will be put through the full Safety Risk Management process and recorded as such
in the dedicated tracking log. The SMS Executive, the City of Atascadero Director of Public W orks, will be responsible
for keeping the Risk Register log up to date.
Additional detailed procedures for operators identifying hazards are listed out in the contractors SMS plan.
Safety Risk Assessment –
All identified hazards will be reviewed and analyzed and assigned a safety risk according to the Safety Risk Matrix. Risk
assessment will be conducted for the “as reported” condition and again conducted for the “mitigated” condition.
The safety risk assessment has five steps:
1. Collecting Information
2. Assessing Severity
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 56 of 156
11
3. Assessing Likelihood
4. Determining the Safety Risk Index
5. Documenting Results and Follow-Up
The SMS Executive, the City of Atascadero Director of Public Works, requests subject matter experts, and the relevant
department head to provide access to experts such as mechanics, engineers, operations supervisors, etc., to assist the
agency in assessing related hazards.
The SMS Executive, the City of Atascadero Director of Public Works, engages American West Tire & Auto, the contracted
service provider for maintenance, specifically its Service Manager, directly to assess of any maintenance-related safety
hazards.
When a hazard is identified, it will be reviewed and recorded on the Risk Register log. Once it’s identifie d, a safety risk
assessment must occur to evaluate the potential consequences of hazards. Instructions for completing these steps and
logging the risk assessment is available through the “Mitigation Monitoring Instructions” document.
A safety risk assessment has two elements: hazard risk severity and hazard risk probability. In general accordance with
MIL-STD-882E practices, a number of different means can be employed to resolve identified risk/hazards. The FTA is
also a source of hazard information Section 673.25(b)(2). The MPO and SLORTA will also participate in this process.
Hazard severity is a qualitative determination of the worst likely case that could be anticipated because of human error,
poor design, failure or malfunction of component(s). Hazard severity ratings are as follows:
Catastrophic – Operating conditions are such that human error, poor design, failure or malfunction of components
may commonly cause multiple deaths, numerous casualties or major system loss . Catastrophic hazards
require immediate cessation of the unsafe activity or operation.
o Death, system loss, or severe environmental damage, or monetary loss equal to or exceeding $10M.
Critical – Operating conditions are such that human error, poor design, failure or malfunction of components may
commonly cause death, limited casualties or significant system loss that will require immediate termination of
the unsafe activity or operation.
o Death, severe injury, severe occupational illness, system loss, or severe environmental damage, or
monetary loss equal to or exceeding $1M but less than $10M.
Marginal – Operating conditions are such that they commonly cause minor injury, minor occupational illness,
or minor system damage. Human error or component failures can be controlled or counteracted.
o Minor injury, minor occupational illness, minor system, or environmental damage, or monetary loss
exceeding $100k but less than $1M.
Negligible – Operating conditions are such that human error, poor design, failure or malfunction of components
may commonly cause no, or less than minor injury, occupational illness, or system damage.
o Less than minor injury, occupational illness, minimal environmental impact, or monetary loss less than
$100k.
Hazard probability is a subjective measure of likelihood that a specific hazard will occur during the useful life of the asset.
Hazard probability is categorized as follows:
Frequent – Likely to occur frequently
Probable – Likely to occur several times
Occasional – Likely to occur sometime
Remote – Unlikely but possible to occur
Improbable – So unlikely that it can be rejected from consideration
Eliminated – Incapable of occurrence within the life of an item
Once the hazard risk severity and probability has been determined, an “as reported” safety risk will be recorded by using
the Safety Risk Assessment Matrix. This will help to assess the level of risk (risk rating) for the potential consequences
of each identified hazard and subsequent control measures to apply through hazard risk resolution or mitigation.
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 57 of 156
12
Safety Risk Mitigation –
The goal of the safety risk mitigation process is to eliminate the hazard that could cause the possible consequence, if
possible. When a hazard cannot be eliminated, we will reduce the associated risk of the potential consequence to the
lowest acceptable level within the constraints of cost, schedule, and performance by applying the design order of
precedence as follows:
Design for minimum hazard;
Incorporate engineered features or safety devices;
Provide warning devices; and
Incorporate signage, procedures, training, and personal protective equipment.
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 58 of 156
13
It is important that any risk mitigation does not create an additional hazard. The goal is to eliminate a safety risk wherever
possible. If this cannot be accomplished, safety devices, administrative controls, and/or PPE requirements will be
instituted to lower the safety risk.
In most cases, acceptable hazard resolution will require a combination of actions or methods of control. Agency
Leadership will monitor our mitigation activities in the Mitigation Monitoring Plan. The Mitigation Monitoring Plan will
detail the actions needed to control the hazard or address the causal factor and p revent recurrence. A completed
mitigation plan for the hazard should impact the final risk assessment category by reducing the probability of recurrence
and/or reduce the severity should the event recur. Please refer to Appendix I for the Risk Mitigation Monitoring Form
and Appendix II for the Risk Mitigation Monitoring Form Instructions.
The City of Atascadero works closely with American West Tire & Auto, the contracted service provider for maintenance,
specifically its Service Manager, to provide risk mitigation and, where possible, hazard resolution related to maintenance-
related safety hazards.
During quarterly meetings with its contractor teams, any risks that have been identified are reviewed, the action plan
discussed, and the status of those mitigation actions will be reviewed. Hazards that have been open for over one year
or have had target dates extended for reasons such as funding will be reviewed with the Accountable Executive, City of
Atascadero City Manager.
The effectiveness of mitigations will be monitored through reviews, observations, and audits. It is the responsibility of
the SMS Executive, the City of Atascadero Director of Public Works, and the contractor’s General Manager to monitor
the mitigation process.
Monthly reports that includes activities on the SRM process will be maintained for three (3) years.
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 59 of 156
14
G. Safety Assurance
Safety Performance Monitoring and Measurement
Describe activities to monitor the system for compliance with procedures for operations and maintenance.
The City of Atascadero and its contractor teams monitor the system for compliance with operations and maintenance
procedures through the following methods:
Regular vehicle inspections and preventative maintenance reports
Daily data gathering and monitoring of data related to the delivery of service
Safety inspections and audits
Investigation of safety events and operator incident reports
Employee safety reporting program
On-board video monitoring technology
External feedback from passengers or public safety officials
Operator observed behavior through ride evaluations
Verification of training compliance
The SMS Executive, the City of Atascadero Director of Public Works, and the contractors General Manager will review
the results to determine where action needs to be taken. Any non-compliant or ineffective activities will be submitted
through the SRM process for re-evaluation of hazards and safety risk.
Additional details are available in the contractors SMS plan.
Describe activities to monitor operations to identify any safety risk mitigations that may be ineffective,
inappropriate, or were not implemented as intended.
Continuous monitoring occurs throughout the course of operation to identify any potential safety risk mitigations that may
be ineffective.
Maintenance functions are continuously monitored to ensure that the activities are carried out in accordance with SOPs.
Vehicle maintenance SOPs address safety-related vehicle equipment to ensure that no unsafe vehicles are dispatched
for service. Safety-related equipment is inspected during a pre-trip inspection to ensure that the vehicle is fit for service.
Additional details are found in the City of Atascadero Preventative Maintenance Plan.
Operational functions are continuously monitored to measure the outcomes of activities that operational personnel must
engage in for the delivery of services, according to SOPs.
A vehicle pre-trip inspection is completed prior to putting a vehicle into service. Periodically throughout the operator’s
shift, an on-board inspection is conducted to ensure safe operation throughout the shift.
Additional means of monitoring existing safety risk mitigations includes:
Review results of internal and external safety audits and inspections
Monitoring employee safety reporting
Analyze operational and safety data to identify emerging safety concerns
The Mitigation Monitoring plan is used to revisit existing mitigations on a routine basis to ensure that the mitigations are
working as intended. This will be conducted with the contractor’s General Manager Monthly Inspection checklist. The
SMS Executive, the City of Atascadero Director o f Public Works, will review the existing mitigations on a quarterly basis
during the quarterly SMS meeting.
Any deficiencies found throughout the monitoring activities may be put through the SRM process to re -evaluate its safety
risk again. A corrective action plan will be created for any deficiencies found.
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 60 of 156
15
Describe activities to conduct investigations of safety events , including the identification of causal factors.
It is the policy of the agency that all accidents, incidents, and occurrences are investigated, as defined in §673.5. This
shall include, at a minimum:
A loss of life
A report of a serious injury to a person
A collision of the agency’s vehicles
An evacuation for life safety reasons
Under the service contractor, all incidents, including near misses and minor events, shall be reported as soon as possible
– whether the incident did or could have resulted in personnel injuries, illnesses, or property damage. The contractor is
responsible for ensuring a timely investigation and report, with oversight by the agency.
Safety events will be promptly and thoroughly investigated. Initial safety event assessment will occur within 12 hours
after event. Investigations will proceed as soon as practical to collect all relevant information, analyze contributing factors
to determine root cause, determine preventability, and identify the preventative strategies. The vehicle may be isolated
for a post incident safety inspection depending on the accident level or departmental discretion.
Near-miss incidents will be investigated, if it is not readily determined the root cause of the near -miss. However, for near-
miss reports, a full investigation may not be required. The o nboard camera technology will be used to monitor near -
misses. Near-miss incidents will be available through DriveCam reviews or through the ESRP. These will be reviewed
during the quarterly SMS meetings with the Accountable Executive, the City of Atascadero City Manager, Chief Safety
Officer, and Agency leaders.
The contractor maintains all documentation of investigation results, including the policies, processes, forms, checklists,
activities, and results. Additional details are available in the contrac tors SMS plan and Safety Policy Manual.
Facility inspections will be completed to review that safety equipment is up to date according to OSHA standards.
Describe activities to monitor information reported through internal safety reporting programs.
The SMS Executive, the City of Atascadero Director of Public Works, and the contractors General Manager will routinely
review information reported through internal safety reporting programs, including:
ESRP
Investigations, inspections, or audits
Passenger feedback
Supervisor or manager reports
Any other safety communication channel
This will be a topic on the agenda for the quarterly reoccurring meeting between the SMS Executive, the City of
Atascadero Director of Public Works, and the contractors General Manager. When necessary, the SMS Executive, the
City of Atascadero Director of Public Works, and the contractors General Manager will ensure that concerns are
investigated or analyzed through the SRM process.
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 61 of 156
16
Management of Change (Not Required for Small Public Transportation Providers)
Describe the process for identifying and assessing changes that may introduce new hazards or impact
safety performance.
Small Public Transportation Providers are required to develop processes for safety performance monitoring and
measurement under the Safety Assurance component of SMS – §673.27(b)
Small Public Transportation Providers are NOT required to development and implement processes for management of
change and continuous improvement - §673.27(d)
Small Public Transportation Providers are NOT required to include or incorporate by reference in the ASP an emergency
preparedness and response plan or procedures - §673.11 (a)
Continuous Improvement (Not Required for Small Public Transportation Providers)
Describe the process for assessing safety performance. Describe the process for developing and carrying
out plans to address identified safety deficiencies.
Small Public Transportation Providers are required to develop processes for safety performance monitoring and
measurement under the Safety Assurance component of SMS – §673.27(b)
Small Public Transportation Providers are NOT required to development and implement processes for management of
change and continuous improvement - §673.27(d)
Small Public Transportation Providers are NOT required to include or incorporate by reference in the ASP an emergency
preparedness and response plan or procedures - §673.11 (a)
H. Safety Promotion
Competencies and Training
Describe the safety training program for all agency employees and contractors directly responsible for
safety.
The SMS Executive, the City of Atascadero Director of Public Works, is responsible for the oversight of the safety training
program, which incorporates safety-related skill training and SMS roles and responsibilities. The scope of training will
depend on the role and position of the individual for those directly responsible for safety, including bus vehicle operators,
dispatchers, maintenance technicians, managers, supervisors, agency leadership and executive management, SMS
Executive, the City of Atascadero Director of Public Works, , and the Accountable Executive, City of Atascadero City
Manager.
The safety training program for bus vehicle operators is administered through the contractor, MV Transportation. Safety -
related skill training for vehicle maintenance is administered through the current maintenance contractor, American West
Tire & Auto. Classroom and on-the-job training for dispatch and supervisory personnel is administered through the City
of Atascadero.
The City of Atascadero Accountable Executive, City of Atascadero City Manager and SMS Executive, the City of
Atascadero Director of Public Works, will complete the FTA’s SMS Awareness online training.
Training for those that are directly responsible for safety includes initial and annual training, to include at a minimum:
Employee handbook and safety policies and procedures
Compliance related activities, including OSHA and Drug & Alcohol
Training on basic SMS principles
The mandatory and voluntary ESRP
Job-specific safety-related skill training
Refresher training on key areas will be conducted, along with periodic promotion of prevention activities. This will vary
based on role and position, as well as for-cause.
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 62 of 156
17
For operators of the Atascadero Transit system , they will undergo a continuous safety communication campaign,
through the form of safety meetings. This is delivered through the contractor that provides the operators for the
service. Every month, a fleet safety and injury prevention topic will be reviewed to refresh the fundamentals and key
learning points.
All operators will receive refresher or remedial training, as necessary, throughout their employment with the contractor.
This can include, but is not limited to, defensive driving techniques, ADA and Wheelchair Securement activities,
Fatigue Management, Pedestrian and Bicyclist awareness, as well as hands-on training. This training provides a
procedure for evaluation job skills and determining subsequent retraining needs or employees who are returning to
work after an extended leave, employees who have been involved in an accident and refr esher skill training.
The City of Atascadero provides its employees copies of the Safety Plan for review in January each year and require
employees to watch the safety video. American West Tire & Auto, the contracted maintenance provider, holds monthly
safety meetings for all staff members.
Training, retraining, proficiency checks, and safety meeting attendance will be recorded and documented by the
operator contract provider.
Additional details of the operator training program is available in the contractors SMS plan and Safety Manual.
Safety Communication
Describe processes and activities to communicate safety and safety performance information throughout
the organization.
Safety information and performance communication is coordinated by the SMS Executive and the contractors General
Manager. Various methods of communication will be leveraged, including, but not limited to, safety bulletins, flyers,
emails, toolbox talks, one-on-one discussions, and monthly safety meetings.
A daily safety message is distributed to all bus vehicle operators from the contractors General Manager. A weekly
fundamental technique is reviewed to promote a culture of continual development.
Information on safety and safety performance will be communicated during the mont hly safety meeting and in the form
of a bulletin. For bus vehicle operators, this includes a fleet safety topic, an injury prevention topic, analysis of near -miss
events, safety performance statistics, lessons learned, and any upcoming events.
During the monthly safety meeting, information on hazards and safety risks relevant to employees’ roles and
responsibilities throughout the agency will be reviewed. Resolution of safety actions in response to reports submitted
through the ESRP will also be reviewed during this time. Please refer to Appendix III for the City of Atascadero SMS
Meeting Template.
I. Additional Information
Supporting Documentation
Include or reference documentation used to implement and carry out the ASP that are not included
elsewhere in this Plan.
The City of Atascadero and its contractor(s) will maintain documentation related to the implementation of its SMS; the
programs, policies, and procedures used to carry out this ASP; and the results from its SMS processes and activities for
three (3) years after creation. This documentation will be available to the Federal Transit Administration or other Federal
or oversight entity upon request.
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 63 of 156
18
J. Definitions of Special Terms and Acronyms Used in the ASP
Definitions of Special Terms Used in the ASP
Term Definition
Accident An event that involves any of the following: a loss of life; a report of a serious injury to
a person; a collision of rail transit vehicles; a runaway train; an evacuation for life safety
reasons; or any derailment of a rail transit vehicle, at any location, at any time,
whatever the cause.
Audit An official inspection of safety risk and or hazard of an organization's work environment
to identify and mitigate safety concerns
Accountable Executive A single, identifiable person who has ultimate responsibility for carrying out the Safety
Management System of a public transportation agency, and control or direction over
the human and capital resources needed to develop and maintain both the agency’s
Public Transportation Agency Safety Plan, in accordance with 49 U.S.C. 5329(d), and
the agency’s Transit Asset Management Plan in accordance with 49 U.S.C. 5326.
Consequence An effect of a hazard, involving injury, illness, or death; damage to or loss of the
facilities, equipment, rolling stock, or infrastructure of a public transportation system;
or damage to the environment.
Event An accident, incident, or occurrence
Hazard Any real or potential condition that can cause injury, illness, or death; damage to or
loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation
system; or damage to the environment
Incident An event that involves any of the following: a personal injury that is not a serious injury;
one or more injuries requiring medical transport; or damage to facilities, equipment,
rolling stock, or infrastructure that disrupts the operations of a transit agency.
Inspection An on-site walk through to identify potential hazards to occupants and personnel and
options for remedial action.
Investigation A process conducted for the purpose of accident prevention which includes the
gathering and analysis of information, the drawing of conclusions, including the
determination of causes and, when appropriate, the making of safety
recommendations
Major Mechanical Failures Failures caused by vehicle malfunctions or subpar vehicle condition which requires
that it be pulled from service
Mitigate To reduce the risk of a safety hazard
Safety Assurance The process within a transit agency’s Safety Management System that functions to
ensure the implementation and effectiveness of safety risk mitigation, and to ensure
that the transit agency meets or exceeds its safety objectives through the collection,
analysis, and assessment of information.
Safety Communication Represents the way in which safety is communicated to support the SMS in a way that
is received both visually and verbally received by the individuals working in the
organization
Safety Culture The collection of the beliefs, perceptions and values that employees share in relation
to risks within an organization, such as a workplace or community
Safety Management Policy A transit agency’s documented commitment to safety, which defines the transit
agency’s safety objectives and the accountabilities and responsibilities of its
employees regarding safety.
Safety Management System
(SMS)
The formal, top-down, data-driven, organization-wide approach to managing safety risk
and assuring the effectiveness of a transit agency’s safety risk mitigation. SMS
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 64 of 156
19
includes systematic procedures, practices, and policies for managing risks and
hazards.
Safety Objective A general goal or desired outcome related to safety.
Safety Performance An organization’s safety effectiveness and efficiency, as defined by safety performance
indicators and targets, measured against the organization's safety objectives.
Safety Performance Indicator A data-driven, quantifiable parameter used for monitoring and assessing safety
performance.
Safety Performance Measure An expression based on a quantifiable indicator of performance or condition that is
used to establish targets and to assess progress toward meeting the established
targets.
Safety Performance Monitoring Activities aimed at the quantification of an organization’s safety effectiveness and
efficiency during service delivery operations, through a combination of safety
performance indicators and safety performance targets.
Safety Performance Target A quantifiable level of performance or condition, expressed as a value for a given
performance measure, achieved over a specified timeframe related to safety
management activities.
Safety Promotion A combination of training and communication of safety information to support SMS as
applied to the transit agency’s public transportation system.
Safety Risk The assessed probability and severity of the potential consequence(s) of a hazard,
using as reference the worst foreseeable, but credible, outcome
Safety Risk Assessment The formal activity whereby a transit agency determines Safety Risk Management
priorities by establishing the significance or value of its safety risks
Safety Risk Management A process within a Transit Agency’s Safety Plan for identifying hazards, assessing the
hazards, and mitigating safety risk.
Safety Risk Mitigation The activities whereby a public transportation agency controls the probability or
severity of the potential consequences of hazards.
Safety Risk Probability The likelihood that a consequence might occur, taking as reference the worst
foreseeable–but credible–condition.
Safety Risk Severity The anticipated effects of a consequence, should it materialize, taking as reference the
worst foreseeable–but credible–condition
State of Good Repair The condition in which a capital asset is able to operate at a full level of performance.
Acronyms Used in the ASP
Acronym Word or Phrase
ADA Americans with Disabilities Act
BTW Behind the Wheel
DVI Daily Vehicle Inspections
EAP Emergency Action Plan
ESRP Employee Safety Reporting Program
HCS/HAZCOM Hazard Communication Standard
LSC Location Safety Committee
MVR Motor Vehicle Record
OSHA Occupational Safety & Health Association
PPE Personal Protective Equipment
PTASP Public Transportation Agency Safety Plan
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 65 of 156
20
SA Safety Assurance
SDS Safety Data Sheet
SMP Safety Management Policy
SMS Safety Management System
SP Safety Promotion
SRM Safety Risk Management
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 66 of 156
21
Appendix I - Risk Mitigation Monitoring Form
Risk Mitigation
Monitoring Form
Appendix II – Risk Mitigation Monitoring Form Instructions
Risk Mitigation
Monitoring Form Instructions
Appendix III – City of Atascadero SMS Meeting Template
City of Atascadero
SMS Meeting Template
ITEM NUMBER: A-4
DATE: 12/08/20
ATTACHMENT: 1
Page 67 of 156
ITEM NUMBER: A-5
DATE: 12/08/20
Atascadero City Council
Staff Report – Public Works Department
Approve Final Map for Tract 3161
(South Mirasol Way)
RECOMMENDATION:
Council adopt Draft Resolution approving the Final Map for Tract 3 161.
DISCUSSION:
Background
The Vesting Tentative Map for Tract 3161 (previously Tract 3104) was originally
approved by the Atascadero Planning Commission on November 21, 2017
(PC Resolution No. 2017-0035), which authorized the subdivision of two lots located at
1827 and 1843 El Camino Real (APN 102-032-049 and 102-032-020) into six single-
family and one designated remainder parcel. A vicinity map is shown below.
Page 68 of 156
ITEM NUMBER: A-5
DATE: 12/08/20
Subdivision Improvement Plans were approved by the City Engineer and comprised of
a new cul-de-sac street to be constructed to City Standards (South Mirasol Way) and
public utilities, including a public sanitary sewer main, to serve the subdivision.
The subdivider, M P Annex, LLC, opted to construct subdivision improvements prior to
seeking approval for recordation of the Final Map, which eliminated the need for a
subdivision improvement agreement and financial security for the performance of those
improvements. During that time, the tentative tract map expired and the subdivider was
required to obtain a new tract number from the County (now Tract 3161) and reapply to
approve the tentative map. The Planning Commission reconsidered and approved
Vesting Tentative Map for Tract 3161 on October 20, 2020 (PC Resolution No. 2020-
0012).
With exception to some minor items involving irrigation and landscaping, and relocation
of a secondary power line and removal of two power poles on Lots 3 and 6, all other
public improvements are complete and the subdivider has requested the City to
approve the final map. However, without all public improvements complete, the
subdivider is required to enter into a subdivision improvement agreement with the City
and provide faithful performance and payment securities for the construction work left to
complete, which is roughly $40,000 of the $961,200 total estimate of public
improvements. A guarantee and warranty security in the amount of 10% of the total
estimate is also required and will be in effect for one year after completion. The
subdivider is planning to build and retain the properties, and building permits will not be
issued for Lots 3 and 6 until the power relocation/pole removals are complete.
The map is being considered for approval by the City Council since the subdivider has
provided offers of dedication on the final map that need to be accepte d or rejected by
the governing body.
Analysis
The City Engineer and Community Development Director have reviewed the final map
and accompanying documents, fees, and materials for filling of Tract 3161, and
determined they are in substantial conformity wit h the approved tentative map and
conditions of approval. Pursuant to California Government Code (CGC) Section 66458,
the approving legislative body (City Council) shall approve a final map provided it
conforms to all requirements of CGC Section 66458 and any local subdivision
ordinance.
In addition, the following offers of dedication to the public and City Engineer’s
recommended action to accept, accept subject to improvement, or reject without
prejudice are indicated on the Final Map for Tract 3161 and include:
Offers of dedication for Public Utility Easements, Atascadero Mutual Water
Company Easement, and Public Sanitary Sewer System easements (Accept).
An offer of Right-of-Way for South Mirasol Way (Reject without prejudice to
future acceptance by City Council).
Furthermore, the Director of Public Works/City Engineer recommends that the Council
accept the sanitary sewer main constructed with Tract 3 161 improvements into the
Page 69 of 156
ITEM NUMBER: A-5
DATE: 12/08/20
City’s Wastewater Collection System. Doing so will allow these facilities to be owned
and maintained by the City of Atascadero, which is funded by the Wastewater
Enterprise Fund through on-going sewer service charges. Staff also recommends that
the City Engineer is authorized to accept the satisfactory completion of the subdivision
improvement work for the tract and execute a subdivision maintenance agreement for
the guarantee and warranty bond that will be in effect for one year upon acceptance.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Draft Resolution
2. Final Map for Tract 3161
Page 70 of 156
ITEM NUMBER: A-5
DATE:
ATTACHMENT:
12/08/20
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING FINAL MAP FOR TRACT 3161 AND ACCEPTING
PORTIONS OF THE SUBDIVISION PUBLIC IMPROVEMENTS INTO THE
CITY OF ATASCADERO WASTEWATER COLLECTION SYSTEM
WHEREAS, the Vesting Tentative Map for Tract 3161 (previously Tract 3104) was
originally approved by the Atascadero Planning Commission on November 21, 2017 (PC Resolution
2017-0035) and Public Improvement Plans for “Tract 3104 – The Annex” were approved by the
City Engineer on December 5, 2018; and
WHEREAS, the Vesting Tentative Map expired and was reconsidered and approved by
the Atascadero Planning Commission on October 20, 2020 (PC Resolution 2020-0012) as Tract
3161; and
WHEREAS, the Subdivider, M P Annex, LLC, has completed the majority of required
construction for the Improvement Plans comprised of a new cul-de-sac street (South Mirasol Way)
and public utilities, including a public sanitary sewer main, to serve the six lot subdivision; and
WHEREAS, the Subdivider, M P Annex, LLC, has agreed to enter into a subdivision
improvement agreement with the City of Atascadero and to provide faithful performance and
payment securities for the remaining construction work comprised of irrigation, landscaping, and
relocation of a secondary power line and removal of two power poles , and will provide guarantee
and warranty security for all the required improvements; and
WHEREAS, the City Engineer and Community Development Director have reviewed the
final map and accompanying documents, fees, and materials for filling of Tract 3161, and
determined they are in substantial compliance with the approved tentative map and conditions of
approval.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. Final Map for Tract 3161, on file in the City Clerk’s Office and incorporated
herein by this reference, is hereby approved.
SECTION 2. Final Map for Tract 3161 offers of dedication for public utility easements,
Atascadero Mutual Water Company easement, and public sanitary sewer system easements are
accepted on behalf of the public.
SECTION 3. Final Map for Tract 3161 offer of Right-of-way for South Mirasol Way are
rejected without prejudice to future acceptance on behalf of the public and shall be privately
maintained.
SECTION 4. The public sanitary sewer main on Bosque Court in Tract 3161, constructed
as part of the Improvement Plans, is hereby accepted into the Atascadero Wastewater Collection
System and the offer of dedication for public sewer is hereby accepted.
Page 71 of 156
ITEM NUMBER: A-5
DATE:
ATTACHMENT:
12/08/20
1
SECTION 5. The City Manager is hereby authorized to execute a subdivision improvement
agreement for Tract 3161 with M P Annex, LLC on behalf of the Council.
SECTION 6. The City Engineer is hereby authorized to accept the subdivision
improvement work on behalf of the Council for Tract 3161 upon satisfactory completion of the
work.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 8th day of
December, 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 72 of 156
ITEM NUMBER: A-5DATE: 12/08/20ATTACHMENT: 2Page 73 of 156
ITEM NUMBER: A-5DATE: 12/08/20ATTACHMENT: 2Page 74 of 156
ITEM NUMBER: A-5DATE: 12/08/20ATTACHMENT: 2Page 75 of 156
ITEM NUMBER: A-5DATE: 12/08/20ATTACHMENT: 2Page 76 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
Atascadero City Council
Staff Report – City Manager’s Office
Essential Services Transactions and Use Tax
Contracting with the State of California
RECOMMENDATIONS:
Council:
1. Adopt Draft Resolution A authorizing the City Manager to execute agreements
with the California Department of Tax and Fee Administration for implementation
of a local transactions and use tax.
2. Adopt Draft Resolution B authorizing representatives of the City of Atascadero to
examine confidential transactions and use tax records of the California
Department of Tax and Fee Administration (CDTFA) pertaining to transactions
and use taxes collected by the CDTFA for the City of Atascadero.
3. Authorize the City Manager to enter into a contract with Hinderliter, De Llamas
and Associates for transactions tax audit and information services related to the
Measure D-20 Sales Tax Revenue.
DISCUSSION:
The City Council placed a Ballot Measure on the November 2020 ballot asking voters in
Atascadero this question:
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 ensuring money is spent
properly, and all money locally controlled?
58.5% of the voting public voted Yes. The Essential Services Transaction and Use Tax
Ordinance (No. 638), that was adopted in August 2020, imposes the Transactions and
Use Tax (one cent sales tax) to be administered by the California Department of Tax
and Fee Administration. Included in this Ordinance, under Section 3-18.040 of
Page 77 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
Attachment A, it states, “Prior to the operative date, the City shall contrac t with the
California Department of Tax and Fee Administration to perform all functions incident to
the administration and operation of this Chapter…” The operative date of this
Ordinance is April 1, 2021.
There are two contracts that need to be executed between the City and the California
Department of Tax and Fee Administration:
1. Agreement for Preparation to Administer and Operate District’s Transactions and
Use Tax Ordinance; and,
2. Agreement for State Administration of District Transactions and Use Taxes.
The State will charge a Preparatory Fee for the work necessary to administer the City’s
Transaction and Use Tax Ordinance. The Department's costs for preparatory work
include costs of developing procedures, programming for data processing, developing
and adopting appropriate regulations, designing and printing forms, developing
instructions for the Department's staff and for taxpayers, and other appropriate and
necessary preparatory costs to administer a transactions and use tax ordinance.
By law, the maximum preparatory cost is $175,000. However, the actual amount
charged is typically less than $175,000 particularly in smaller cities and counties where
fewer notification mailings are required. The preparatory fee is also influenced by how
many new taxes are implemented concurrently. The size of the county and/or adjacent
counties, the number of other taxes being implemented at the same time, and the
number of taxpayer notifications sent influence the total preparatory costs. When
several new taxes are implemented at the same time, the fee is lower because of the
efficiencies achieved through group implementation. While it is difficult for the CDTFA to
estimate the preparatory cost until all the above mention variables are known for
preparation of Measure F-14 administration the City was billed $7,800
The State will also be charging on-going administrative costs, at the rate of 0.57% of the
revenue received from the tax increase.
The State requires a Resolution authorizing the City Mana ger to execute the
agreements (Draft Resolution A). The State also requires the City adopt a Resolution
authorizing representatives of the City of Atascadero to examine confidential
transactions and use tax records of the California Department of Tax and Fee
Administration (CDTFA) pertaining to transactions and use taxes collected by the
CDTFA for the City of Atascadero (Draft Resolution B).
While the City Manager and the Administrative Services Director are currently
authorized to examine transactions and use tax records for the Bradley-Burns Sales tax
(the base 1% sales tax) as well as review of the Measure F-14 sales tax information, a
new Resolution must be adopted to allow for review of Measure D -20 sales tax
information. Draft Resolution B would also authorize HdL to access the data necessary
to provide the review and analysis services to the City.
Page 78 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
Hinderliter, De Llamas and Associates (HdL) currently provides sales tax review and
analysis services to the City for sales tax revenue received from the Bradley-Burns tax
and Measure F-14 general sales tax. CDTFA requires that a separate agreement be
executed for the Measure D-20 sales tax revenue and authorization be granted in a new
Resolution.
Under the additional agreement for Measure D-20 sales tax revenue services, HdL will
provide updated reports each quarter identifying changes in allocation totals by
individual businesses, business groups, and by categories. Quarterly aberrations will
be identified and quarterly reconciliation worksheets to assist finance officers with
budget forecasting will be included. HdL will also provide the City with
deficiency/allocation reviews and recovery to identify and correct unreported
transactions and use tax payments and distribution errors.
Staff is recommending the Council adopt the Draft Resolutions. Following adoption of
these Resolutions, the City Clerk will prepare the documentations and submit them to
the CDTFA prior to January 4, 2021 allowing for an April 1, 2021 operative date.
Documents received after January 4, 2021 will have a July 1, 2021 operative date.
FISCAL IMPACT:
The sales tax measure will generate an estimated $4.5 million in additional annual
revenue. While the CDTFA cannot provide an estimate for the Preparatory Fee, staff
anticipates costs being between $10,000 -40,000, and the on-going State administrative
costs will be 0.57% of the revenue received from the tax increase.
HdL will charge a $200 monthly fee for the review and analysis services that will be paid
from the General Fund, and 25% of the initial amount of new transactions or use tax
revenue received by the City as a result of audit and recovery work performed by HdL.
However, revenue will be received that otherwise would not have been realized, through
the audit services that HdL will provide to the City, offsetting the costs.
ATTACHMENTS:
1. Draft Resolution A
2. Draft Resolution B
Page 79 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1
DRAFT RESOLUTION A
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF
TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL
TRANSACTIONS AND USE TAX
WHEREAS, on August 11, 2020, the Atascadero City Council approved Ordinance No. 638
amending the City Municipal Code and providing for a local transactions and use tax; and,
WHEREAS, the California Department of Tax and Fee Administration (Board) administers and
collects the transactions and use taxes for all applicable jurisdictions within the state; and,
WHEREAS, the Board will be responsible to administer and collect the transactions and use tax for
the City; and,
WHEREAS, the Board requires that the City enter into a “Preparatory Agreement” and an
“Administration Agreement” prior to implementation of said taxes; and,
WHEREAS, the Department requires that the City Council authorize the agreements.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Atascadero that the
“Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as
Exhibit B are hereby approved and the City Manager is hereby authorized to execute each agreement.
* * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the
City of Atascadero held on December 8, 2020, by the following vote, to wit:
AYES:
NOES:
ABSENT:
DATED:
ATTEST:
Lara K. Christensen, City Clerk Heather Moreno, Mayor
Page 80 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1A
1
AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance
with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code, the City of Atascadero, hereinafter called City, and the CALIFORNIA DEPARTMENT
OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:
1. The Department agrees to enter into work to prepare to administer and operate a
transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code
which has been approved by a majority of the electors of the City and whose ordinance has been
adopted by the City.
2. City agrees to pay to the Department at the times and in the amounts hereinafter specified
all of the Department's costs for preparatory work necessary to administer the City's transactions and
use tax ordinance. The Department's costs for preparatory work include costs of developing
procedures, programming for data processing, developing and adopting appropriate regulations,
designing and printing forms, developing instructions for the Department's staff and for taxpayers, and
other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.
These costs shall include both direct and indirect costs as specified in Section 11256 of the
Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the internal
accounting and personnel records currently maintained by the Department. The billings for costs may
be presented in summary form. Detailed records of preparatory costs will be retained for audit and
verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Department shall be
referred to the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Department shall be billed by the Department periodically,
with the final billing within a reasonable time after the operative date of the ordinance. City shall pay
to the Department the amount of such costs on or before the last day of the next succeeding month
following the month when the billing is received.
Page 81 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1A
2
6. The amount to be paid by City for the Department's preparatory costs shall not exceed one
hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
7. Communications and notices may be sent by first class United States mail.
Communications and notices to be sent to the Department shall be addressed to:
California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
Attention: Administrative Services Director
8. The date of this agreement is the date on which it is approved by the Department of General
Services. This agreement shall continue in effect until the preparatory work necessary to administer
City's transactions and use tax ordinance has been completed and the Department has received all
payments due from City under the terms of this agreement.
CITY OF ATASCADERO CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
By By
Rachelle Rickard Administrator
City Manager Local Revenue Branch
Page 82 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B
(Rev. 10/17) 1
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Atascadero has adopted, and the voters of the City of
Atascadero (hereafter called “City” or “District”) have approved by the required majority vote, the City
of Atascadero Essential Services Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a
copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue
and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration,
(hereinafter called the “Department”) and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement,
they shall be interpreted to mean the following:
1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed
under an ordinance specifically authorized by Revenue and Taxation code Section , and in
compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to
above and attached hereto, Ordinance No.638, as amended from time to time, or as deemed to be
amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform
exclusively all functions incident to the administration and operation of the City Ordinance.
Page 83 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B
(Rev. 10/17) 2
B. Other Applicable Laws. City agrees that all provisions of law applicable to the
administration and operation of the Department Sales and Use Tax Law which are not inconsistent with
Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and
operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may
be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from
that Fund for any authorized purpose, including making refunds, compensating and reimbursing the
Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which
City is entitled.
C. Transmittal of money.
1. For the period during which the tax is in effect, and except as otherwise provided herein, all
district taxes collected under the provisions of the City Ordinance shall be transmitted to City
periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed
limits or by final judgment of any court of the State of California holding that City’s ordinance is
invalid or void, all district taxes collected under the provisions of the City Ordinance shall be
transmitted to City not less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City
designated and authorized by the City. A statement shall be furnished at least quarterly indicating the
amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Department shall prescribe and adopt such rules and regulations as in its
judgment are necessary or desirable for the administration and operation of the City Ordinance and the
distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this
Agreement, the Department shall give no preference in applying money received for state sales and use
taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a
taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties,
cities and counties, redevelopment agencies, other districts, and City as their interests appear.
Page 84 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B
(Rev. 10/17) 3
F. Security. The Department agrees that any security which it hereafter requires to be
furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will
be available for the payment of the claims of City for district taxes owing to it as its interest appears.
The Department shall not be required to change the terms of any security now held by it, and City shall
not participate in any security now held by the Department.
G. Records of the Department.
When requested by resolution of the legislative body of the City under section 7056 of the
Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to
examine the records of the Department, including the name, address, and account number of each seller
holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment
of transactions and use taxes collected for the City. Information obtained by the City from examination
of the Department's records shall be used by the City only for purposes related to the collection of
transactions and use taxes by the Department pursuant to this Agreement.
H. Annexation. City agrees that the Department shall not be required to give effect to an
annexation, for the purpose of collecting, allocating, and distributing District transactions and use
taxes, earlier than the first day of the calendar quarter which commences not less than two months after
notice to the Department. The notice shall include the name of the county or counties annexed to the
extended City boundary. In the event the City shall annex an area, the boundaries of which are not
coterminous with a county or counties, the notice shall include a description of the area annexed and
two maps of the City showing the area annexed and the location address of the property nearest to the
extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that
impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2
of the Revenue and Taxation Code:
Page 85 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B
(Rev. 10/17) 4
1. Any payment not identified as being in payment of liability owing to a designated
district or districts may be apportioned among the districts as their interest appear, or, in the discretion
of the Department, to all districts with which the Department has contracted using ratios reflected by
the distribution of district taxes collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the
Department, and all amounts refunded or credited may be distributed or charged to the respective
districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the
determination, billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to
vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for
registration or on the certificate of ownership may be used by the Department in determining the place
of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance
such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the
Department for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States
mail to the addresses listed below, or to such other addresses as the parties may from time to time
designate. A notification is complete when deposited in the mail.
Page 86 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B
(Rev. 10/17) 5
Communications and notices to be sent to the Department shall be addressed to:
California State Department of Tax and Fee Administration
P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
Attention: Administrative Services Director
Unless otherwise directed, transmittals of payment of District transactions and use taxes
will be sent to the address above.
B. Term. The date of this Agreement is the date on which it is approved by the Department of
General Services. The Agreement shall take effect on ______________. This Agreement shall
continue until December 31 next following the expiration date of the City Ordinance, and shall
thereafter be renewed automatically from year to year until the Department completes all work
necessary to the administration of the City Ordinance and has received and disbursed all payments due
under that Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal
of the City Ordinance not less than 110 days prior to the operative date of the repeal.
Page 87 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B
(Rev. 10/17) 6
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the
City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under
Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that
the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall
transmit to the Department the moneys retained in escrow, including any accumulated interest, within
ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and
non-appealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of
California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to
taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1. Department may retain all payments made by City to Department to prepare to
administer the City Ordinance.
2. City will pay to Department and allow Department to retain Department's cost of
administering the City Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Department or to the State of California the amount of any taxes plus
interest and penalties, if any, that Department or the State of California may be required to rebate or
refund to taxpayers.
Page 88 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B
(Rev. 10/17) 7
4. City will pay to Department its costs for rebating or refunding such taxes, interest, or
penalties. Department's costs shall include its additional cost for developing procedures for processing
the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and
developing instructions for Department's staff for use in making these rebates or refunds and any other
costs incurred by Department which are reasonably appropriate or necessary to make those rebates or
refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256
of the Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting, and
personnel records currently maintained by the Department. The billings for such costs may be
presented in summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall
be referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Department in connection with such refunds shall be billed by
Department on or before the 25th day of the second month following the month in which the judgment
of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter
Department shall bill City on or before the 25th of each month for all costs incurred by Department for
the preceding calendar month. City shall pay to Department the amount of such costs on or before the
last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and
penalties refunded or paid to taxpayers, together with Department costs incurred in making those
refunds.
CITY OF ATASCADERO CALIFORNIA STATE DEPARTMENT OF
TAX AND FEE ADMINISTRATION
By By
Rachelle Rickard Administrator
City Manager Local Revenue Branch
Page 89 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B1
Page 90 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B1
Page 91 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B1
Page 92 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B1
Page 93 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B1
Page 94 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B1
Page 95 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B1
Page 96 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B1
Page 97 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 1B1
Page 98 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 2
DRAFT RESOLUTION B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO AUTHORIZING THE EXAMINATION OF
TRANSACTIONS (SALES) AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. 638 of The City of Atascadero hereinafter called District and
Section 7270 of the Revenue and Taxation Code, the District entered into a contract with the California
Department of Tax and Fee Administration (CDTFA) to perform all functions incident to the
administration and operation of the Transactions and Use Tax Ordinance; and
WHEREAS, the District deems it desirable and necessary for authorized representatives of the District
to examine confidential transactions and use tax records of the California Department of Tax and Fee
Administration pertaining to transactions and use taxes collected by the Board for the District pursuant
to that contract; and
WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain requirements and
conditions for the disclosure of California Department of Tax and Fee Administration records and
establishes criminal penalties for the unlawful disclosure of information contained in or derived from,
the transactions and use tax records of the Board;
NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS BY THE CITY
COUNCIL OF THE CITY OF ATASCADERO:
Section 1. That the City Manager, Director of Administrative Services, or other officer or employee of
the District designated in writing by the City Manager to the California Dept of Tax and Fee
Administration (hereafter referred to as the CDTFA) is hereby appointed to represent the District with
authority to examine transactions and use tax records of the CDTFA pertaining to transactions and use
taxes collected for the District by the CDTFA pursuant to the contract between the District and the
CDTFA. The information obtained by examination of CDTFA records shall be used only for purposes
related to the collection of the District’s transactions and use taxes by the CDTFA pursuant to the
contract.
Section 2. That the City Manager, Director of Administrative Services, or other officer or employee of
the District designated in writing by the City Manager to the California Dept of Tax and Fee
Administration is hereby appointed to represent the District with authority to examine those
transactions and use tax records of the Board for purposes related to the following governmental
functions of the District:
a) City administration
b) Revenue management and budgeting
c) Community and economic development
d) Business license tax administration
e) Financial Management
Page 99 of 156
ITEM NUMBER: A-6
DATE: 12/08/20
ATTACHMENT: 2
The information obtained by examination of CDTFA records shall be used only for those governmental
functions of the District listed above.
Section 3. That Hinderliter, de Llamas & Associates is hereby designated to examine the transactions
and use tax records of the California Department of Tax and Fee Administration pertaining to
transactions and use taxes collected for the District by the Department. The person or entity designated
by this section meets all of the following conditions:
a) has an existing contract with the District to examine those transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from those
transactions and use tax records only to the officer or employee authorized under Section 1 (or
Section 2) of this resolution to examine the information;
c) is prohibited by that contract from performing consulting services for a retailer during the term
of that contract;
d) is prohibited by that contract from retaining the information contained in or derived from those
transactions and use tax records after that contract has expired.
BE IT FURTHER RESOLVED that the information obtained by examination of Board records shall
be used only for purposes related to the collection of District’s transactions and use taxes by the Board
pursuant to the contracts between the District and Board.
Section 4. That this resolution supersedes all prior transactions and use tax resolutions of the City of
Atascadero adopted pursuant to subdivision (b) of Revenue and Taxation Section 7056.
Introduced, approved and adopted this 8th day of December, 2020.
ATTEST:
Lara K. Christensen, City Clerk Heather Moreno, Mayor
Page 100 of 156
ITEM NUMBER: C-1
DATE: 12/08/20
Atascadero City Council
Staff Report – Community Development Department
Tentative Parcel Map
2930 and 2945 Ramona Road
(SBDV 20-0047)
RECOMMENDATION:
The Planning Commission recommends:
Council adopt Draft Resolution approving Tentative Parcel Map AT 20-0013 including an
abandonment of a portion of Ramona Road right-of-way and dedication of new right-of-
way, based on findings and conditions of approval.
REPORT-IN-BRIEF:
The project involves a lot line adjustment, subdivision of one parcel into two parcels, the
abandonment of an unimproved portion of Ramona Road right -of-way (ROW), and
dedication of new right-of-way. The proposed lot line adjustment and abandonment of the
Ramona Road right-of-way will allow for:
1. The realignment of the public road right-of-way onto the existing Ramona Road
pavement location, and
2. Sufficient acreage to subdivide Lot 14 (2930 Ramona Road) into two parcels for
future residential development. In summary, this project will simply allow the
property owner to use the undeveloped the right-of-way, while shifting the right-
of-way onto the existing road where it belongs, correcting a pre-existing
condition.
DISCUSSION:
Background
The City received a request for tentative parcel map process (TPM) including a Lot Line
Adjustment, subdivision, and the abandonment of a portion of Ramona Road right-of-way
(ROW). The Planning Commission reviewed the project at the October 20, 2020 meeting
and recommended approval of the project by a 5-0 vote (two Commissioners were
absent). The requested abandonment is located in an area within the Residential
Suburban district adjacent to Highway 101. The portion of the ROW was created on the
Map of Atascadero Colony and has never been constructed on or used as a roadway.
Page 101 of 156
ITEM NUMBER: C-1
DATE: 12/08/20
Instead, the road was constructed adjacent to the right-of-way. This project will correct a
historical condition by bringing the right-of-way back onto the existing paved road, while
allowing the property owner to utilize the undeveloped right-of-way.
Analysis
The property to the southwest of Ramona Road contains an existing historic home and
two underlying colony lots (Lot 15 and 14A). Lot 14A currently consists of land on both
sides of the existing Ramona Road pavement as the existing road was built outside of the
recorded easement. The property to the northeast (Lot 14, and a portion of Lot 14A) is
vacant and contains the unimproved portion of Ramona Road right-of-way.
The parcels are located in the Residential Suburban zoning district where the minimum
lot size ranges from two and one-half (2.5) acres to ten (10) acres based on performance
standards. Performance standards include distance from center of community, septic
suitability, percolation rate, average slope, condition of access, and average lot sizes
within a 1,500 feet radius. The calculated minimum lot size for these parcels is 2.5 acres
based on an overall property slope that ranges between 5% and up to less than 20%. The
proposed map will correct the road alignment and allow for subdivision of the remaining
land on the east side of Ramona Road into 2 parcels of 2.50 and 3.04 acres, consistent
with City standards.
The proposed subdivision and Lot Line Adjustment acreage is summarized as follows:
Historic Lot
Areas (acres)
Proposed LLA
Areas (acres)
Proposed Subdivision Parcel
Areas (acres)
Lot 14 4.53 5.54 2.50 3.04
Lot 14A 4.48 3.59 ----- -----
Lot 15 3.34 3.22 ----- -----
Total 12.35 12.35 ----- -----
Right-of-Way Abandonment
The applicant is proposing to abandon an unbuilt portion of Ramona Road (recorded with
the original Colony Map) and dedicate new right-of-way over the existing road. The
relocated road easement (right-of-way) will correct a historical issue. The following map
shows the proposed right-of-way abandonment and dedication.
Page 102 of 156
ITEM NUMBER: C-1
DATE: 12/08/20
Ramona Road Existing Conditions
There are specific findings that need to be made to abandon the unbuilt portion of
Ramona Road. The City must find that:
1. The abandonment is consistent with the Circulation Element of the City’s General Plan.
2. Right-of-way to be abandoned is deemed excess right-of-way and no longer
required by the public.
While Ramona Road is shown on the Circulation Element, Figure III -2 (General Plan
Circulation Diagram), this unused portion of Ramona Road right-of-way is not needed if
right-of-way is dedicated over the existing road alignment to ensure that Ramona Road
is contiguous. In addition, the abandonment does not conflict with Policy 2.1 Program 4
of the City’s Circulation Element since a potential trail in this location is not practicable or
desired. Therefore, both findings can be made.
Because this abandonment is part of a Parcel Map that includes dedication of new right -
of-way, the City does not need to follow the State and Highways code (Section 8331)
process for summary vacation, however, it is important to note that these findings, while
not required, can still be met, including:
(a) For a period of five consecutive years, the street or highway
has been impassable for vehicular travel.
(b) No public money was expended for maintenance on the street
or highway during such period.
Proposed ROW
Abandonment
Proposed ROW
Dedication over
existing road
Page 103 of 156
ITEM NUMBER: C-1
DATE: 12/08/20
Access
With the corrected alignment of Ramona Rd, all resulting parcels will be served by
Ramona Road with the exception of Lot 15, which is accessible from the unbuilt portion
of San Benito Road that runs along the property line boundary of Lots 14A and Lot 15.
Future development of this parcel will require construction of the unbuilt right -of-way along
the property frontage and connecting to Ramona Rd.
San Benito Road Detail
Conclusion
The proposed Tentative Parcel Map, which includes a right-of-way abandonment and
dedication of new right-of way will correct a historic alignment issues with the existing build
portion of Ramona Road and allow for an additional parcel to be created. All proposed
parcels meet City standards for minimum lot size. If the City Council approves the tentative
map, the final map will be brought back for final approval and completion of the road
abandonment and map recordation process. The Planning Commission reviewed the
project and recommended approval, determining that all findings can be made.
ENVIRONMENTAL DETERMINATION:
The proposed project is Categorically Exempt (Class 15315) from the provisions of the
California Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000,
et seq.) pursuant to Section 15315, because it is considered a minor land division of four
(4) or fewer parcels on slopes less than twenty (20) percent.
Unbuilt Portion of
San Benito Road Existing Ramona
Road
Page 104 of 156
ITEM NUMBER: C-1
DATE: 12/08/20
FISCAL IMPACT:
Approval of the map creating one additional residential unit will have a slight negative
fiscal impact on the City. The cost to provide services to a residential unit typically
outpaces the expected taxes and revenue generated by the residential unit.
ALTERNATIVES:
1. The City Council may recommend modifications to the project and/or conditions of
approval for the project. Any proposed modifications including conditions of
approval, should be clearly stated in the motion.
2. The City Council may determine that more information is needed on some aspect of
the project and may refer the item back to the applicant and staff to develop the
additional information. The City Council should clearly state the type of information
that is required. A motion, and approval of that motion, is required to continue the item.
3. The City Council may deny the project. The Council must specify what findings
cannot be made, and provide a brief oral statement, based on the Staff Report,
oral testimony, site visit, correspondence, or any other rationale introduced and
deliberated by the City Council.
ATTACHMENT:
Draft Resolution
Page 105 of 156
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
12/08/20
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP AT 20-0013, INCLUDING AN ABANDONMENT OF A
PORTION OF RAMONA ROAD RIGHT-OF-WAY AND DEDICATION OF
NEW RIGHT-OF-WAY, BASED ON FINDINGS AND
CONDITIONS OF APPROVAL
2930 AND 2945 RAMONA ROAD
(APN 049-212-001, 049-211-038)
MILLER
WHEREAS, an application has been received from Viki and Nick Miller, 2930 Ramona
Road, Atascadero, CA 93422 (Owner) and Granite Ridge Development, 8679 Santa Rosa Road,
Atascadero, CA 93422 (Applicant) to consider the abandonment of a portion of Ramona Road that
is located within a residential property, a lot line adjustment, and subdivision of parcel (project)
through the approval of Tentative Parcel Map at 2930 Ramona Road (APN 049-212-001) and 2945
(APN 049-211-038) Ramona Road and
WHEREAS, the site’s current General Plan Designation Residential Estate (RE); and
WHEREAS, the site’s current zoning district is Residential Suburban (RS); and
WHEREAS, the minimum lot size within the RS zoning district is 2.5 to 10 acres
consistent with performance standard in the Atascadero Municipal Code; and
WHEREAS, the existing site has a combined gross area of 12.35 acres; and
WHEREAS, the project includes the abandonment of an unbuilt portion of the Ramona
Road right-of-way and dedication of new public right-of-way over the existing roadway location
as part of the Tentative Parcel Map; and
WHEREAS, with the dedication of new public right-of-way, the proposed road
abandonment is in conformance with the Circulation Element of the General Plan and all other
applicable General Plan policies; and
WHEREAS, the portion of the right-of-way to be abandoned has never been improved
and has been impassable for vehicular travel for a period of five consecutive years and no public
funds have been expended for maintenance on the subject right-of-way during such period; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the state and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
Page 106 of 156
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
12/08/20
1
WHEREAS, a timely and properly noticed Public Hearing upon the subject project was
held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and
documentary, was admitted on behalf of said Master Plan of Development; and
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public
Hearing held on October 20, 2020, studied and considered Tentative Parcel Map 20-0047 (AT 20-
0013), after first studying and considering the Findings of Fact prepared for the project.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. Recitals. The above recitals are true and correct.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, at a Public Hearing
held on December 8, 2020, considered the proposed project.
SECTION 3. Facts and Findings. The City Council makes the following findings, determinations
and approvals with respect to the Tentative Parcel Map:
Tentative Parcel Map:
1. The proposed subdivision, together with the provisions for its design and improvement,
is consistent with the General Plan (Government Code§§ 66473.5 and 66474(a) and
(b)).
Fact: The General Plan designation for the site is Residential Estate with a two and a half-acre
minimum lot size (RE) based on performance standards. The lots created will each be a
minimum of 2.5 acres (gross) and comply with performance standards in the Atascadero
Municipal Code. They will also have a General Plan designation of Residential Estate.
2. The site is physically suitable for the type of development (Government Code§
66474(c)).
Fact: The lots are located along a minor arterial road with utilities, excepting the City sewer,
available. The site is surrounded single-family residential properties and open space. The
topography is gently sloped (less than 20% grade) and no development is proposed.
3. The site is physically suitable for the proposed density of development (Government
Code § 66474(d)).
Fact: The proposed lots are a minimum of two and a half acre in size. Under current standards,
each lot could have a primary residence, accessory dwelling unit, and two detached accessory
structures. The topography and suitable soil conditions can support the proposed maximum
density if development was proposed.
4. The design of the subdivision or the proposed improvements will not cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their
habitat. (Government Code § 66474(e)), and
Page 107 of 156
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
12/08/20
1
Fact: The proposed project will effect two parcels, one that is vacant and one that currently
contains existing residential structures. Both parcels do not have significant tree coverage or
water drainage features that might support fish or significant wildlife habitat. The parcels are
located adjacent to Graves Creek. Future residences are subject to post-construction
stormwater and creek setback requirements that will prevent significant impact to water
drainage and creek areas. Additionally, the project will utilize existing roads and will not affect
the drainage pattern of the neighborhood.
5. The design of the subdivision or the type of improvements will not cause serious health
problems. (Government Code § 66474(f)), and
Fact: Future development of single-family residences will not cause serious health problems.
6. The design of the subdivision will not conflict with easements for access through or
use of property within the proposed subdivision. (Government Code § 66474(g)), and
Fact: The proposed subdivision includes a right-of-way abandonment of an unconstructed
portion of Ramona Road. The projects includes a new right-of-way dedication for the
constructed portion of Ramona Road that shall be offered to the public in perpetuity. San Benito
Road right-of-way exists on the northern and western boundaries of the parcels. The
subdivision will not conflict with this right-of-way. Therefore, the design of the subdivision
will not conflict existing easements.
7. The installation of any public improvements deemed necessary prior to recordation of
a Final Map is in order to insure orderly development of the surrounding area
(Government Code § 66411.1(b)(2), and
Fact: The map contains conditions as shown in Exhibit A to allow for future public
improvements within the new right-of-way dedication and all conditions shall be met prior to
recordation of a Final Map.
8. The subdivision and subsequent development will be accomplished without detriment
to adjacent properties, and
Fact: The neighborhood consists of a range of lot sizes that have been subdivided over time.
The creation of an additional lot could increase residential density by up to one primary
residential unit. Surrounding parcels range in size from less than a quarter acre to nearly twelve.
Road Abandonment:
1. The abandonment is consistent with the circulation element of the City’s General Plan.
Fact: The abandonment would not conflict with Policy 2.1 Program 4 of the City’s
Circulation Element as the abandonment would not be appropriate for a potential trail
location. Ramona Road is identified as a City-maintained road, however the
realignment of the right-of-way is offered for dedication on the constructed portion of
Ramona Road allows for a contiguous roadway.
2. Right-of-way to be abandoned is deemed excess right-of-way and no longer required by
the public.
Page 108 of 156
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
12/08/20
1
Fact: The applicant is proposing to abandon an unbuilt portion of Ramona Road and
dedicate new public right-of-way over the existing road alignment. With the dedication,
the unbuilt portion is not needed for public vehicular or pedestrian. The proposed lo t
line adjustment ensures that all resulting parcels abut a public right-of-way for access.
SECTION 4. CEQA. The proposed map qualifies for a Categorical Exemption from the
California Environmental Quality Act (CEQA), Public resources Code Section 2100 0 et seq.,
Section 15315: Minor Land Divisions.
SECTION 5. Approval. The City Council of the City of Atascadero, in a regular session
assembled on December 8, 2020 resolved to approve Parcel Map AT 20-0013 including an
abandonment for a portion of the Ramona Rd right-of-way and dedication of new public right-of-
way subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Tentative Parcel Map
EXHIBIT C: Road Abandonment Detail
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero,
State of California, held on this ___ day of ________, 2020 by the following vote:
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 Pierik, City Attorney
Page 109 of 156
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
12/08/20
1A
Exhibit A: Conditions of Approval
SBDV20-0047
Conditions of Approval
Tentative Parcel Map
2930 and 2945 Ramona Road
SBDV 20-0047 / AT 20-0013
Timing
BL: Business License
FM: Final Map
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Planning Services
1. The project approval becomes effective fourteen (14) days following the Planning Commission
approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b)
of the Zoning Ordinance.
Ongoing
2. Approval of this Tentative Parcel Map shall be valid for a period of twenty-four (24) months from the
date of City Council action, consistent with Section 66452.6(a)(1) of the California Subdivision Map
Act.
FM
3. The approved Tentative Parcel Map may be extended consistent with Section 66452.6(e) of the
California Subdivision Map Act. Any requested map extension shall be consistent with Section 11-
4.23 of the Atascadero Municipal Code.
FM
4. The Community Development Department shall have the authority to approve minor changes to the
project that (1) result in a superior site design or appearance, and/or (2) address a construction
design issue that is not substantive to the Tentative Parcel Map.
FM
5. The Subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents,
officers, and employees against any claim or action brought to challenge an approval by the City,
or any of its entities, concerning the subdivision.
Ongoing
6. The Subdivider shall pay all applicable Quimby Act fees to the City in accordance with the fee
schedule and policies in effect at the time of subsequent applications.
FM
Engineering
7. Documents that the City of Atascadero requires to be recorded concurrently with the Map (e.g.:
easements not shown on the map, common driveway agreements, etc.) shall be listed on the
certificate sheet of the map.
FM
8. The City of Atascadero may require an additional map sheet for information purposes in
accordance with the Subdivision Map Act.
FM
9. Easements that are not intended to continue in perpetuity shall not be shown on the Parcel Map
and shall be recorded by separate instrument.
FM
10. The Parcel Map shall include a new right-of-way dedication to the public for the constructed
portion of Ramona Road right-of-way to the satisfaction of the City Engineer.
FM
11. The new right-of-way alignment within the subject property shall be a minimum of 40-feet in width
and shall provide sufficient space to allow for a future road shoulder, four feet wide from the edge
of pavement, to the extent feasible and to the satisfaction of the City Engineer.
FM
12. The Subdivider shall be responsible for the placement of monuments in accordance with City
Standards, to the satisfaction of the City Engineer. Type and placement of monuments shall be
determined by the City Engineer.
FM
13. The new right-of-way shall be offered to the public in perpetuity. FM
Page 110 of 156
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
12/08/20
1A
Conditions of Approval
Tentative Parcel Map
2930 and 2945 Ramona Road
SBDV 20-0047 / AT 20-0013
Timing
BL: Business License
FM: Final Map
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
14. The right-of-way abandonment shall be perfected upon recordation of the Parcel Map. FM
15. Prior to recording the Map, the Applicant shall have the map reviewed by the public utility
providers for power, telephone, gas, cable TV, and the Atascadero Mutual Water Company. The
Applicant shall obtain a letter from each utility company stating that the easements and r ights-
of-way shown on the map for public utility purposes are acceptable
FM
Page 111 of 156
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
12/08/20
1B
Exhibit B: AT 20-0013
Page 112 of 156
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
12/08/20
1C
Exhibit C: Road Abandonment Detail
Page 113 of 156
ITEM NUMBER: C-2
DATE: 12/08/20
Atascadero City Council
Staff Report – Public Works Department
2021 Community Development Block Grant
Draft Recommendations
RECOMMENDATION:
Council develop and adopt draft recommendations for the 2021 Community Development
Block Grant (CDBG) funds.
DISCUSSION:
Background
The 2021 CDBG award process began in the fall of 2020. Workshops were held
throughout the County to solicit public comment on community needs. The County
published a request for CDBG proposals and the City received nine applications. Total
available funding for the 2021 cycle, based on previous levels, is anticipated to be
approximately $144,792. Final funding amounts are anticipated to be released by the
Department of Housing and Community Development (HUD) in spring 2021.
CDBG funds are available for community development activities, which meet at least one
of the three national objectives:
1. A benefit to low and moderate-income persons;
2. Aid in the prevention or elimination of blight;
3. Address urgent needs that pose a serious and im mediate threat to the health or
welfare of the community.
In order for a program to qualify under the low and moderate in come objective, at least
51% of the persons benefiting from the project or program must earn no more than 80%
of the area median. Additionally, at least 70% of the CDBG funds must be spent toward
this objective.
There is a minimum award threshold of $8,000 per project, meaning the City can only
allocate less than $8,000 for a particular public service activity if another agency in the
County commits to programming the remainder to equal a Countywide cumulative total
of at least $8,000. This will apply to the 2021 application from the 5 Cities Homeless
Coalition for $2,200 and CASA’s application for $2,500.
Page 114 of 156
ITEM NUMBER: C-2
DATE: 12/08/20
The following criteria should also be used to guide selection of CDBG programs:
1. The proposal is consistent with the national objectives and eligibility criteria of
the HUD CDBG program;
2. The proposal is consistent with the Urban County Consolidated Plan;
3. The proposal is consistent with the General Plan and other City
codes/ordinances.
4. The proposal will achieve multiple community development objectives;
5. The proposal can be implemented in a timely manner, without significant
environmental, policy, procedural, legal, or fiscal obstacles to overcome; and
6. The project is not financially feasible without CDBG funding.
Analysis
The City received the following applications for the 2021 funding cycle:
Public Facilities (PF) and Housing Projects (HP) – Estimated 2021 Allocation
$94,115
City of Atascadero – Viejo Camino (PF) $110,000
Family Care Network, Inc. – Sombrilla Transitional Housing (PF) 35,000
Peoples’ Self Help Housing – Del Rio Ridge (HP) 144,792
The Salvation Army – Permanent Supportive Housing II (HP/PF) TBD
Public Services – Limited to 15% of 2021 Allocation ($21,719)
City of Atascadero – Youth Activity Scholarships 12,500
El Camino Homeless Organization (ECHO) – Operation of Homeless Shelter 13,000
Court Appointed Special Advocates–Foster Child Intervention to Avert Homelessness 2,500
5 Cities Homeless Coalition – Subsistence Payments, Homeless Assistance & Security
Deposits
2,200
Peoples’ Self Help Housing – Supportive Housing Program 14,825
Administration – Limited to 20% of 2021 Allocation ($28,958)
City Program Administration Costs 10,135
County Program Administration Costs 18,823
Total Funds Requested $363,775
Atascadero received four applications for Public Facilities/Housing Projects totaling
$289,792, which exceeds the estimated allocation of $94,115 by $195,677. There are
five applicants for public services funding with the requests totaling $45,025, exceeding
the estimated public service allocation of $21,719 by $23,306. As part of the CDBG
process, Council must develop a draft recommendation for the 20 21 grant year that meets
the funding criteria while adhering to the categorical limits.
Upon approval, the draft funding recommendations will be forwarded to the County for
publishing along with recommendations from all participating agencies. A minimum of 30
days after publication, a second workshop will be held to allow questions from applicants
regarding the draft recommendations, after which the draft allocations will be forwarded
to City Council, with comments from the workshop, for final approval and forwarded to the
County Board of Supervisors. The following is a brief explanation of the funding groups
and applications within each:
Page 115 of 156
ITEM NUMBER: C-2
DATE: 12/08/20
PUBLIC FACILITIES (PF) & HOUSING PROJECTS (HP) 2021 Funds Available: $94,115
Public Facilities are defined as activities relating to real property, including the acquisition,
construction, rehabilitation or installation of public improvements.
City of Atascadero – Viejo Camino Barrier Removal Project (PF)
Funds Requested: $110,000
The project consists of approximately 450 linear feet of sidewalk, curb and gutter infill at
two locations on Viejo Camino between El Camino Real and Halcon Road. The sidewalk
infill will provide connection to a regional bus stop, and will provide a new bench and
shelter for riders.
1. Location 1 proposes approximately 300 linear feet of 5’ wide concrete sidewalk,
curb and gutter, and a bus pullout, bench and cover. Improvements would be built
along the edge of the existing roadway on what is currently a dirt shoulder.
2. Location 2 proposes to construct approximately 150 linear feet of 5’ wide concrete
walkway connecting the existing sidewalk on the eastern edge of Viejo Camino
with the parking lot and walkway surrounding Paloma Park.
Family Care Network, Inc.(FCNI) – Sombrilla Transitional Housing (HP)
Funds Requested: $35,000
Sombrilla Transitional Housing is a four-unit complex constructed in the 1970’s with little
to no improvements made in kitchens and bathrooms since construction. The property is
operated under a contract between FCNI and the San Luis Obispo County Department
of Social Services, which provides for only immediate maintenance needs and
deficiencies that affect the safety of tenants. The top priority is the replacement of
cabinetry in kitchens and bathrooms that have exceeded their useful life, and the
replacement of countertops and flooring that are well worn and out of date. Associated
flooring and fixtures will be replaced as needed with durable products to reduce future
maintenance costs. The updates will ensure the units remain available for homeless
families in the future.
(FCNI also requested $35,000 from SLO County in Title 29 funds – only one award
needed)
Peoples’ Self Help Housing (PSHH) – Del Rio Ridge (HP)
Funds Requested: $144,792
PSHH is proposing to develop an affordable multi-family residential apartment project on
a 1.95-acre project site located east of Highway 101 and accessed off El Camino Real
(2455 El Camino Real / APN 049-151-056) in Atascadero. The project will provide 42
units, which will be 100% affordable. The apartments will range from 1, 2, and 3 bedroom
units. The project will target income levels of extremely low, to low income.
Page 116 of 156
ITEM NUMBER: C-2
DATE: 12/08/20
Amenities would include a 3,865 square foot community room with a kitchen,
multipurpose room, laundry facilities, restrooms, and office space for the onsite manager
and resident supportive services. Other amenities will include a courtyard with children’s
play equipment and a basketball court.
CDBG funds will be used for property acquisition. The City of Atascadero has committed
$400,000 in In-lieu funds and PSHH is working with the Housing Trust Fund to secure an
additional $1,000,000 toward the project. The total project budget is $15,025,560.
The Salvation Army (TSA) – Permanent Supportive Housing II (HP/PF)
Funds Requested: $TBD
CDBG funding will be used for the acquisition of a four-unit permanent supportive housing
program for homeless single adults who require long-term support to avoid returning to
homelessness. In the 2020 CDBG grant year, San Luis Obispo County approved a similar
TSA project, awarding $247,380 for the acquisition of property. The 2021 project would
purchase another house creating four more units of permanent supportive housing, for a
total of eight housing units.
The primary use of CDBG funds would be the purchase of a house priced at
approximately $600,000. Other activities, for both houses, would consist of hiring a
Project Coordinator, publicizing the availability of the houses , accepting residents and
operating each house as supportive housing for residents .
TSA submitted 2021 CDBG applications to San Luis Obispo County, Arroyo Grande,
Atascadero, Morro Bay, Paso Robles, Pismo Beach, and the City of San Luis Obispo for
a cumulative request of $300,000 for a portion of acquisition costs. TSA has secured a
private donation match up to $300,000 for property acquisition, upon CDBG grant
approval. Additional funding of $50,000 is available through a private donation to cover
various costs to bring the house “on-line” (e.g., closing costs, minor rehabilitation if
needed, furniture, etc.).
(Per County staff, TSA doesn’t have the funding or resources to provide oversight of this project)
PUBLIC SERVICES – (15% cap) 2021 Funds Available: $21,719
CDBG regulations allow for a wide range of public service activities, including, but not
limited to: employment services, crime prevention, childcare, health services, substance
abuse services, fair housing counseling and recreational services.
City of Atascadero – Youth Activity Scholarship Fund
Funds Requested: $12,500
The City administers the Youth Activity Scholarship Fund to allow the children of very low
and low-income families to participate in recreational and social activities, to keep children
active and engaged. Because this program is limited to very-low and
low-income families, the benefit criteria will be met.
Page 117 of 156
ITEM NUMBER: C-2
DATE: 12/08/20
Every youth serving organization in Atascadero has received requests for assistance in
paying registrations or enrollment fees for their activities. Many families are unable to
afford fees that usually range from $35 per child to $300 per chi ld. Applications have
grown dramatically over the past several years, but the need has been more acute in the
last couple of years. These children would not be able to participate in the activities that
promote self-esteem, feelings of community, friendships, health, etc. if they are not
provided with financial aid.
El Camino Homeless Organization (ECHO) – Operation of Homeless Shelter and Meals
Funds Requested: $13,000
El Camino Homeless Organization maintains 50 emergency and transitional shelter beds,
housing 200 adults and children each year from throughout San Luis Obispo County.
ECHO is now a 24/7 shelter, accessible to residents during daytime hours to shelter in
place during the pandemic while conducting job and housing searches. This also al lows
children at the shelter to participate in remote schooling. In addition to the physical shelter,
staff provides the case management and supportive services needed for clients to
increase their income and secure permanent housing.
This project will provide funding to maintain ECHO’s daily operations. Due to the
pandemic, ECHO’s community dinner program changed to a “to-go” meal and the shower
program for unsheltered homeless residents has been expanded to five days per week.
ECHO worked with the County and cities to ensure safety at the shelter and plan for
possible outbreaks, while expanding local services for the unsheltered homeless
population. The goal of the project is to continue to house at least 110 people in ECHO’s
Atascadero transitional/emergency shelter (more if COVID-19 restrictions are lifted) and
to provide outreach from the shelter to 235 unsheltered homeless annually through the
dinner meal and shower program.
The shelter operates 365 days/year, 24 hours a day, providing a safe space for residents
with electricity, heat, water, and sewer. This is especially critical during the pandemic,
with increased demands for a place to stay clean and sheltered.
ECHO is taking over the operation of a warming shelter in Atascadero that will serve
approximately 45 people this winter during the pandemic and potentially more each
season once pandemic health restrictions end.
Peoples’ Self Help Housing (PSHH) – SLO County Supportive Housing Program
Funds Requested: $14,825
PSHH will provide clinical social services and case management through the San Luis
Obispo County Supportive Housing Program (SHP), developing personalized wrap-
around services for those living at PSHH’s 26 affordable, sliding-scale rental properties
in the County. Most households are certified as very-low-income at time of move-in,
meaning they earn 50% or less of Area Median Income . Free confidential services are
provided by licensed and associate clinical social workers with a master’s degree in social
services. Throughout the pandemic, SHP has helped residents find resources to offset
the COVID-19 health and economic impacts on low-income and Hispanic households.
Page 118 of 156
ITEM NUMBER: C-2
DATE: 12/08/20
PSHH will provide continued services at PSHH properties throughout San Luis Obispo
County, including COVID-19 Wellness Checkups. SHP will serve approximately 609
households through over 3,500 hours of clinical social work and case management.
Court Appointed Special Advocates (CASA) of SLO – Foster Child Intervention to Avert
Homelessness
Funds Requested: $2,500
Project funding will be used to recruit, train, and supervise lay people from the community
who volunteer to advocate for an abused child, one on one, until the child is reunified with
parents or otherwise finds a permanent placement. A CASA volunteer remains connected
to the child through the changing of home placements or schools. Each volunteer relies
upon a paid CASA Advocate Supervisor for professional guidance in navigating the
terminology, legal proceedings, educational rights, social service systems, and resources
of the child welfare system.
When a child enters the court’s care, they are typically assigned to CASA at the same
moment. When an appropriate volunteer is available, the judge assigns the volunteer to
immediately begin reviewing all available information concerning that child (court
documents, medical & educational files, and reports from therapists, social workers & law
enforcement). In addition to visiting the child weekly (virtually during a pandemic), the
CASA volunteer consults regularly with everyone associated with the child: teachers,
doctors, dentists, attorneys, foster parents, and group home personnel. The CASA
volunteer also attends meetings at the child’s school. In 2019, CASA volunteers devoted
32,318 hours to SLO children. CASA delivers individual, focused, long-term attention to
a child in the court’s care.
5 Cities Homeless Coalition (5CHC) – Subsistence Payments, Homeless Assistance &
Security Deposits
Funds Requested: $2,200
This program provides emergency subsistence and deposit payments, with case
management services. These emergency subsistence payments (rental assistance) and
deposits will be provided for those who are homeless or at risk of becoming homeless.
Services assist the homeless and those at risk of homelessness to develop a housing
stability plan, and provide short-term emergency homeless prevention rental assistance
or move-in deposits.
This program will be augmented by other services also provided by 5CHC, including
benefits determination and streamlining access, client resource center (mailing address,
computer access, printer, phone, internet), transportation and utilities assistance, family
reunification opportunities, and documentation assistance.
The investment in housing subsidies for deposit, and rent for eviction prevention
addresses the challenges of homelessness, and preventing homelessness.
Page 119 of 156
ITEM NUMBER: C-2
DATE: 12/08/20
ADMINISTRATION – (20% cap) 2021 Funds Available: $28,958
City of Atascadero – CDBG Program Administration- (7% cap)
Allocated Funds: $10,135
Significant City staff time from Public Works and Administrative Services is required for
CDBG administration, and coordination with County Planning staff. The City’s
administrative portion of the funding c annot exceed 7%, or $10,135 of the total
administrative grant amount.
If administration costs exceed the funding allocation, the remaining cost of administering
the program will need to be paid from the general fund.
County of San Luis Obispo – CDBG Program Administration- (13% cap)
Allocated Funds: $18,823
Due to the complexity of grant administration responsibilities and the consequences of
non-compliance, HUD recommends that the County provide all monitoring and oversight
for all CDBG grants. The County assumes the duties of project oversight, and receives
a required 13% of the total grant funds for administration services for Atascadero in the
amount of $18,823.
Conclusion
The City received funding requests for approximately $218,983 (this does not include
TSA amount) more than the anticipated 2021 available CDBG funding. In addition, there
are limits related to categories of funding for Public Services and Administration. As part
of the CDBG process, Council must develop a draft recommendation for the 2021 grant
year that meets the funding criteria while adhering to the category limits. A final
recommendation will be made by Council in March 202 1.
FISCAL IMPACT:
Approval of Atascadero’s total 2021 CDBG allocation would result in the estimated
revenue and expenditure of $144,792 of CDBG funds.
ALTERNATIVES:
CDBG allocation awards must meet program requirements, providing a minimum of 70%
of funding to benefit low- and moderate-income persons, and no more than 15% may be
allocated to the public service category.
ATTACHMENTS:
None.
A complete packet of submitted applications is available for public review at the City of
Atascadero, Public Works Department, 6500 Palma Avenue.
Page 120 of 156
ITEM NUMBER: D-1
DATE: 12/08/20
Atascadero City Council
Staff Report - City Manager’s Office
Confirm the Appointment of
Police Chief
RECOMMENDATION:
Council concur and confirm the appointment of Robert (Bob) Masterson as
Atascadero’s new Police Chief.
DISCUSSION:
With the retirement of former Police Chief Jerel Haley in October, the position of Police
Chief was left temporarily vacant. After Chief Haley’s retirement was announced earlier
this year, the City began a nationwide recruitment process to locate a highly qualified
law enforcement candidate to fill the position. The process included the thorough review
of numerous applications, an extensive interview panel process as well as in -depth
background and reference checks. Upon the conclusion of th at recruitment process and
after thorough review, Robert (Bob) Masterson, who currently serves as Police Chief for
King City, was selected to fill the vacant position.
Per the Atascadero Municipal Code:
“The City Manager shall be the appointing authority for all officers and em ployees
of the City except elective officers, the City Attorney, and persons appointed by
the City Council to the Planning Commission or other boards, commissions and
committees who are not salaried regular employees of the City. Appointment to
department head positions shall be submitted to the City Council for concurrence
and confirmation. (Ord. 24 § 2-2.08, 1980)
Chief Masterson is a professionally recognized police executive with experience
spanning over 34 years in small and mid-sized law enforcement agencies. He has
organizational leadership experience and a proven community outreach background
that are both key to success in the Chief’s role. His experience also demonstrates a
history of building community relationships and business partnerships to f oster trust and
cooperation between the members of the department and the community.
Page 121 of 156
ITEM NUMBER: D-1
DATE: 12/08/20
Chief Masterson began his law enforcement career with the Tulare County Sheriff’s
Department, where he was hired in 1986 to serve as a Deputy Trainee and progressed
through the ranks to the position of Police Lieutenant. While in his tenure to that
department, he served key roles including that of detective, internal affairs sergeant and
leader of the gang suppression unit.
After leaving the Tulare County Sheriff’s Depa rtment, Masterson served as director of a
faith-based non-profit organization that provides gang prevention and other services to
at-risk youth, and was Chief of Police for the College of Sequoias Community College
District, receiving their Administrator of the Year Award.
Chief Masterson has served as Police Chief for King City since 2016, where he has
played an integral role in that city’s Comprehensive Plan to End Youth Violence with
highly dramatic results, helping to reduce gang violence and improve crime statistics by
a tremendous measure. In addition, he has successfully guided advancements in the
King City Police Department, greatly improving community relations as well as
department morale and turning it from dysfunction into the professional organization it is
today. Chief Masterson has received high marks from city management for his
tremendous performance and achievements within the department, their community and
the city, in addition to receiving a Congressional Commendation Letter for violent crime
reduction in King City, together with State Assembly and Senate letters of
commendation for milestone achievement in King City.
FISCAL IMPACT:
The Police Chief’s monthly salary of $13,466.96 at Step E is included in the Police
Department budget for fiscal year 2020-2021.
ATTACHMENTS:
1. Bob Masterson Resume
2. Draft Chief of Police Employment Agreement
Page 122 of 156
1 | P a g e
Robert E. Masterson
Professionally recognized, successful police executive with over 34 years of widely varied
experience in small and mid-sized agencies. A proven track record in organizational leadership
and development of community outreach programs with strong traits in ethics and integrity.
PROFESSIONAL EXPERIENCE
King City July 2016- Present
Chief of Police
• Successfully leading 21 member police department (17 sworn)
• Developed, implemented, and completed a three-year strategic plan resulting in the significant
reduction of violent crime
• Established Monterey South County Major Crimes Collaborative Investigations Unit
• Established Police Chiefs Advisory Committee
• Introduced Community Oriented Policing
• Significantly increased department morale resulting in the ability to maintain full staffing and
decrease turnover
• Maintained and enhanced services through deficit budget years
• Improved department relations with community & civil rights groups
• Established Youth Diversion Program
• Significantly improved press relations with the department
• Researched and implemented new technology for the department such as the first weapons
mounted camera system implemented in a California agency
• Established Community Police Academy
• Maintain professional working relationship with the City Manager, City Council and community
groups
College of the Sequoias Community College District July 2008- July 2016
Chief of District Police
• Oversaw, planned, and coordinated district wide Law Enforcement and Parking Services. District
campuses covered area in two counties and three cities.
• Planned and implemented the public safety for the three sites of the district to ensure the safety
and protection of the public and protection of assets
• Liaison between the district and allied agencies to include local, state and federal law
enforcement.
• Developed, implemented and administered memorandum of understandings for mutual aide with
local and state governments.
• Oversaw the collection of crime statistics for the purpose of deployment of staff and for the
purpose of preparing state and federal reports to Department of Justice and Department of
Education.
Reaching Youth (Non-Profit) January 2007- June 2008
Executive Director
• Assured that the organization had a long-range strategy to achieve its mission.
• Provided leadership in developing program, organizational and financial plans with the Board of
Directors and staff.
• Maintained official records and documents, and ensured compliance with federal, state and local
regulations.
ITEM NUMBER: D-1
DATE: 12/08/20
ATTACHMENT: 1
Page 123 of 156
2 | P a g e
• Maintained a working knowledge of significant developments and trends in the field.
• Ensured that the board was kept fully informed on the condition of the organization and important
factors influencing it.
• Developed and maintained sound financial practices.
• Created programs and activities for at risk youth in Visalia to guide them into positive life choices
Tulare County Sheriff’s Department December 1986-January 2007
Lieutenant 2001-2007
Court Services Commander
• Wrote accepted contract between the Tulare County Sheriff’s Department and the State of
California Superior Court
• Managed $3.7 million budget for Court Security
• Managed Sheriff’s Civil Division and Transportation Unit
• Oversaw 65 Line staff and 6 supervisory positions
Men’s Correction Facility Commander
• Oversaw 52 Line staff and 8 supervisory positions
• Managed Residence Substance Abuse Treatment Program
• Managed Day Report/ Work Alternative Program
Porterville Sub-station Commander
• Oversaw 45 Line staff and 5 supervisory positions
• Liaison for Sheriff’s Department and 4 allied agencies
• Managed 3 contracts for services with US Parks Service and Army Corps of Engineers,
maintaining compliance with each contract and services
Street Crimes Investigations Commander
• Oversaw 23 line staff and 4 supervisory positions
• Special Weapons and Tactics Commander
• Managed 3 Federal grants and 2 State grants
• Oversaw Rural Crimes Task Force, Gang Suppression Unit and Marijuana Suppression
Eradication
Sergeant 1998-2001
Internal Affairs
• Investigated citizen’s complaints regarding staff
• Investigated alleged policy violations by Sheriff Department staff
• Assisted County Counsel with all claims and lawsuits against Sheriff’s Department staff
• Tracked all traffic accidents and conducted Collision Committee Meetings
Main Jail
• Supervised daily shift activity
• Maintained daily count in compliance with court order
• Trained and supervised new staff
• Maintained and managed shift schedule for entire facility
• Developed Millennium Disaster plan for Main Jail
Deputy Sheriff
• Detectives 1996-1998
• Swat Team Leader 1997/1998
• Field Training Officer 1993-1996
• Patrol Deputy 1989-1993
• Jail Deputy/ Deputy Trainee 1986-1993
ADDITIONAL RESPONSIBILITIES
• Search and Rescue Sergeant/Lieutenant 1997-2007
• Law Enforcement Memorial Committee
• Established Baker to Vegas Relay Race Team 1996/Team Captain 1996/1997
ITEM NUMBER: D-1
DATE: 12/08/20
ATTACHMENT: 1
Page 124 of 156
3 | P a g e
AWARDS AND COMMENDATIONS
• Congressional Commendation Letter for violent crime reduction in King City
• State Assembly and Senate letters of commendation for milestone achievement in criminal
shootings in King City
• College of Sequoias Administrator of the Year Award 2016
EDUCATION:
• Bachelor of Science, Criminal Justice Management
Union Institute and University
CERTIFICATES
• Executive Certificate California Peace Officer Standards and Training
• Management Certificate California Peace Officer Standards and Training
• Supervisory Certificate California Peace Officer Standards and Training
• Advanced Certificate California Peace Officer Standards and Training
• Intermediate Certificate California Peace Officer Standards and Training
• Basic Certificate California Peace Officer Standards and Training
PROFESSIONAL AFFILIATIONS
• Current Board Member Pro-Youth
• California Police Chiefs Association
• Monterey County Chief Law Enforcement Officers Association
• Monterey County Communications Operations Board Member
• Monterey County Community Corrections Board AB 109 Oversite
• Member King City Homeless Coalition
• Past President Tulare County Chief’s Association
• Past Board Member, Visalia Emergency Aid
• Past Homeland Security Grant representative for Tulare County Chiefs Association
• Past Area Representative for Community Colleges and University Police Chiefs Association
• Past President of Fellowship of Christian Peace Officers, Visalia Chapter
• Past Member Tulare Regional Auto Theft Taskforce (TRATT) Over-site Board Member
• Founder and Past Coordinator for Tulare County Chiefs Law Enforcement Critical Incident Stress
Management Team
• Past board member Visalia Emergency Aide
• Past member Tulare County Gang Task Force Oversight
DOCUMENTATION AND REFERENCES
Documentation and references for all assignments and accomplishments as well as personal and
professional references available upon request
ITEM NUMBER: D-1
DATE: 12/08/20
ATTACHMENT: 1
Page 125 of 156
ITEM NUMBER: D-1
DATE: 12/08/20
ATTACHMENT: 2
EMPLOYMENT AGREEMENT
THIS AGREEMENT, (hereinafter referred to as the “Agreement”) is made and entered
into the XXth day of _______________, 2020, by and between the City of Atascadero,
County of San Luis Obispo, State of California, a municipal corporation (hereinafter
referred to as the “City”) and Robert (Bob) Masterson (hereinafter referred to as
“Masterson”).
SECTION 1 EMPLOYMENT
A. The City agrees to and shall employ Masterson as the Chief of Police of the City of
Atascadero. Masterson agrees to perform the functions and duties of the position
of Chief of Police of the City of Atascadero as described by state law, the Municipal
Code of the City of Atascadero, the job description of the position of Chief of Police
as developed by the City Manager of the City, and all other duties and functions as
the City Manager of the City shall from time to time assign.
B. Masterson agrees to perform all such functions and duties to the best of his abilities
and in a competent and efficient manner. Masterson agrees to focus his full
professional time, ability, and attention to City business during the term of this
Agreement and agrees not to engage in any other business pursuits whatsoever or,
directly or indirectly, render any services of a business, commercial or professional
nature to any other person or organization, whether for compensation or otherwise,
without the prior written consent of the City Manager.
C. It is recognized that the Chief of Police is expected to engage in the hours of work
that are necessary to fulfill the obligations of the position, must be available at all
times, and must devote significant time outside normal hours to the business of the
City. Masterson to will generally be required to work a 9/80 work schedule, subject
to change at the City Manager’s discretion and/or based on operational needs of the
department. Masterson acknowledges that proper performance of the duties of
Chief of Police will also often require the performance of necessary services outside
of normal business hours. Masterson shall be generally required to have an onsite
presence at the City’s Police Department Headquarters, Police Stations and/or City
Hall in order to fulfill the duties and obligations of the position as determined by the
City Manager.
D. Masterson’s compensation (whether salary or benefits) is not based on hours
worked. The Chief of Police position remains an “exempt” classification under the
overtime provisions of the federal Fair Labor Standards Act (“FLSA”) and Masterson
shall not be entitled to any overtime compensation nor subject to the overtime
provisions of the FLSA.
E. The Chief of Police position is exempt from competitive service pursuant to
Atascadero Municipal Code, Title 2, Chapter 2, Section 2.2.05(a).
Page 126 of 156
ITEM NUMBER: D-1
DATE: 12/08/20
ATTACHMENT: 2
SECTION 2 TERM
A. The Chief of Police position is considered at-will and Masterson shall serve at the
will and pleasure of the City Manager, subject to the termination provisions set forth
in Section 3. Nothing in this Agreement shall prevent, limit , or otherwise interfere
with the right of the City Manager to terminate the employment of Masterson at any
time and for any reason, or for no reason, subject only to the provisions specified in
Section 3 of this Agreement. Masterson understands and agrees that he has no
property or other interest in continued employment as Chief of Police. However,
nothing in this Agreement is intended to conflict with or limit Masterson’s rights
relating to termination of Police Chiefs under the Public Safety Officers Procedural
Bill of Rights (“POBOR”) or as otherwise required under governing law.
B. This Agreement shall become effective on ____________ XX, 2020, and unless
otherwise terminated under the provisions of Section 3, shall remain in effect
indefinitely.
C. Nothing in this Section shall or is intended to prevent, limit, or otherwise interfere
with the right of the City or Masterson to terminate the empl oyment of Masterson at
any time during the duration of this Agreement, in accordance with Section 3 of this
Agreement.
SECTION 3 TERMINATION
A. The City Manager may terminate Masterson’s employment at any time without
cause, for any reason, or for no reason, with the concurrence and confirmation of
the City Council pursuant to Atascadero Municipal Code, Title 2, Chapter 11, Section
2-11.01. In the event that Masterson is terminated by the City without cause, and
Masterson is otherwise ready, willing, and able to perform his duties under this
Agreement, the City shall pay Masterson severance compensation equal to six (6)
months of salary and benefits, pursuant to Paragraph E, below. In consideration of
this severance payment, Masterson agrees that he shall not be entitled to any other
payment or compensation of any kind from the City in connection with the
termination of his employment.
B. Masterson may terminate his employment at a ny time for any reason by providing
90 days prior written notice to the City Manager. In the event that Masterson
provides such written notice, he shall be entitled to receive at the termination of this
employment only such accrued unused leave and other such benefits as may be
due and payable under applicable City rule, regulation or policy, and/or under
applicable local, state or federal law. Masterson shall not, however, be entitled to
any severance pay or other compensation at the termination of his e mployment.
During the period subsequent to Masterson’s submission of his notice terminating
his employment, he shall continue to perform his duties as Chief of Police pursuant
to this Agreement unless removed from those duties and/or terminated by the Ci ty
Manager pursuant to the terms of this Agreement. However, in the event that
Masterson is then removed from those duties and/or terminated by the City,
Masterson shall continue to receive compensation in the form of salary and benefits
Page 127 of 156
ITEM NUMBER: D-1
DATE: 12/08/20
ATTACHMENT: 2
through the completion of the 90 (ninety) day notice period.
C. The City Manager may terminate Masterson’s employment for cause with the
concurrence and confirmation of the City Council pursuant to Atascadero Municipal
Code, Title 2, Chapter 11, Section 2-11.01. Cause shall include, but is not be limited
to, material breach of this Agreement or the duties set forth herein; conviction or a
felony or crime of moral turpitude; conduct unbecoming or tending to bring
embarrassment or disrepute to the City and/or Police Department; abuse of power
or position, as defined in Government Code Section 53243.4; dishonesty; repeated
or protracted unauthorized absences; engaging in prohibited harassment,
discrimination, or retaliation; uncorrected drug or alcohol abuse; violation of City
rules, regulations, or policies; engaging in a prohibited conflict of interest; misuse of
public funds; and/or any other misfeasance or conduct incompatible with the position
of Chief of Police.
D. In the event that Masterson is terminated by the City Manager, with or without
cause,, Masterson shall be entitled to prior written notification of the reason(s) for
the termination, the facts upon which such reason(s) are based, copies of all
supporting evidence and investigations regarding the facts and reason(s ) for the
termination, and the right to respond, orally or in writing or both, to the City Manager
within five (5) working days of receipt of the notice of such termination. Furthermore,
if requested by Masterson, Masterson shall have the right to a hearing before the
City of Atascadero City Council which shall be a hearing de novo. . In the event a
decision to terminate without cause is upheld by the City Council, Masterson shall
be entitled to severance pay, as set forth in Paragraphs A and E. In the event a
decision to terminate for cause is upheld by the City Council, Masterson shall not be
entitled to any severance pay, other than the payment of accrued unused vacation
leave.
E. As a condition for the payment of any severance provided in this Section, Masterson
will, pursuant to a separate Severance Agreement:
1. Release and discharge the City and its elected officials, appointed officers,
employees, attorneys, or agents, both past and present, from any and all
personal claims, demands, actions, causes of action, obligations,
damages, liabilities, losses, costs and expenses, including attorney’s fees,
of any kind or nature whatsoever, past, present and future, arising from or
related to Masterson’s employment with the City (collectively, the
“Released Matters”); and;
2. Execute a waiver pursuant to California Civil Code § 1542 which currently
states: “A general release does not extend to the claims that the creditor
or releasing party does not know or suspect to exist in his or her favor at
the time of executing the release and that, if known by him or her, would
have materially affected his or her settlement with the debtor or released
party.”
F. The City Manager and/or Masterson may terminate this Agreement in the event that
Masterson has been unable to perform the essential functions of his position due to
Page 128 of 156
ITEM NUMBER: D-1
DATE: 12/08/20
ATTACHMENT: 2
disability for a period of three (3) months and after engaging in a good faith
interactive process.
1. A determination that Masterson is permanently disabled shall be made by the
City Manager based upon competent medical evidence and evaluation and
in accord with the applicable state and federal laws pertaining to the
protection of disabled persons.
2. In the event it is determined by the City Manager that a question exists as to
Masterson’s ability to perform the essential functions of his position due to a
mental or physical condition, based upon objective facts and/or medical
reporting provided to the City, the City Manager may require Masterson to
undergo a fitness for duty examination. Masterson will cooperate in the
fitness for duty process and will execute all necessary authorizations for
release of medical information necessary to ensure a comprehensive and
objective fitness for duty examination. Any such evaluation is to be
conducted, at the City’s expense, by a healthcare provider selected by the
City, consistent with all governing law and regulations.
G. In the event Masterson is convicted of a crime involving an abuse of his office or
position as defined in California Government Code section 53243.4, Masterson shall
be required to fully reimburse the City in accordance with California Government
Code sections 53243, 53243.1, and/or 53243.2.
SECTION 4 COMPENSATION AND BENEFITS
A. Effective upon the commencement of this Agreement, the City shall pay to
Masterson a base salary within salary range PC59 at step “E”. This salary shall be
paid on a pro rata basis in regular installments pursuant to the City’s normal payroll
procedures. Masterson shall be eligible for step advancements in accordance with
Atascadero Personnel System Rules Section 4.3.
B. The City Manager may set forth annually in writing certain goals consisting of duties
and responsibilities above and beyond Masterson’s ordinary duties and
responsibilities. In the event that Masterson achieves such goals, he may be entitled
to receive other compensation in addition to his regular salary and bene fits. The
City Manager shall set forth the amount of additional compensation to which
Masterson would be entitled in the same writing setting forth the annual goals. Any
such additional compensation will be at the discretion of the City Manager with the
approval of the City Council if necessary.
C. The City shall deduct or withhold from Masterson’s salary any and all sums as
Masterson may from time to time direct, or as required by law, including, but not
limited to, sums for the payment of federal, state and/or local income taxes and
retirement or pension plans.
D. In addition to the compensation set forth in Sub -Section A above, Masterson shall
be entitled to receive the same benefits as are accorded all other executive
Page 129 of 156
ITEM NUMBER: D-1
DATE: 12/08/20
ATTACHMENT: 2
management employees as set forth in the governing Resolution adopted by the
City Council each year, and which may be modified or revised from time to time, ,
except as herein provided:
1. In addition to the vacation leave granted to all other executive management
employees as outlined in the Resolution governing compensation for
executive management, which may be modified or revised from time to time,
Masterson shall be granted an additional 1.54 hours per pay period; however
in no instance shall Masterson receive more vacation than that granted to an
employee upon completing 20 years of service to the City as outlined in the
Resolution governing compensation for executive management.
2. The City shall permit Masterson to attend, at City expense, a reasonable
number of local, state, and national conferences relevant to his duties as the
Chief of Police with the approval of the City Manager.
E. In its sole discretion, the City may increase Masterson’s base salary and/or other
benefits beyond those set forth in this Agreement in such amounts and/or t o such
an extent as may be recommended by the City Manager on the basis of a salary
review. Any such increases shall be subject to the approval of the City of Atascadero
City Council as required.
F. The City shall provide Masterson with an automobile to be used for City business.
The Chief of Police is on call 24 hours per day and as such is provided a take home
vehicle equipped with emergency equipment and a radio to be able to respond to an
emergency situation as per IRS Code 1.274-5T (k) (1)-(8). Due to the nature of
Masterson’s responsibilities as Chief of Police, the City understands and will permit
Masterson incidental personal use of this automobile. Personal use of the
automobile shall require the approval of the City Manager. Masterson shall be
required to adhere to Atascadero Administrative Policy No. 18 - Vehicle Use Policy.
Any exceptions to this requirement must be authorized in writing by the City
Manager.
G. The City Manager shall fix any other terms and conditions of employment relating to
Masterson’s performance as the City Manager may from time to time determine,
provided that such other terms and conditions of employment are not contrary to or
inconsistent with the terms set forth in this Agreement, the City’s rules, regulations
and ordinances, local, state and/or federal law.
SECTION 5 PERFORMANCE EVALUATION
A. The City Manager, with the assistance of Masterson, may define such goals and
performance objectives which the City Manager determines necessary for the
proper operation of City’s Police Department and shall further establish a relative
priority among those various goals and objectives. These goals and objectives
shall be reduced in writing and should be reasonably attainable within the time
limitations specified by the City Manager and in light of the appropriations provided
through the annual operating and capital budgets.
Page 130 of 156
ITEM NUMBER: D-1
DATE: 12/08/20
ATTACHMENT: 2
B. The City Manager shall periodically review and evaluate Masterson’s performance.
This review and evaluation shall take into account any goals that may have be en
developed by the City Manager, as well as Masterson’s performance of other
functions and duties. The City Manager shall provide to Masterson a summary
written statement of the evaluation and shall provide Masterson with the
opportunity to discuss the evaluation with the City Manager.
SECTION 6 GENERAL PROVISIONS
A. This Agreement constitutes the sole understanding and agreement of the City and
Masterson with respect to the matters set forth herein and supersedes any and all
prior negotiations, statements, instructions, representations or agreements,
whether written or oral.
B. The parties agree and acknowledge that no representations, inducements,
promises or agreements, oral or otherwise, have been made by any party, or by
anyone acting on behalf of any party, which are not contained herein and that any
agreement, statement or promise not contained in this Agreement shall not be valid
or binding on either party.
C. Any amendment to this Agreement shall be valid only if in writing approved and
signed by both parties, unless otherwise specified in this Agreement.
D. If any provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions shall nevertheless
continue in full force and effect.
E. If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney’s
fees and costs in addition to any other relief to which that party may be entitled.
F. This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
G. If any provision of this AGREEMENT is held to be invalid and/or unenforceable,
the AGREEMENT shall be considered as if the invalid and/or unenforceable
portion did not exist, with all remaining portions considered valid and enforceable.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of
the date and year first written above.
CITY:
Masterson:
_______________ ___________
Rachelle Rickard, City Manager Robert Masterson, Chief of Police
LA #4813-7234-6579 v3
Page 131 of 156
ITEM NUMBER: D-2
DATE: 12/08/20
Atascadero City Council
Staff Report - Community Development Department
Council Policy Discussion
Drive-Through Businesses, Fuel Stations and
Other High Traffic Producing Uses
RECOMMENDATION:
Council reaffirm the “Drive-Through Businesses, Fuel Station, and Other High Traffic
Producing Uses Policy” to guide use permit applications and traffic impact fees to ensure
orderly development in the City.
DISCUSSION:
Background
On September 24, 2019, the City Council discussed the impacts of vehicle oriented,
drive-through business and the existing municipal code sections that regulate these
businesses. Council directed staff to draft a Council Policy to guide future development
of high traffic volume businesses in the City and the City Council adopted the Policy
(Attachment 1). The Policy, which was adopted by the Council on November 26, 2019,
placed a “moratorium” on new high traffic generating land uses within the commercial
areas served by the Del Rio and San Anselmo Road overpasses at Highway 101, and
commercial zones between these locations. The Policy also provided that high traffic
generating land uses pay their fair share of traffic fees based on the projected number of
vehicle trips rather than their commercial floor area. The City’s fee ordinance already
allows such a calculation, however, prior to policy adoption, the
per-trip fee calculation was rarely utilized.
Analysis
The issues identified during discussion at the September 24, 2019 Council meeting were
community character, aesthetics, and environmental concerns, particularly traffic impacts.
In the City of Atascadero, there are three types of drive-through businesses:
Food/coffee service
Banks
Pharmacies
There are other businesses that simply generate high traffic volumes such as fuel stations
and car washes. The fuel services and fast food drive-through services, which are the
most common type of drive-through businesses in the City, typically generate the highest
Page 132 of 156
ITEM NUMBER:
DATE:
D-2
12/08/20
traffic volumes, while banks and pharmacies often have longer wait times and much lower
volumes.
The three objectives of the Council Policy were to:
Activate the City’s existing “Alternative Cost Per Single Trip Method” for calculating
impact fees. This method allows the City to appropriately mitigate circulation
impacts of commercial uses that generate high traffic counts, including drive-
through businesses.
Utilize the City’s discretionary conditional use permit and design review processes
to responsibly restrict drive-through businesses in the areas near and between Del
Rio Road and San Anselmo Road based on potential traffic impacts and the
impacts on the goals and orderly development of commercial nodes in the corridor.
This area has been identified as a commercial node along the El Camino corridor
that features office park, mixed-use, commercial tourist, and experience retail
uses. Drive-through businesses, fuel stations, and other high traffic producing uses
are considered incompatible with future corridor goals and will reduce the ability of
other retail, lodging, or job producing land uses to locate there.
In order to approve a high traffic volume use within the area outlined in Attachment
1, Exhibit A, the new use must not:
a. Generate a volume of traffic beyond the safe capacity of all roads providing
access to the project, either existing or to be improved in conjunction with the
project.
b. Generate a volume of traffic beyond the normal traffic volume of the
surrounding neighborhood that would result from full, cumulative development
in accordance with the land use element and Del Rio Specific Plan.
c. Generate a traffic volume that would be contrary to the anticipated orderly
development of the area.
Additionally, all other findings necessary for approval of a conditional use permit will
be carefully analyzed in light of the Council’s goals of preserving community character
and aesthetics, future development of high-quality commercial nodes, and
environmental concerns. Since both the San Anselmo and Del Rio Road
overpasses and intersections at Highway 101 and El Camino Real are
approaching capacity, based on anticipated development, new drive-through land
uses are not likely to meet findings.
The higher traffic volume associated with drive-through businesses and fuel stations has
a significant impact on the functionality of nearby intersections. This has potentially
reduced the opportunity for other commercial business to expand or develop in the City as
these intersections near capacity and are failing typical level of service standards. This
traffic factor has reduced the amount of floor area that can be dedicated to job or revenue
producing commercial uses that may otherwise be located in a commercial node near a
highway intersection such as Del Rio Road or San Anselmo Road. Del Rio Road is
projected to reach traffic capacity with proposed development in the Specific Plan, while
San Anselmo Road is already at capacity and is operating at a poor level of service during
Page 133 of 156
ITEM NUMBER:
DATE:
D-2
12/08/20
peak traffic times. Additionally, the high traffic demand and previous method of calculating
traffic impact fees, has shifted the burden of traffic improvements and impact fees to larger,
lower traffic generating land uses such as large office buildings or potential clean industrial
sites that could accommodate head of household jobs.
Circulation System Impact Fees and the Alternative Cost per Single Trip Method
In order to protect the health, safety, and welfare of the community and to ensure that
adequate capital facilities are provided for the residents of the City, assuring new
development in the City pays its fair share of the cost of providing these facilities, the City
levies Development Impact Fees. A portion of these fees address circulation impacts of
new development and the fee is determined based on the type of development (i.e.
residential, commercial, office, tourist-commercial lodging, manufacturing/industrial, etc.)
In 2006, the City adopted the current Circulation Impact Fees which are based on the
estimated trip mile generated by the category of land -use. The fee study used the ITE
Trip Calculation Manual to determine an estimated average daily trip. The fee then used
factors derived from other studies to determine the percentage of pass -by trips, diverted
trips and average trip length to arrive at the trip miles generated by a general category of
land-use. The land-use categories generating different trip information for Circulation
Fees are as follows:
Single Family Residential
High Density Residential
Mobile Homes (in Mobile Home Park)
Tourist – Commercial Lodging
Commercial
Office
Manufacturing/Industrial
The land-use categories may include a very broad category of business types. For
example, the commercial category would include everything from fast food to small retail,
and banks to grocery stores. Because the trip miles generated for a particular business
type within the broad category may vary significantly, the adopted fee includes the
following clause:
“When the average daily trip generation per square foot is 25% higher or lower than
0.041 for commercial use and 0.004 for industrial use, the City may charge
Circulation Impact Fees for Commercial or Manufacturing/Industrial Development
using the Alternative Cost per Single Trip Method using the ITE Trip Calculation,
7th Edition for Commercial/Industrial Uses.” (City Fee Ordinance, 2006)
Without implementing the Alternative Cost per Single Trip Method, a gas station which
generates a tremendous number of trips and trip miles would pay a very small amount per trip
mile, while single-family homes, small retail, office and other uses pay the amount per trip mile
calculated as needed to continue to expand the road system to accommodate the generated
trip miles. Below is a table with some examples of land-use types and the fee calculation
under the standard fee calculation and the Alternative Cost per Single Trip Method.
Page 134 of 156
ITEM NUMBER:
DATE:
D-2
12/08/20
Est.
Daily
Trips
Adj. for
Pass-by
and
Diverted
Trip
Length
Adj.
for
In/
Out
Trip
Miles
Current
Fee
Cost per
Trip Mile
Alternative
Fee
Cost per Trip
Mile
Residential Unit-
3,000sf 9.6 0.915 7.9 0.5 34.5 5,597$ 162.00$ 5,597$ 162.00$
Small Retail-
3,000sf 124.0 0.650 4.3 0.5 173.3 28,113$ 162.00$ 28,113$ 162.00$
Industrial-
3,000sf 11.6 0.885 9.0 0.5 46.2 7,491$ 162.00$ 7,491$ 162.00$
Office-
3,000sf 33.4 0.865 8.8 0.5 127.1 20,616$ 162.00$ 20,616$ 162.00$
Lg. Gas Station w/
Food Mart- 3,000sf 1,956.0 0.465 2.8 0.5 1273.4 28,113$ 22.00$ 206,291$ 162.00$
Lg. Gas Station
w/booth- 60sf 1,956.0 0.465 2.8 0.5 1273.4 562$ 0.44$ 206,291$ 162.00$
Busy Fast Food w/
Drive Through-
3,000sf 1,950.0 0.695 4.7 0.5 3184.8 28,113$ 9.00$ 515,938$ 162.00$
Bank with Drive-
Through- 3,000sf 740.7 0.560 3.4 0.5 705.1 28,113$ 40.00$ 114,226$ 162.00$
Alternative Cost per
Single Trip MethodStandard Method
While the Alternative Cost per Single Trip Method substantially increases the total fee
paid for proposed gas stations and other high -volume uses, it also brings the fee per trip
mile in line with all of the other uses.
What has happened in the year since the Policy has been adopted?
Over the past year, the City has seen some activity in pursuit of new drive-through or fuel
station applications. However, no applications have been formally received for these land
uses and no applicant has yet been charged with the alternative rates. Two fuel stations
were approved prior to adoption of the City Council Policy, one of which is currently
pursuing construction permits at the south end of the City near the Santa Rosa
intersection. The other approved station is adjacent to the new Hilton Home 2 Suites Hotel
north of Del Rio Road and includes a small café, convenience store, and electric vehicle
charging stations. Both of these stations may move forward without consideration of the
new Council policy, so long as they maintain active construction permits.
There are two other fuel stations that are currently evaluating the potential of locating
adjacent to San Anselmo Road within the “moratorium” area. One fuel station is
contemplating the vacant site at the former K -Mart center, however, that site is already
highly constrained due to traffic impacts associated with the ECR/San Anselmo
intersection, San Anselmo overpass and Highway 101 on/off ramps. Additionally, staff
has received a request to amend the General Plan to amend a residential parcel to
commercial zoning at the corner of San Anselmo and Monterey Road to allow for a new
fuel station and convenience store. Since the traffic is already failing at these locations
due to the constrained San Anselmo overpass and potential delays at the on and off
ramps, either of these developments would likely trigger significant traffic mitigation in
addition to a cautious review of conditional use permit findings. The General Plan
Page 135 of 156
ITEM NUMBER:
DATE:
D-2
12/08/20
Amendment would also be subject to Council authorization prior to moving forward in
addition to being subject to the Council Policy.
A major change that has happened since the adoption of the Policy, is the approval of
amendments to the Del Rio Commercial Area Specific Plan, including a solution to allow
for development, based on specific traffic mitigation. That amendment assumed
development of a large fuel station site, a fast food restaurant and commercial
development. Current traffic mitigation plans can accommodate the single drive-through
restaurant and the fuel station. However, it is important to note that the drive-through
restaurant in addition to the fuel station exceed the total number of vehicle trips compared
to the entire business park (190,000 square feet of business park) contemplated at the
north east corner of Del Rio and El Camino Real. The drive-through and the fuel station
combined will result in up to 3,500 daily trips while the business park is estimated to
generate up to 2,400 daily trips. Therefore, the drive-through and fuel station will trigger
the need for the Del Rio improvements to be completed sooner and will shift the cost burden
of these improvements onto other, less intensive development within the specific plan.
How has Covid Impacted Traffic and Drive-Through Land Uses?
For obvious reasons, the pandemic has significantly increased drive -through restaurant
traffic. However, fuel station traffic has slightly reduced due to reduced regional travel and
increased telecommuting. Lines at the In and Out restaurant are nearly double what they
were at this time last year. Other drive-through restaurants are experiencing similar
increases.
Justification for the Policy
As drive-through businesses continue to increase in popularity and traffic volume, City
policies need to continue to respond. Such businesses must be appropriately reviewed to
ensure that use permit findings are clearly made and that impacts are clearly addressed with
appropriate conditions, especially through the use of traffic impact fees. The City Council
Policy continues to help guide staff and the Planning Commission towards the appropriate
review of and mitigation measures for these types of businesses and their impacts.
The Highway 101 overpass area and intersection of El Camino Real and San Anselmo
Road has reached or exceeded traffic capacity, and the Del Rio Road overpass and
intersection at El Camino Real is anticipated to reach capacity if commercial uses are
developed as anticipated in the Specific Plan. The area around these two roads is also
important as it heavily impacts the traffic in these two areas. Multiple housing units are
now being developed near the north end of El Camino Real, which will contribute to vehicle
trips at both of these interchanges. In order to ensure that these important commercial
nodes can continue to develop consistent with the General Plan, traffic intensive uses such
as drive-through restaurants and fuel stations must be carefully reviewed and limited in
scope, especially within locations that rely on these Highway 101 interchanges.
FISCAL IMPACT:
Discussion of the current Drive-Through Businesses, Fuel Station, and Other High Traffic
Producing Uses Policy has no direct fiscal impact; however, any future action by the
Council to amend the Policy may have a significant effect on City revenues.
Page 136 of 156
ITEM NUMBER:
DATE:
D-2
12/08/20
ALTERNATIVES:
1. Council may suggest edits to the City Council Policy.
2. Council may take no action, or continue the item for additional information.
ATTACHMENT:
Adopted Council Policy
Page 137 of 156
ITEM NUMBER: D-2
DATE:
ATTACHMENT:
11/26/19
1
City of Atascadero
City Council
Policy Regarding Drive-Through Businesses, Fuel Stations and Other High Traffic
Producing Uses
At the September 24, 2019 City Council meeting, the City Council determined that a policy
was needed to address the potential impacts of future drive -through and fuel station
businesses in the City, particularly within the Highway 101 overpass areas at
San Anselmo Road and at Del Rio Road and along the El Camino Real corridor that
provide vehicle access to these two roads.
The City Council has noted that certain businesses are characterized by significant traffic
volumes. These include but are not limited to drive-through restaurants, fuel stations, car
washes and coffee shops. The City Council identified issues posed by the approval of
these high traffic volume businesses in the City including the preservation of community
character and aesthetics and environmental concerns, particularly traffic impacts.
In discussing a policy, the City Council determined that consistent application of the City’s
existing Alternative Cost per Single Trip Method for the calculation of circulation impact
fees will allow the City to appropriately mitigate for circulation impacts of commercial uses
that generate high traffic counts, including drive-through businesses and fuel stations.
It is the intent of the Council to guide the development of the El Camino Real corridor,
near and between San Anselmo Road and Del Rio Road, and the adopted Del Rio
Specific Plan area into high-quality commercial nodes that feature office parks, mixed-
use, commercial tourist, and experience retail uses. The higher traffic volume associated
with drive-through and fuel station business may potentially reduce the opportunity for
other commercial business to expand or develop in the City because the traffic generated
by these uses tends to significantly impact intersections especially in a commercial node.
This means that additional high traffic volume businesses may be contrary to the orderly
development of the area. Drive-through and fuel station businesses are considered
incompatible with future corridor goals and will reduce the ability of other retail, lodging, or
job producing land uses to locate there due to potential traffic impacts.
Council recognizes that the overpass area and intersection of El Camino Real and San
Anselmo Road is nearing traffic capacity, and the Del Rio Road overpass and intersection
at El Camino Real is anticipated to reach capacity if commercial uses are developed as
anticipated in the Specific Plan. The El Camino Real corridor between these two roads is
also impacted and the areas near these two Highway 101 overpasses also contribute to
the impact of these areas. Since these areas are approaching capacity based on anticipated
development, new drive-through land uses are unlikely to be permitted due to traffic
impacts.
Page 138 of 156
ITEM NUMBER: D-2
DATE:
ATTACHMENT:
11/26/19
1
The following objectives are intended to guide future development of drive-through
businesses in the City.
1. When calculating Circulation Impact fees, staff will utilize the City of Atascadero’s
existing “Alternative Cost Per Single Trip Method” for drive-through business
applications including fuel stations, car washes, restaurants and coffee shops, in
order to account for the higher than average vehicle trips.
2. Utilize the City’s discretionary conditional use permit and design review processes
to responsibly restrict new drive-through businesses, including drive-through food
and beverage services, drive-through banks, drive-through pharmacies, fuel
stations, car washes, and similar land uses that contribute to vehicle trips within
the area outlined in Exhibit A.
3. In order to approve a high traffic volume use within the area outlined in Exhibit A, the
new use must not:
a. Generate a volume of traffic beyond the safe capacity of all roads providing
access to the project, either existing or to be improved in conjunction with the
project.
b. Generate a volume of traffic beyond the normal traffic volume of the
surrounding neighborhood that would result from full, cumulative development
in accordance with the land use element and Del Rio Specific Plan.
c. Generate a traffic volume that would be contrary to the anticipated orderly
development of the area.
Additionally, all other findings necessary for approval of a conditional use permit will
be carefully analyzed in light of the Council’s goals of preserving community character
and aesthetics, future development of high-quality commercial nodes, and
environmental concerns. Since these areas are approaching capacity based on
anticipated development, new high traffic volume land uses are likely to be contrary
to these findings.
Page 139 of 156
DRIVE THROUGH
POLICY
IMPLEMENTATION
AREA
CR
CT
CR
CT CBARREL CREEK
ITEM NUMBER: D-2
DATE: 12/08/20
ATTACHMENT: 1A
Page 140 of 156
ITEM NUMBER: D-3
DATE: 12/08/20
Atascadero City Council
Staff Report - City Manager’s Office
Draft Response to Grand Jury Report
“Joint Agency Dispatch – Better Together?”
RECOMMENDATION:
Council approve the Draft Response to the Grand Jury Report Form and authorize the
City Manager to execute the document on the City Council’s behalf.
DISCUSSION:
On November 3, 2020, the San Luis Obispo County Grand Jury transmitted a copy of
their report entitled, “Joint Agency Dispatch – Better Together?” to the City of Atascadero
on the subject of consolidation of dispatch services with the County Sheriff’s Department
and Cal Fire. In this report, the Grand Jury commented upon the subject of consolidated
dispatch services with Cal Fire and the County Sheriff and the incorporated cities in the
County of San Luis Obispo who do not already contract with these agencies for dispatch
services – Atascadero, Grover Beach, Paso Robles, Pismo Beach, and San Luis Obispo.
As pointed out in the Grand Jury report, there are some inherent benefits to consolidating
dispatch services- chief among them is the ease of sharing high call volume and radio
traffic volume in a localized emergency incident.
Currently, if an incident were to occur in the City, that produced more call/radio traffic than
could be handled by the dispatchers on duty, the City does have the ability to move some
of the radio dispatch traffic to the Sheriff dispatchers. However, this is not as smooth as
having multiple dispatchers in the same place handling the incident. Coordinated handling
of these rare localized high call/radio traffic incidents would be better served through a
consolidated dispatch center. (Consolidated dispatch may, however, reduce county-wide
capacity in large scale incident such as an earthquake since there are fewer dispatchers
on duty throughout the County.)
The City has looked at various potential options for consolidating dispatch services with
other local jurisdictions in the past both in 2009 and again in 2019. In 2019, the City along
with partnering jurisdictions hired consultants that specialized in dis patch efficiency
Page 141 of 156
ITEM NUMBER: D-3
DATE: 12/08/20
studies to look at forming a joint powers agency to run consolidate dispatch services with
other local jurisdictions. This model would have been similar to the model currently used
effectively in Santa Cruz County.
While the 2019 analysis determined that consolidating dispatch with Atascadero, San Luis
Obispo, Paso Robles, and Cal Poly could be operationally feasible, and would require
less personnel than individual dispatch centers, it would not be financially advantageous
for the cities of Atascadero and Paso Robles. When comparing compensation across the
jurisdictions and analyzing the projected merged dispatch center personnel costs
compared to current personnel costs by agency as well as the total merged dispatch
center costs to current personnel costs, merging would produce a small net aggregate
savings over current personnel costs. Unfortunately, that savings would not be evenly
distributed amongst the jurisdictions. Atascadero and Paso Robles would see increased
costs, while SLO and Cal Poly would realize a savings. Moreover, Atascadero, Paso
Robles and Cal Poly would need to incur additional costs to hire personnel to cover
ancillary duties currently performed by dispatchers, reducing the overall merger cost
savings.
The joint powers methodology was explored after conversations with the Sheriff ’s Office
regarding the potential for consolidating dispatch with the Sheriff were discussed. While
the Sheriff’s Office was open to having agencies contract with them for their dispatch
services, the Sheriff’s Office was could not accommodate a scenario where the
contracting agencies had any formal decision making authority in methodology, quality,
and cost of those dispatch services. Because dispatch is such an integral part of our
police and fire services, this was a barrier to moving forward in contracting with the Sheriff.
Other barriers to contracting with the Sheriff’s Office and Cal Fire for dispatch include:
Significant capital costs for procurement of compatible equipment
Disparity in salary and benefits between the City and the contracting agencies
(potential additional costs to City unless Sheriff mitigates this disparity)
Increased costs to City to cover ancillary duties currently covered by dispatchers
Lack of institutional knowledge required for safety and service levels when
responding to calls that is not available through GPS technology or mappi ng and
traffic analysis provided by CAD
No option for specific services such as Quickest Route or Pulse Point
The Grand Jury made a number of Findings and Recommendation s in the Report and the
City is required to prepare and transmit a response to Recommendation No. 1 no later
than January 5, 2021. Recommendation No. 1 reads as follows:
R1. The Cities of Atascadero, Grover Beach, Paso Robles, Pismo Beach and San Luis
Obispo, should each request a proposal from the San Luis Obispo County Sheriff and
Cal Fire to provide contract dispatch services and present it as an option in future
budgets.
Page 142 of 156
ITEM NUMBER: D-3
DATE: 12/08/20
In addition to the City response to Recommendation No. 1, the City must indicate whether
they will be implementing the recommendation, studying the recommendation further, or
will not be implementing the recommendation.
Staff recommends that the City not pursue contracting with the Sheriff’s Office and Cal
Fire for dispatch services at this time, but that the City continue to be open to all
discussions regarding the provision of dispatch services that are right for our community
in the most cost effective, efficient and effective manner possible.
A Draft Response to the Grand Jury Report is included as Attachment 2.
FISCAL IMPACT:
None.
ALTERNATIVES:
1. The Council may modify the Draft Response to the Grand Jury Report in such manner
as the Council may determine appropriate.
2. If the Mayor has any comments regarding the Grand Jury Report in addition to the
comments set forth in the Draft Response, then the Mayor may make separate
comments in response to the Grand Jury Report
ATTACHMENTS:
1. Grand Jury Report of November 5, 2020
2. Draft Response to Grand Jury Report
Page 143 of 156
Submitted November 5, 2020 1
JOINT AGENCY DISPATCH: BETTER TOGETHER?
SUMMARY
Improvements in technology, budget constraints and discussions about a co-located dispatch center
have led several agencies to consider combining dispatch operations for public safety agencies in
San Luis Obispo County. There are several examples of successful joint dispatch operations in our
county. Cal Fire provides dispatch service to all the local agencies in the unincorporated areas of
the county and the cities of Arroyo Grande, Grover Beach, Morro Bay and Pismo Beach. The
County Sheriff provides 911 service and Law Enforcement Dispatch service to the Cities of Arroyo
Grande and Morro Bay through contracts. The contract expense formula for sheriff dispatch
service provided significantly lower cost for both cities. Our interviews revealed that contracting
agencies are satisfied with the service they receive. They note that separate fire and police dispatch
services are superior. Additional dispatch capacity relieves stress in busy periods as well as the
ability to stage or send interagency help when necessary. This action provides faster response for
major incidents.
Several cities were considering a joint dispatch operation as well, with the city of San Luis Obispo
providing the service. This effort was abandoned after the initial findings indicated it was fiscally
unfeasible. Despite a net savings of over $500,000 in personnel costs it was not advantageous to
all four agencies. Primarily, this was a result of the 16%-32% difference in pay scales between the
agencies. Paso Robles and Atascadero would incur higher costs while the city of San Luis Obispo
and California Polytechnic State University (Cal Poly) would receive considerable savings.
The Grand Jury found that Cal Fire and County Sheriff have provided equal or superior dispatch
service for less cost to several agencies in our county. The real benefit for taxpayers and residents
countywide is the financial and operational efficiencies of a joint agency dispatch service. We
recommended the Sheriff provide long term pricing for dispatch service to the remaining cities in
the county, one with and one without the new co-dispatch center. Each of the cities should present
this as a future budget option.
ITEM NUMBER: D-3
DATE: 12/08/20
ATTACHMENT: 1
Page 144 of 156
Submitted November 5, 2020 2
INTRODUCTION/PURPOSE
Improvements in technology, budget constraints and discussions about a co-located dispatch center
have led several agencies to consider combined dispatch operations for the public safety agencies
in San Luis Obispo County. In this report the San Luis Obispo Grand Jury (SLOGJ) reviewed
dispatch operations throughout the county for potential financial, operational, and service
efficiencies that may be achieved by combining dispatch operations. Although discussion about
the co-located dispatch center was part of the original purpose for this report, the relocation and
redesign during the investigation made accurate information unavailable at this time.
METHOD/PROCEDURE
To obtain information for this report the SLOGJ requested and received budgets for dispatch
operations, personnel requirements, and call volumes for all seven cities, County Sheriff and Cal
Fire. We interviewed several public safety chiefs and toured both the County Sheriff and Cal Fire
dispatch centers. The 2018-19 fiscal year was our primary time frame for comparison. Due to
differences in budget detail and definitions for “call for service,” exact comparisons were not
possible. Some cities included administration and tech service costs while others did not. We
included 911 calls and total calls for service in our report, but used total calls for service as the
best proxy for call volume comparisons. We also studied how dispatch operations work when two
or more services might be required (i.e. fire and ambulance for a medical emergency). We were
unable to find extensive cost information for the current Co-Dispatch Center plan.
BACKGROUND/HISTORY
In 2013, the SLOGJ issued a report entitled “Consolidation of Public Safety Dispatch Systems.”
It focused on the Arroyo Grande and Grover Beach attempt to consolidate their police departments
and, when that failed, on the potential for consolidation of their public safety dispatch operations.
They recommended “The City Councils of Arroyo Grande and Grover Beach should consider
consolidating the public safety dispatch systems of their respective cities.”
ITEM NUMBER: D-3
DATE: 12/08/20
ATTACHMENT: 1
Page 145 of 156
Submitted November 5, 2020 3
In 2014, Arroyo Grande and Morro Bay moved forward on contracting with the County Sheriff
for Public Safety Answering Point (PSAP aka 911) and Law Enforcement dispatch. Grover Beach
retained its PSAP and dispatch operation, and took over full dispatch of the Five Cities Fire
Authority (FCFA) including Arroyo Grande and Oceano. In 2018, the FCFA began contracting
for dispatch service with Cal Fire.
Recently, there has been discussion of a new co-dispatch center that would house both Cal Fire
and the County Sheriff, with the capacity to provide service to all the cities and agencies in SLO
County. In addition, there has been discussion and a feasibility study about the pote ntial for a
smaller consolidation of just Paso Robles, Atascadero, Cal Poly University and the city of San
Luis Obispo. Based on these changes and renewed interest, the SLOGJ is once again, reviewing
the potential for consolidation of public safety dispatch throughout the county.
NARRATIVE
Dispatchers are the starting point for most public safety events and nearly all emergencies.
Computer Aided Dispatch (CAD) combines a number of technologies that greatly enhance a
dispatcher’s ability to handle higher volumes of calls and provide real-time information about
incidents and the assets that are available to respond.
Not long ago a dispatcher would require detailed knowledge about the area into which they are
dispatching. Today, thanks to Global Positioning System (GPS) technology, a dispatcher is
instantly provided with information about the location of the caller and the nearest police or fire
personnel available to respond. Through mapping and traffic analysis CAD provides the fastest
route for emergency responders. CAD allows one dispatcher to take a 911 call and collect the
information concerning the call. In the case of cross service type calls, this information is
transferred through the CAD system to the correct agency dispatcher. The transfer is based on
geographic data related to the address of the incident. In the case of medical calls, the call is routed
to the ambulance dispatcher and to fire dispatch who sends the nearest available fire crew. This
ensures the fastest possible response with adequate personnel for the situation.
ITEM NUMBER: D-3
DATE: 12/08/20
ATTACHMENT: 1
Page 146 of 156
Submitted November 5, 2020 4
The public has come to expect timely response to emergency calls. The public expects their 911
calls to be answered instantly, handled professionally, and with service personnel arriving with all
the key information necessary to assist them. Although dispatchers excel at multi-tasking and
prioritizing, a single dispatcher can easily be over-taxed, handling multiple calls while also
assisting officers and firefighters in the field. The combination of new technology and varying
intensity of demand for service, make public safety dispatch a natural area for combining the
dispatch service of multiple law enforcement and fire service agencies. San Luis Obispo County
already has several examples of successful integration of dispatch for multiple agencies.
Cal Fire provides dispatch service to all the unincorporated areas of the county including areas like
Templeton and San Miguel. Through contracts, they provide dispatch services to the cities of
Pismo Beach, Arroyo Grande, and Grover Beach. In total, Cal Fire dispatches 34 fire stations and
crews in SLO County. SLOGJ toured their dispatch center located at their county headquarters on
Highway 1. They normally have two or three dispatchers plus a Battalion Commander (BC) on
duty and can add more when conditions demand it. They do not provide PSAP (911) service
directly, but did dispatch response to 12,863 calls for service (medical and fire) in 2018. The BC
is empowered to send additional personnel when the situation warrants it.
Cal Fire is due to start a long-planned remodel of their headquarters in 2020. They did not include
a new dispatch center in that plan in expectation that the co-dispatch center would be available. In
the interim they will be moving their dispatch operation into a temporary location until either the
co-located dispatch center is available or a new Cal Fire dispatch center is planned and funded by
the state. The staff indicated that this could be “a long process.”
SLO County Sheriff provides PSAP (911) services to all the unincorporated areas of the County
and by contract to the cities of Arroyo Grande and Morro Bay. In addition to dispatching sheriff
deputies, they dispatch law enforcement officers from those two cities. In 2018 they received
134,000 calls for service in total, and dispatched nearly 24,000 emergency ambulance calls.
SLOGJ toured the Sheriff Dispatch center located in the Emergency Operations Center (EOC),
and made several follow-up inquiries. They have four dispatchers, a supervisor and a watch
ITEM NUMBER: D-3
DATE: 12/08/20
ATTACHMENT: 1
Page 147 of 156
Submitted November 5, 2020 5
commander on duty. Each of the agencies (County Sheriff, Arroyo Grande PD, Morro Bay PD and
San Luis Ambulance Service) have a dedicated dispatcher. Any dispatcher can answer a 911 call
from any of the PSAP areas they serve. The call is then posted to the correct agency dispatch er,
and when necessary, backup or additional dispatch service is provided. The Watch Commander
does not provide direction to the officers in Arroyo Grande and Morro Bay, but is available to
monitor a developing situation in those communities and reposition resources in case they are
requested. In total Sheriff dispatch has 21 full time equivalent (FTE) employees (not counting the
Watch Commanders) including the five contracted for Arroyo Grande and Morro Bay. San Luis
Ambulance receives emergency dispatch service at no cost from the Sheriff dispatch center.
The Sheriff dispatch center uses approximately a third of the EOC building. The remainder of the
building is reserved for emergency operations in the event of an accident at the Diablo Canyon
Nuclear Power Plant. Staff noted this building was built in 1984 and does not meet a number of
current code requirements. Their space allocation is not sufficient to provide dispatch service for
all seven cities. In the event the Co-dispatch Center is not available, there is a contingency plan
that could provide service to all seven cities.
Both Cal Fire and SLO County Sheriff use a similar methodology to develop the pricing element
for their contract service. The county sheriff dispatch service contract accounts for the direct
expense of a dedicated dispatcher for each agency without any additional expense for management,
administration or, of special note, building rent or capital outlay. Arroyo Grande requires three
FTE’s for a total of $393,658 and Morro Bay two FTE’s for a total of $267,436.
The Cal Fire contract adds all direct dispatch costs without any additional expense for management
administration or rent. Those costs are divided based on the total calls -for-service from each
agency. Morro Bay pays $71,086 and Arroyo Grande pays $77,867.
Arroyo Grande and Morro Bay Police chiefs’ report they are satisfied with the service they receive
and that it is better than their in-house service, due to having multiple dispatchers available when
needed, and having the fire dispatch service provided by a separate agency. Both reported that
when backup is required there is better coordination than was possible with multiple law
enforcement dispatch operations.
ITEM NUMBER: D-3
DATE: 12/08/20
ATTACHMENT: 1
Page 148 of 156
Submitted November 5, 2020 6
In the first six months of operation there were a few issues that were quickly resolved. Any issues
today are handled between supervisors with a simple phone call or email.
Both agencies note that it would be difficult to bring back in-house dispatch service, costing over
a million dollars and requiring a year or more of lead time.
Similar approval was voiced by the FCFA Chief. Although expense was essentially the same, the
Cal Fire dispatchers are trained and dedicated to fire and medical response. With better technology
they deliver superior emergency response. In addition, a Battalion Commander is available 24/7
to determine if additional resources are needed. This ensures adequate response from multiple
agencies when required.
Cal Fire is under a general contract to provide fire services, including dispatch, to Pismo Beach
and San Luis Obispo County. The county then subcontracts out the fire dispatch service provided
by Cal Fire to other agencies. In addition, the county contracts Law Enforcement Dispatch services
through the County Sheriff’s Department to Arroyo Grande and Morro Bay.
There are many factors affecting 911 and public safety calls for service from the various agencies
in SLO County. A few of these factors are population, demographics, tourism, job concentration,
and homeless populations. In 2018, calls for service from the seven cities in SLO County varied
from just over 13,000 for Morro Bay to nearly 60,000 for the city of San Luis Obispo. The
unincorporated areas of the county generated nearly 100,000 calls for service. The 911 calls ha d
a more dramatic distribution (911 calls are a subset of calls for service). Morro Bay totaled just
over 1,000, San Luis Obispo over 19,000, and the unincorporated areas of the county over 43,000.
It should be noted that the definition for calls for service may vary from agency to agency, some
include calls from traffic stops, others included all the calls created in the CAD system.
A key number to note is the total base personnel (dispatchers plus supervision without management
or computer tech support), in each of the cities that have in-house dispatch operations. With the
exception of the city of SLO, which has 12 FTE’s, the other cities have six to eight FTEs, despite
ITEM NUMBER: D-3
DATE: 12/08/20
ATTACHMENT: 1
Page 149 of 156
Submitted November 5, 2020 7
a wide range of call levels. For example, the city of Atascadero, with a call for s ervice volume of
just over 27,000, has seven FTE’s and the city of Grover Beach, with a call for service volume just
over 16,000, has six FTEs.
On the expense side, the cities of Grover Beach, Pismo Beach, Atascadero and Paso Robles pay in
the $650,000-$850,000 range for their base dispatch personnel. Using a conservative figure of
$100,000 for maintenance and management of their own PSAP and radio systems, the minimum
cost for a PSAP dispatch operation would be approximately $750,000 – $950,000.
The cities of San Luis Obispo, Atascadero, Paso Robles and Cal Poly University hired City Gate
Associates to provide a Fire/Police Merger Analysis. Initial findings indicated that the merger was
fiscally unfeasible, Phase I of the study was reported in May of 2020 and the Grand Jury received
a copy in June, 2020.
The report highlights several key hurdles to the merging (by contract or JPA) of dispatch
operations. The first is the 16-31% disparity in salary and benefits between agencies. For example,
Atascadero dispatcher's (Support Services Technician) salary and benefits are 27% lower than that
of a dispatcher in the City of San Luis Obispo. Second, this analysis allocated cost based on the
percentage of “total workload”. As a result, there was a total savings of over $500,000 in personnel
costs, however it would not be evenly distributed. The cities of Atascadero and Paso Robles would
pay over $320,000 and Cal Poly and the city of SLO would save $830,000. The analysis noted that
there were solutions for the reliable radio communication between the various agencies but did not
estimate any expense to achieve them. They also noted concerns by the Fire Chiefs about, 911
performance standards, dispatcher training, and dispatch of resources into other jurisdictions.
CONCLUSIONS
Since the Grand Jury report “Consolidation for Dispatch Operation for Public Safety” in 2012,
the cities of Arroyo Grande and Morro Bay have worked through the governance and operational
concerns and contracted with the County Sheriff and Cal Fire for dispatch service that is less
expensive and is equal or better than their in-house service.
ITEM NUMBER: D-3
DATE: 12/08/20
ATTACHMENT: 1
Page 150 of 156
Submitted November 5, 2020 8
It is likely that the similar sized cities of Grover Beach and Pismo Beach could achieve similar
results for their PSAP and law enforcement dispatch. For the cities of Atascadero and Paso Robles
to achieve similar financial results, the County Sheriff would need to mitigate the difference in
pay scales. The city of San Luis Obispo has similar pay scales to the County Sheriff and would
likely realize some financial benefit from joint dispatch.
Beyond expense, there are significant service level benefits from joint dispatch. Dispatchers
trained and dedicated to either fire or police operations provide a safer environment for first
responders and improved service to the public. Better coordination during major incidents, where
mutual or emergency aid is required, will improve response times and ensure timely additional
support. The higher capacity of a larger operation will reduce the impact from turnover, illness or
injury. There are challenges as well, but the recent success of agencies who contract for dispatch
service indicates they can be met and still deliver more cost effective and operational service.
FINDINGS
F1. The cities of Atascadero, Grover Beach, Paso Robles, Pismo Beach and San Luis Obispo
who operate their own PSAPs, could benefit financially and operationally by contracting
their dispatch operation with Cal Fire and the County Sheriff.
F2. The County Sheriff and Cal Fire have demonstrated that they can provide cost effective
and operational dispatch service that is equal or better to the smaller agencies in San
Luis Obispo county through contracting.
F3. The portion of the EOC building now allocated to County Sheriff Dispatch operations
is insufficient to provide dispatch service to all seven cities.
F4. A state-of-the-art dispatch center could be a benefit to the County Sheriff’s aging
building inventory, but the real benefit for taxpayers and residents countywide is the
financial and operational efficiencies of a joint agency dispatch service.
ITEM NUMBER: D-3
DATE: 12/08/20
ATTACHMENT: 1
Page 151 of 156
Submitted November 5, 2020 9
RECOMMENDATIONS
R1. The Cities of Atascadero, Grover Beach, Paso Robles, Pismo Beach and San Luis
Obispo, should each request a proposal from the San Luis Obispo County Sheriff and
Cal Fire to provide contract dispatch services and present it as an option in future
budgets.
R2. The San Luis Obispo County Sheriff and Cal Fire should modify their contingency plans
for dispatch to all seven cities into a viable alternative to the proposed co-dispatch
center.
R3. The San Luis Obispo County Board of Supervisors should require the San Luis Obispo
County Sheriff to provide a clear, long-term pricing for dispatch service with and
without the proposed co-dispatch center.
R4. The San Luis Obispo County Board of Supervisors should include the reallocation of
space in the EOC building for expanded dispatch operations in their current negotiations
with PG&E regarding the closing of Diablo Canyon Nuclear Power Plant in 2025.
REQUIRED RESPONSES
The following people are required to respond to the findings and recommendations within the
timeframe shown and in accordance with the California Penal Code Section 933.05:
The City of Atascadero shall respond to R1
The City of Grover Beach shall respond to R1
The City of Pismo Beach shall respond to R1
The City of Paso Robles shall respond to R1
The City of San Luis Obispo shall respond to R1
San Luis Obispo County Sheriff shall respond to R2 and R3
San Luis Obispo County Board of Supervisors shall respond to R3 and R4
ITEM NUMBER: D-3
DATE: 12/08/20
ATTACHMENT: 1
Page 152 of 156
Submitted November 5, 2020 10
The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior 322
Court by January 5, 2021. Please provide a paper copy and an electronic version of all responses to
323 the Grand Jury.
AGENCY RESPONSE REQUIREMENTS
The Penal Code Section 933.05 that specifies the format and methodology for agency responses is
listed below. All agency respondents are required to respond to all findings and recommendations
in the following manner:
• If the respondent disagrees wholly or partially with an item, the respondent must elaborate on the
portion of the item that they disagree with, and provide an explanation.
• If a respondent notes that an item will be implemented in the future, the response must include a
timeframe for implementation.
• If a respondent notes that an item requires further analysis, the agency must include in the response
an explanation of and the scope of what will be studied and the timeframe needed for the study.
The timeframe for follow-up from the agency cannot exceed six months.
• If the item will not be implemented or is not reasonable, the respondent is required to provide a
detailed explanation.
933.05. Findings and Recommendations
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding
person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response
shall specify the portion of the finding that is disputed and shall include an explanation of
the reasons therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the
responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented
action.
(2) The recommendation has not yet been implemented, but will be implemented in the future,
with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and
parameters of an analysis or study, and a timeframe for the matter to be prepared for
discussion by the officer or head of the agency or department being investigated or
ITEM NUMBER: D-3
DATE: 12/08/20
ATTACHMENT: 1
Page 153 of 156
Submitted November 5, 2020 11
reviewed, including the governing body of the public agency when applicable. This
timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not
reasonable, with an explanation therefore.
Presiding Judge Grand Jury
Presiding Judge Jacquelyn H. Duffy
Superior Court of California
1035 Palm Street Room 355
San Luis Obispo, CA 93408
San Luis Obispo County Grand Jury
P.O. Box 4910
San Luis Obispo, CA 93403
APPENDICES, ATTACHMENTS, BIBLIOGRAPHY, GLOSSARY AND
SUGGESTED READING
City of San Luis Obispo Merger Analysis May 14, 2020.
ITEM NUMBER: D-3
DATE: 12/08/20
ATTACHMENT: 1
Page 154 of 156
RESPONSE TO GRAND JURY REPORT
Report Title: Joint Agency Dispatch: Better Together?
Report Date: November 6, 2020
Response by: Rachelle Rickard Title: City Manager
RECOMMENDATIONS
1. Recommendations numbered have been implemented.
(Attach a summary describing the implementation actions.)
2. Recommendations numbered have not yet been implemented, but
will be implemented in the future.
(Attach a timeframe for the implementation.)
3. Recommendations numbered require further analysis.
(Attach an explanation and the scope and parameters of an analysis or study, and a
timeframe for the matter to be prepared for discussion by the officer or director of the
agency or department being investigated or reviewed, including the governing body of the
public agency when applicable. This timeframe shall not exceed six months from the date
of the publication of the Grand Jury report.)
4. Recommendations numbered 1 will not be implemented because
they are not warranted or are not reasonable.
(Attach an explanation.)
Date: Signed:
Number of pages attached: 1
ITEM NUMBER: D-3
DATE: 12/08/20
ATTACHMENT: 2
Page 155 of 156
City of Atascadero
Response to Grand Jury Report
Joint Agency Dispatch – Better Together?
R1. The Cities of Atascadero, Grover Beach, Paso Robles, Pismo Beach and San Luis
Obispo, should each request a proposal from the San Luis Obispo County Sheriff and
Cal Fire to provide contract dispatch services and present it as an option in future
budgets.
The City of Atascadero is committed to providing excellent, efficient, and cost effective
services to our residents. The City has hired specialized consultants to study
consolidation of dispatch operations on multiple occasions in order to ensure the City is
providing cost effective services that meet the needs of our residents. Upon conclusion
of these studies, the consultants have not recommended pursuing consolidation.
Some of the barriers to consolidated dispatch operations for the City of Atascade ro
include:
Significant capital costs for procurement of compatible equipment
Loss of City control on quality, method, and costs of dispatch services
Increased costs to City to cover ancillary duties currently covered by dispatchers
Disparity in salary and benefits between the City and the contracting agencies
Lack of institutional knowledge required for safety and service levels when
responding to calls that is not available through GPS technology or mapping and
traffic analysis provided by CAD
No option for specific services such as Quickest Route or Pulse Point
While the Grand Jury Report concluded there are benefits to consolidation, and those
benefits may be better realized by some agencies over others, the current barriers to
consolidated dispatch operations for the City of Atascadero outweigh any potential
benefits at this time.
As always, City staff will continue to look for ways to streamline operations while providing
efficient and cost effective services to the community. The Atascadero Poli ce
Department’s goal is to be the premier law enforcement agency on the Central
Coast. They do this through a commitment to Professionalism, Partnerships and
Personal Growth. Dispatch is an integral part of the Department and City. The City is
fortunate to have these dedicated professionals serving our community as part of our
public safety team.
ITEM NUMBER: D-3
DATE: 12/08/20
ATTACHMENT: 2
Page 156 of 156