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CITY OF ATASCADERO

CITY COUNCIL

AGENDA

Tuesday, September 11, 2007 Town Hall Meeting: 5:00 P.M. Redevelopment Agency: 6:30 P.M. City Council: 7:00 P.M.

City Hall

Council Chambers

6907 El Camino Real, Atascadero, California

DOWNTOWN STREETSCAPE PHASE II: TOWN HALL MEETING: 5:00 P.M.

REDEVELOPMENT AGENCY: 6:30 P.M.

CLOSED SESSION: (Immediately Following Redevelopment Agency Meeting)

1. PUBLIC COMMENT – CLOSED SESSION

2. CALL TO ORDER

a. CONFERENCE WITH LEGAL COUNSEL –

THREATENED LITIGATION (Govt. Code Section 54956.9(b)) MLW Holdings & Kelly Gearhart v. City of Atascadero

3. ADJOURN

4. CLOSED SESSION REPORT

REGULAR SESSION: 7:00 P.M.

PLEDGE OF ALLEGIANCE: Mayor Pro Tem Brennler

ROLL CALL: Mayor Luna

Mayor Pro Tem Brennler

Council Member Béraud

Council Member Clay

Council Member O’Malley

APPROVAL OF AGENDA: Roll Call

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.)

Motion and Vote

1. Qualified Vendor List-Tree Trimming Services

X Fiscal Impact: The cost of the tree trimming services is allocated in Public Works Department budget.

X Recommendation: Council authorize the City Manager to enter into ongoing contracts for contract tree trimming services with companies on the "Tree Trimming Services Qualified Vendor List." [Public Works]

2. Temporary Road Closure – Colony Days Parade Route

X Fiscal Impact: Staff time required for traffic control and clean-up related to this event

X Recommendation: Council approve Draft Resolution creating a temporary Colony Days Parade Route and establishing the following road closures for the Parade and related events:

El Camino Real from Curbaril to Traffic Way, West Mall from ECR to Lewis Ave., Entrada Ave. from ECR to Lewis Ave., San Luis Ave. from Curbaril to Pueblo Ave., and Pueblo Ave. from San Luis Ave. to ECR on Saturday October 20, 2007 from 8:30 a.m. until 1:00 p.m.;

Palma Avenue from East Mall to West Mall from 6:00 a.m. Friday October 19, 2007 to noon Monday October 22, 2007;

East Mall from El Camino Real to Lewis Ave. on Saturday October 20, 2007 from 6:00 a.m. to 10:00 p.m.

Lewis Avenue from West Mall to the Bridge on Saturday October 20, 2007 from 6:00 a.m. to 10:00 p.m. [Public Works]

3. Police Vehicle Purchase

X Fiscal Impact: The combined cost of both vehicles is $43,482.08, and is included in the 2007-09 City budget.

X Recommendation: Council authorize the purchase of two (2) police street appearance vehicles from Lasher Dodge in Elk Grove, California. [Police]

4. Title 9 Planning and Zoning Text Amendment PLN 2007-1201 for ZCH ZCH 2007-0136 / PLN 2007-0137, 5440 Traffic Way (Habitat for Humanity)

X Description: Proposed project consists of a 4-unit attached residential Planned Development.

X Fiscal Impact: None.

X Recommendations: Council:

1. Adopt on second reading by title only, Draft Ordinance A, adopting Zone Change 2007-0136 establishing a Planned Development Overlay-30 code text change, based on findings; and, 2. Adopt on second reading by title only, Draft Ordinance B, adopting Zone Change 2007-0137 establishing a Zone Map Change at 5440 Traffic Way, based on findings. [Community Development]

5. Contract for Interim City Attorney Services

X Fiscal Impact: It is expected that no budget adjustments will be needed to handle the expense of this contract in the interim.

X Recommendations: Council:

1. Ratify the contract entered into by the City Manager for attorney services on an interim basis by Robert Schulz and Hanley & Fleishman, LLP, for the period of time since the last City Council meeting; and,

2. Authorize the City Manager to execute a written contract with Robert Schulz and Hanley & Fleishman, LLP, for interim city attorney services. [City Manager]

Motion and Vote

B. PUBLIC HEARINGS:

1. PLN-2099-1002, Zone Change / Conditional Use Permit / Tentative Parcel Map, Planned Development Overlay-16, 5190 Portola Road (Nolan)

X Disclosure of Ex-Parte Communications

X Description: Proposed project would allow a 2-lot residential planned development.

X Fiscal Impact: If approved, based on findings from the Taussig Study, revenue from new residential development including property tax revenues, vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and Community Facilities Districts (Conditions CUP 12 / TPM 8). Due to the small size of the project, staff is recommending that this condition be waived.

X Recommendation: The Planning Commission on a 5-2 vote recommends the City Council:

Adopt Draft Resolution A denying PLN 2099-1002, ZCH 2004-0091, CUP 2004-0140 and TPM 2004-0057 (AT 03-0258) for being inconsistent with the purpose and intent of the PD-16 Overlay Zone. [Community Development]

Motion and Vote

C. MANAGEMENT REPORTS:

1. General Plan Master Plan of Development Overlay #12, Atascadero Avenue Triangle Pocket Park – Project Issues and Options

Motion and Vote

X Fiscal Impact: Will depend on Council direction.

X Recommendation: Council provide direction to staff on how to proceed with Master Plan of Development Overlay #12. [Community Development]

2. Adoption of the Colony Park Community Center Policies and Procedures and Fee Schedules

Motion and Vote

X Fiscal Impact: Rental revenue is anticipated to be approximately $10,000.00 annually.

X Recommendation: Council review and adopt the Colony Park Community Center fee schedules and the facility policies and procedures manual. [Community Services]

3. Development Services Permit Streamlining Program – Update Presentation

X Fiscal Impact: None.

X Recommendation: Council receive and file the report [Community Development]

4. Annual Housing Report, Calendar Year 2006 (PLN 2006-1133)

X Description: Notice to Council of filing of Annual Housing Report to Department of Housing and Community Development to monitor implementation of the City’s General Plan Housing Element and progress toward meeting the City’s Regional Housing Needs Allocation (RHNA).

X Fiscal Impact: None.

X Recommendation: City Council receive and file the attached Annual Housing Report. [Community Development]

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 five minutes. Please state your name for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.)

COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.)

D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Luna

1. County Mayor’s Round Table

2. Finance Committee

3. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee

4. Nacimiento Water Purveyors’ Contract Technical Advisory Group

5. North County Water Purveyors Group

Mayor Pro Tem Brennler

1. Air Pollution Control District (APCD)

2. Economic Opportunity Commission (EOC)

3. Atascadero Youth Task Force

Council Member Béraud

1. Integrated Waste Management Authority (IWMA)

2. City / Schools Committee

Council Member Clay

1. City / Schools Committee

Council Member O’Malley

1. S.L.O. Council of Governments (SLOCOG)

2. S.L.O. Regional Transit Authority (SLORTA)

3. Finance Committee

4. Economic Vitality Corporation, Board of Directors (EVC)

5. League of California Cities – Council Liaison

E. INDIVIDUAL DETERMINATION AND/OR ACTION:

1. City Council

2. City Clerk

3. City Treasurer

4. City Attorney

5. City Manager

F. ADJOURNMENT:

Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office.

I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the September 11, 2007 Regular Session of the Atascadero City Council was posted on September 5, 2007 at the Atascadero City Hall, 6907 El Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location.

Signed this 5th day of September, 2007 at Atascadero, California.

___________________________________

Victoria Randall, Deputy City Clerk

City of Atascadero

City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the City Hall Council Chambers, 6907 El Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda.Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. Council meetings are video taped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way:

1. You must approach the podium and be recognized by the Mayor

2. Give your name and address (not required)

3. Make your statement

4. All comments should be made to the Mayor and Council

5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present

6. All comments limited to 5 minutes (unless changed by the Council)

7. No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item.

If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to:

Please approach the podium and be recognized

Give your name and address (not required)

State the nature of your business

This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council).

Staff Reports

Staff Reports / Attachments
A-1: Tree Trimming   99.03 kb.Download
  Staff Report
A-2: Col Days Road Closure   88.1 kb.Download
  Staff Report
A-2: Col Days Road Closure (att.)   8 kb.Download
  Staff Report
A-3: Police Vehicle Purchase   35.58 kb.Download
  Staff Report
A-4: Habitat for Humanity 2nd Reading   184.77 kb.Download
  Staff Report
A-5: Interim City Attorney   51.59 kb.Download
  Staff Report
A-5: Interim City Attorney (att.)   70.64 kb.Download
  Staff Report
B-1: 5190 Portola Rd.-Nolan   2.74 mb.Download
  Staff Report
C-1: Triangle Park   1.07 mb.Download
  Staff Report
C-2: Attachment 1 p. 1   30.94 kb.Download
  Staff Report
C-2: Attachment 1 p. 2   31.08 kb.Download
  Staff Report
C-2: Attachment 1 p. 3   31.96 kb.Download
  Staff Report
C-2: Attachment 2   248.91 kb.Download
  Staff Report
C-2: Colony Park Community Center   67.49 kb.Download
  Staff Report
C-3: Permit Streamlining   279.31 kb.Download
  Staff Report
C-4: Housing Report 2006   1.05 mb.Download
  Staff Report

 

 

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