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Tuesday, November 27, 2007


Redevelopment Agency: 6:00 P.M.

City Council: 7:00 P.M.

City Hall Council Chambers

6907 El Camino Real, Atascadero, California


PLEDGE OF ALLEGIANCE: Mayor Pro Tem Brennler


Mayor Luna

Mayor Pro Tem Brennler

Council Member Béraud

Council Member Clay

Council Member O’Malley






1. Optimist Club of Atascadero – Donation for the Colony Park Community Center

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. Agreement to Provide City Attorney Legal Services

X Fiscal Impact: Monthly retainer of $9,500 for general legal work. Additional service to be billed at an hourly rate.

X Recommendation: Council approve the attached agreement with the law firm of Burke, Williams & Sorenson, to provide City Attorney Legal Services for the City of Atascadero. [City Manager]

2. Temporary Road Closure – Clear Channel Radio – Ice Skating Rink

X Fiscal Impact: $160.00 for the installation of Road Closed signs by Public Works Staff.

X Recommendation: Council approve a request by Clear Channel Radio for the closure of Palma Ave., West Mall to East Mall, from December 20, 2007 through January 7, 2008. [Public Works]

3. Temporary Road Closure – Holiday Musical Walk-around-the-Lake

X Fiscal Impact: $320.00 for the installation of Road Closed signs by Public Works Staff.

X Recommendation: Council approve the temporary road closure of Marchant Avenue (from Pismo Street to Santa Rosa Road) and Lakeview Drive (from Santa Rosa to Portola Road) for the Holiday Musical Walk-around-the-Lake on December 1, 2007. [Public Works]

4. Final Map 2007-0153 (Parcel Map AT 02-0160) 2800 El Camino Real (LLA   2002-0043) (Frederick)

X Description: Final Map for Lot Line Adjustment, which changes configuration of two parcels, but does not create additional lots or overall square footage.
X Fiscal Impact: None.
X Recommendations: Council:

1. Accept and Approve Final Parcel Map 2007-0153 (Parcel Map ATAL 02-0160), and
2. Reject, without prejudice to future acceptance, the offer of dedication for Public Drainage Easement on behalf of the public, and
3. Authorize and direct the City Clerk to endorse the City Council’s approval on the map. [Public Works]


5. Second Reading of Draft Ordinances for PLN-2099-0818, General Plan Amendment / Zone Change / Planned Development Amendment and Two Lot Parcel Map, Eagle Creek Golf Course (Gearhart)


Motion and Vote

X Description: Approval would result in zone changes, the authorization to replace the existing golf course with two single-family residences, and a 10-acre lot subdivision into two lots.

X Fiscal Impact: The project will likely have a slight negative fiscal impact on City Revenues. A City fiscal analysis found that residential projects tend to require services that exceed the tax revenues generated. The total deficit for the project is estimated at less than $1,000 and is off-set by the large privately maintained open space area.

X Recommendations: Council:

1. Approve on second reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0111 amending the PD-8 Overlay District based on findings; and

2. Approve on second reading, by title only, Draft Ordinance B approving Zoning Map Change 2005-0111 based on findings. [Community Development]

6. Title 4 / Title 7/ Title 8 Local Building Code and Fire Protection Code Adoption (City of Atascadero)

X Description: Proposed ordinance will bring the City’s Building and Fire Protection Codes into conformance with the required State Codes that take effect January 1, 2008, and will also establish amendments to the State Code specific to the City of Atascadero.

X Fiscal Impact: There are no significant fiscal impacts.

X Recommendation: Council adopt on second reading, by title only, Draft Ordinance A to:

(1) repeal Title 8 (Building Regulations) and Chapter 7 of Title 4 (Fire Code) of the Municipal Code, and (2) approve a new Title 8 and Chapter 7 of Title 4 adopting the 2007 edition of the California Building, Mechanical, Plumbing, Electrical, Historical Building, Existing Building, and Fire Codes, and the 2006 edition of the International Property Maintenance Code, with amendments, and (3) amend Chapter 3 of Title 7 (Public Works) to revise the definition of sewer connection availability. [Community Development]



1. PLN 2099-1108, Planned Development Overlay Zone #31: BMX Facility Master Plan of Development, 6575 Sycamore Rd. (Atascadero BMX)
Motion and Vote
X Disclosure of Ex Parte Communications:
X Description: Approval of the proposed project would allow a private BMX facility to be located at 6575 Sycamore Road.

X Fiscal Impact: It is staff’s understanding that the proposed BMX facility will not be operated as a public facility, and no staff or operational costs will be incurred. Additionally, all liability will be the responsibility of the Atascadero BMX Association.

X Recommendations: Planning Commission Recommends: Council:

1. Adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2006-0015; and

2. Introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0108 to establish Planned Development Overlay Zone #31; and

3. Introduce for first reading, by title only, Draft Ordinance B approving Zone Map Change 2007-0143 based on findings; and

4. Adopt Draft Resolution B approving Conditional Use Permit 2005-0168 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development]


2. PLN 2006-1111, Condominium Development and Condominium Conversion Ordinance (Title 9 and Title 11) City of Atascadero

Motion and Vote

Amending Motion and Vote

X Description: Approval of Ordinance will allow for conditional use permit review for all new condominium development projects, including site condominiums, and will help to retain the rental housing inventory in Atascadero by establishing procedures and requirements for residential condominium conversions.

X Fiscal Impact: The fiscal impact will vary depending upon the methods of implementation and the effect of the Ordinance on applications. Staff time and resources are currently used to process project requests, additional staff time may be required to monitor construction of new rental units and to administer new inclusionary requirements. However, since few new rental units are currently being constructed, the Ordinance may have the effect of reducing the staff workload due to a decrease in applications for condominium conversions.

X Recommendation: The Planning Commission recommends:

Council introduce for first reading, by title only, Draft Ordinance A to approve PLN 2006-1111 (Zone Change 2006-0118) based on findings. [Community Development]



1. Solid Waste, Recycling and Green Waste, Agreements and Information
Motion and Vote

X Description: This report addresses proposed changes in the services and fees for collection and disposal of solid waste, recycling and green waste.

X Fiscal Impact: The new annual franchise fee will be approximately $395,000.00, which reflects a $197,500 increase.

X Recommendations: Council:

1. Receive the report on the Integrated Waste Management Authority solid waste management fee; and

2. Authorize the City Manager to execute the Amended and Restated Solid Waste Collection Franchise Agreement with Atascadero Waste Alternatives; and

3. Deny the request by Chicago Grade Landfill, Inc. to amend the existing agreement between the City and Chicago Grade Landfill for the

Exclusive Depositing of City Waste Collections into the Chicago Grade Landfill. [Public Works]

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 and CITIPAC Board Member



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.


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, . 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:

h Please approach the podium and be recognized

h Give your name and address (not required)

h 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 Att. City Attorney Contract   68.87 kb.Download
  A-1 Att. City Attorney Contract
A-1 City Attorney Contract   49.24 kb.Download
  A-1 City Attorney Contract
A-2 Road Closure - Ice Rink   146.7 kb.Download
  A-2 Road Closure - Ice Rink
A-3 Road Closure - Holiday Walk   110.6 kb.Download
  A-3 Road Closure - Holiday Walk
A-4 Final Map - 2800 ECR   261.07 kb.Download
  A-4 Final Map - 2800 ECR
A-5 Eagle Creek   185.36 kb.Download
  A-5 Eagle Creek
A-6 Codes Adoption   438.84 kb.Download
  A-6 Codes Adoption
B-1 Atascadero BMX   1.43 mb.Download
  B-1 Atascadero BMX
B-2 Condo Dev   268.15 kb.Download
  B-2 Condo Dev
C-1 Solid Waste   128.22 kb.Download
  C-1 Solid Waste


AGP Video