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Staff Reports

CITY OF ATASCADERO
CITY COUNCIL 

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AGENDA
 
Tuesday, June 24, 2008
 
City Hall
Council Chambers
6907 El Camino Real, Atascadero, California
 
 
CLOSED SESSION: 5:00 PM
 
1. PUBLIC COMMENT – CLOSED SESSION
 
2. CALL TO ORDER
 
a. CONFERENCE WITH LEGAL COUNSEL--
ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(c)
(Number of cases: 5)
 
3. ADJOURN
 
 
CLOSED SESSION REPORT
 
    
REGULAR SESSION: 6:00 PM 
 
 
 PLEDGE OF ALLEGIANCE: Council Member Luna
 
 
Closed Session 5:00 p.m.
Regular Session 6:00 p.m. 
 
 
 ROLL CALL: Mayor Brennler
   Mayor Pro Tem Beraud
   Council Member Clay   
Council Member Luna
Council Member O’Malley 
 
 
 APPROVAL OF AGENDA:  Roll Call

 Motion and  Vote

 Motion and Vote
 
 
PRESENTATION: 
 
1.  Recognition of Paige Buck-Moyer, Former Parks & Recreation
Commission Youth Representative 
 
 
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.  City Council Public Trust Workshop Draft Minutes - April 2 & 3, 2008   
 Recommendation: Council approve the City Council Public Trust Workshop
Minutes of April 2 & 3, 2008. [City Clerk]

 Motion and Vote
 
2. City Council Draft Minutes - April 8, 2008 
Recommendation: Council approve the City Council Minutes of April 8,
2008. [City Clerk]
 
3. General Municipal Election November 4, 2008
Description:  The City Council must adopt resolutions to initiate the election
process, and to combine our election with the County.
 
Fiscal Impact:  The cost to the City is determined by the number of
registered voters on Election Day, and the number of Candidate Statements
included in the Voter Pamphlet.  The City Clerk’s estimate is $20,000.00.

Recommendations:  Council:
1. Adopt Draft Resolution A, calling and giving notice of the holding of a
General Municipal Election to be held on Tuesday, November 4, 2008;
and,
2. Adopt Draft Resolution B, requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal Election
to be held on November 4, 2008. [City Clerk]
 
4. February 2008 Investment Report 
Fiscal Impact: None
 
Recommendation: Council approve the City Treasurer’s report for February
2008.  [Treasurer]
 
 
5.  Catering Agreement Approval for the Pavilion on the Lake  
Fiscal Impact: The City of Atascadero will receive $150 per month rental fee
of the cafeì, plus 20% of gross receipts for all on-site cafeì & catering sales,
and 10% of gross receipts for all off-site catering sales.
 
Recommendation: Council approve a five-year contract for catering and
food services for the Pavilion on the Lake with Pacific Harvest Catering,
effective June 30, 2008 through June 30, 2013. [Community Services]

 Motion and  Vote
 
6. Final Map 2008-0156 (Parcel Map AT 07-0080), 6305 Morro Road (LLA 2007-0080), Giessinger  
Fiscal Impact: None
 
Recommendations: Council:
1. Adopt and approve Final Parcel Map 2008-0156 (Parcel Map ATAL 07
0080); and, 
2. Abandon a portion of the Marchant Avenue Right-of-Way, according to
Streets and Highway Code Section 66499.20 1/2 and as approved by
the City Council on October 9, 2007, with the Filing of this map; and,
3. Authorize and direct the City Clerk to endorse the City Council’s
approval on the map.  [Public Works]
 
7. Paloma Creek Park Sports Field Lighting Project – Materials Only Package Award – City Bid No. 2008-003
Fiscal Impact:  $149,300.00 in Vehicle and Equipment funds.
 
Recommendation: Council authorize the City Manager to execute a contract
with Musco Lighting West, Inc. in the amount of $149,300 for the purchase
of materials for the replacement of the Softball Field Lighting at Paloma
Creek Park. [Public Works]
 
8. Community Development Block Grant Program Fiscal Years 2009 through 2011
Fiscal Impact: Continued availability of approximately $190,000 annually
during the next 3 years for CDBG eligible programs.
 
Recommendation:  Council authorize continued participation in the Urban
County Community Development Block Grant Program for Fiscal Years
2009 through 2011. [Public Works]
 
9. 2006/2007 Rehabilitation Project Award (Del Rio/ San Jacinto Road) City Bid No. 2008-006
Fiscal Impact:  $708,714.39 allocated from Local Transportation Funds and Proposition 1B Funds.
 
Recommendations: Council:
1. Authorize the City Manager to execute a contract with Union Asphalt,
Inc. in the amount of $708,714.39 for construction of the 2006-2007
Road Rehabilitation Project; and
2. Authorize the Public Works Director to intermittently close portions of Del
Rio and San Jacinto Road during the construction period. [Public Works]
 
 
10. Woodridge/Las LomasTract 2525, Phases I and II Acceptance of the Offers of Dedication for Public Open Space No. 1, No. 2 and No. 4. Certify Completion of and Begin Warranty Period for Landscape and Reduce Bond Amounts for Public Improvements
Fiscal Impact: The City’s costs for the 2007-2008 (current year) are
estimated to be $6,678.00.
 
Recommendations:  Council:
1. Adopt Draft Resolution A accepting the Public Improvements within the
areas proposed for Dedication of Public Open Space on Tract 2525,
Phase I and reject the improvements in the areas of dedication for
maintenance; and,
2. Adopt Draft Resolution B accepting the Offer of Dedications for Public
Open Space No. 1, No. 2 and No. 4, in Fee Simple, on Tract 2525,
Phase I; and,
3. Authorize the Public Works Director to reduce Tract 2525, Phases I and
II Public Improvement Bonds to reflect work completed and to accept
Landscape Improvements as complete and subject to a one-year
warranty period; and,
4. Authorize the Public Works Director to accept the Paloma Creek
Pedestrian Bridge as complete and subject to a one-year warranty
period. [Public Works]
 
11. Ordinance to Amend City’s Smoking Ordinance to Include Prohibition of Smoking at Atascadero State Hospital
Fiscal Impact:  None.

Recommendation: Council adopt on second reading by title only, the Draft
Ordinance adding Section 8 to Title 6, Chapter 6 of the Atascadero
Municipal Code providing for the prohibition of smoking at the Atascadero
State Hospital.  [Police and City Attorney] 
 
 
 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.  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.)
 
 
B. PUBLIC HEARINGS
 
1.  Initiative Petition to Amend the General Plan and Zoning Code
Fiscal Impact:  The cost to the City is determined by the number of
registered voters on Election Day, and the number of pages used in the
Voter Pamphlet for the Ballot Measure text, impartial analysis and
arguments.  The City Clerk’s estimate is $2,000.00.

Recommendations:  Council: 
1. Receive the Certificate of Sufficiency from the City Clerk, certifying the
Initiative Petition to Amend the General Plan and Zoning Code to
Prohibit Commercial Establishments in Excess of 150,000 Square
Feet of Gross Floor Area or Retail Discount Stores in Excess of
90,000 Square Feet with at Least 5% of Gross Floor Area Dedicated
To Items Such As Groceries that was filed with the City Clerk on May
8, 2008; 
AND
2. Take one of the following actions:
a. Adopt the proposed Ordinance, without alteration, amending
the General Plan and Zoning Code to Prohibit Commercial
Establishments in Excess of 150,000 Square Feet of Gross
Floor Area or Retail Discount Stores in Excess of 90,000
Square Feet with at Least 5% of Gross Floor Area Dedicated
to Items Such as Groceries.
 
OR
b. Call for an election.
i. Submit the Ordinance, without alteration, to the voters
by adopting the Draft Resolution A, ordering the
submission, to the qualified electors of the City,  of a
certain measure relating to amending the General
Plan and Zoning Code, at the General Municipal
Election to be held on Tuesday, November 4, 2008,
as called by Resolution No. _________; and,
ii. Adopt Draft Resolution B, setting priorities for filing
written arguments regarding a City measure and
directing the City Attorney to prepare an impartial
analysis.
 
OR
c. Order a report on the impact the adoption of this ordinance
would have on the City.  (Once the Council receives this
report, the Council shall either adopt the ordinance within
10 days or order an election.) [City Clerk]

 Public Comment on Item

 Motion and  Vote
 
 
C. MANAGEMENT REPORTS
 
1. Ordinance Amending Title 2, Chapter 1, Section 2-1.15 of the Atascadero Municipal Code, pertaining to Voluntary Abstentions
Description:  This Ordinance, if adopted, would clarify the interpretation of
an abstention vote.

Fiscal Impact:  None.

Recommendation: Council introduce for first reading, by title only, the
Draft Ordinance amending Title 2, Chapter 1, Section 2-1.15 of the
Atascadero Municipal Code pertaining to voluntary abstentions.
 
2. Update on City Council Strategic Planning Goals 
Fiscal Impact:  None.

Recommendation: Council provide direction on the progress and status of
the City Council’s strategic planning goals. [City Manager]
 
 
3. Dormant Building Permit Applications and Unpaid Plan Check Fees Update – Potential Time Extension Program
Fiscal Impact: Collection of unpaid plan check fees is estimated to provide
a financial benefit to the City of approximately $150,000. 

Recommendation: Council direct staff to prepare a Title 8 code text
amendment to retroactively extend dormant and expired single family
residential, multi-family residential, industrial, and commercial building
permit applications to December 31, 2009, once all outstanding, unpaid
plan check fees have been paid. [Community Development]
 
 
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.)
 
1. Council Member Jerry Clay
 
a. Council Member Clay recommends that the City Council place Wal-Mart’s
proposal to construct a Super Wal-Mart on their Del Rio property on the
November Ballot as an Advisory Vote Ballot Measure.  
He requests Council consensus to direct staff to add to their July 8, 2008,
agenda, consideration of the addition of this Ballot Measure to the
November 2008 election:
 
Advisory Vote Only
I support the Wal-Mart’s proposal to construct 
a Super Wal-Mart at their Del Rio location.     Yes / No
 
 
b. Council Member Clay recommends that the City Council place the
question, should the Mayor position be elected, on the November Ballot as
a Ballot Measure.
He requests Council consensus to direct staff to add to their July 8, 2008,
agenda, consideration of the addition of a Ballot Measure to the November
2008 election, asking the voters if they want the Mayor position elected:
 
Shall the electors elect a Mayor and four Council Members?  Yes / No
If yes, shall the term of office of Mayor be two years?  Yes / No
If yes, shall the term of office of Mayor be four years? Yes / No
 
 
D. COMMITTEE REPORTS:  (The following represent standing committees. 
Informative status reports will be given, as felt necessary):
 
Mayor Brennler
1. County Mayor’s Round Table
2. Air Pollution Control District (APCD)
3. Finance Committee
 
Mayor Pro Tem Beraud
1. Integrated Waste Management Authority (IWMA)
2. City / Schools Committee
 
Council Member Clay
1. City / Schools Committee
2. Atascadero Youth Task Force
 
Council Member Luna
1. Finance Committee
 
Council Member O’Malley
1. S.L.O. Council of Governments (SLOCOG) 
2. S.L.O. Regional Transit Authority (SLORTA)
3. Economic Vitality Corporation, Board of Directors (EVC)
4. League of California Cities – Council Liaison and CITIPAC Board Member 
 
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 June 24, 2008 Regular Session of the Atascadero City Council was
posted on June 18, 2008 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 18th day of June, 2008 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 6:00 p.m. unless there is a
Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence
immediately following the conclusion of the Community Redevelopment Agency meeting.  Council meetings will be held 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, 6907 El Camino Real, Atascadero, 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 lectern.  If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name 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 3 minutes 
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 lectern 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 / Attachments
A-1 Public Trust Draft Minutes 040208.pdf   89.3 kb.Download
  A-1 Public Trust Draft Minutes 040208.pdf
A-10 Woodridge BAD CC-SR-MM.pdf   196.77 kb.Download
  A-10 Woodridge BAD CC-SR-MM.pdf
A-11 Att.B Smoking Ordinance.pdf   45.15 kb.Download
  A-11 Att.B Smoking Ordinance.pdf
A-11 Att. A Smoking Ord Attch.pdf   59.99 kb.Download
  A-11 Att. A Smoking Ord Attch.pdf
A-11 Smoking prohibition 2nd rding.pdf   91.38 kb.Download
  A-11 Smoking prohibition 2nd rding.pdf
A-2 CC Draft Minutes 040808.pdf   156.27 kb.Download
  A-2 CC Draft Minutes 040808.pdf
A-3 Election Report.pdf   62.04 kb.Download
  A-3 Election Report.pdf
A-3 Att. Election Reso A.pdf   41.29 kb.Download
  A-3 Att. Election Reso A.pdf
A-3 Att. Election Reso B.pdf   10.87 kb.Download
  A-3 Att. Election Reso B.pdf
A-4 Feb 2008 Investment Report.pdf   604.15 kb.Download
  A-4 Feb 2008 Investment Report.pdf
A-5 Pavilion Catering Agreement.pdf   51.07 kb.Download
  A-5 Pavilion Catering Agreement.pdf
A-5 Att. Pavilion Catering Agreement.pdf   185.79 kb.Download
  A-5 Att. Pavilion Catering Agreement.pdf
A-6 FMP 2008-0156 Giessinger.pdf   618.65 kb.Download
  A-6 FMP 2008-0156 Giessinger.pdf
A-7 Paloma Lighting Materials Award.pdf   89.99 kb.Download
  A-7 Paloma Lighting Materials Award.pdf
A-8 3 year CDBG Cooperative Agrmnt.pdf   80.18 kb.Download
  A-8 3 year CDBG Cooperative Agrmnt.pdf
A-9 2006-2007 Rehab Proj.pdf   55.29 kb.Download
  A-9 2006-2007 Rehab Proj.pdf
A-9 Att. Del Rio-San Jacinto Rehab.pdf   8.58 kb.Download
  A-9 Att. Del Rio-San Jacinto Rehab.pdf
B-1 Initiative Petition Report.pdf   69.81 kb.Download
  B-1 Initiative Petition Report.pdf
B-1 Att. Ballot Title and Summary.pdf   61.1 kb.Download
  B-1 Att. Ballot Title and Summary.pdf
B-1 Att. Certificate of Sufficiency.pdf   70.8 kb.Download
  B-1 Att. Certificate of Sufficiency.pdf
B-1 Att. Initiative Reso A.pdf   11.11 kb.Download
  B-1 Att. Initiative Reso A.pdf
B-1 Att. Resolution 2002-028.pdf   65.65 kb.Download
  B-1 Att. Resolution 2002-028.pdf
B-1 Att. Initiative Reso B.pdf   36.7 kb.Download
  B-1 Att. Initiative Reso B.pdf
B-1 Att. Proposed Ordinance.pdf   161.97 kb.Download
  B-1 Att. Proposed Ordinance.pdf
C-1 Abstention Report.pdf   83.81 kb.Download
  C-1 Abstention Report.pdf
C-1 Att. Abstention Ordinance.pdf   47.49 kb.Download
  C-1 Att. Abstention Ordinance.pdf
C-2 Strategic Initiatives.pdf   870.5 kb.Download
  C-2 Strategic Initiatives.pdf
C-3 Dormant Building Permit options.pdf   656.51 kb.Download
  C-3 Dormant Building Permit options.pdf