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CITY OF ATASCADERO CITY COUNCIL 


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AGENDA
 
Tuesday, August 12, 2008

 
 

City Hall
Council Chambers
6907 El Camino Real, Atascadero, California
 
 
CITY COUNCIL CLOSED SESSION:  5:00 P.M.
 
1. PUBLIC COMMENT – CLOSED SESSION
 
2. CALL TO ORDER
 
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS 
(Govt. Code Sec. 54956.8)
Property address: Easement from Capistrano Avenue to
Stadium Park along APN# 029-105-028
Agency Negotiator: Wade McKinney, City Manager
Negotiating Parties:  Dr. Gary Renzaglia and Ms. Sandy Hughes
Under Negotiation:  Instruction to negotiator will concern price and terms
of payment.
 
 
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 
(Govt.Code Sec. 54956.9(a))
 Title:  Tracey v. City of Atascadero, Case No. CV070917
 
c. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION 
Initiation of litigation pursuant to Government Code Section 54956.9(c)
(Number of cases: 1)
 
d. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: CITY MANAGER
 
e. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: CITY ATTORNEY
 
 
3. ADJOURN
 
 
CLOSED SESSION REPORT 
 
 
 REDEVELOPMENT AGENCY:   6:00 P.M. 
 
 
 REGULAR SESSION: Immediately following the conclusion of the 
    Redevelopment Agency meeting 
 
 
 PLEDGE OF ALLEGIANCE: Mayor Brennler 
 
 
 ROLL CALL:
Mayor Brennler
Mayor Pro Tem Beraud
Council Member Clay   
Council Member Luna
Council Member O’Malley 
 
 
 APPROVAL OF AGENDA:  Roll Call
 
 
 
PRESENTATIONS: 
 
1.  Police Chief’s Commendation for support Services Technician Kelly
Arebalo for Exceptional Performance in a Multi-Jurisdictional Event that
occurred on September 6, 2007.
 
2.  Plaque of Appreciation to Senior Officer Keith Falerios upon the
Retirement of his Canine-Partner, Zep Van Guy’s Hof, who served from
August 28, 2002, until March 19, 2008. 
 
 
3.  Dave Mullinax, League of California Cities Regional Public Affairs
Manager, will make a presentation on the following:  
 
Resolution Opposing Irresponsible State Budget

 Fiscal Impact:  This action will have no financial impact, however if the
State implemented the borrowing contemplated in the current Budget
edition, the impact would cost Atascadero $1,090,000.00.

 Recommendation:  Council adopt Draft Resolution entitled A
RESOLUTION OPPOSING FISCALLY IRRESPONSIBLE STATE
BUDGET DECISIONS THAT WOULD “BORROW” LOCAL
GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS.
[City Manager’s Office]

 Motion and Vote
 
 
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.  DRAFT MINUTES:  Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes.  Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council.  If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of this meeting.)
 Motion and Vote
 
1. City Council Draft Minutes – May 13, 2008 

 Recommendation: Council approve the City Council Meeting Minutes of
May 13, 2008. [City Clerk]
 
2. City Council Special Meeting Draft Minutes – May 22, 2008 
 
 Recommendation: Council approve the City Council Special Meeting
Minutes of May 22, 2008. [City Clerk]
 
 
3. May 2008 Accounts Payable and Payroll

 Fiscal Impact:  $ 1,900,993.39.
 
 Recommendation:  Council approve certified City accounts payable,
payroll and payroll vendor checks for May 2008.  [Administrative Services]
 
4. June 2008 Accounts Payable and Payroll
 
 Fiscal Impact:  $ 2,624,762.76.

 Recommendation:  Council approve certified City accounts payable,
payroll and payroll vendor checks for June 2008.  [Administrative
Services]
 
5. March 2008 Investment Report

 Fiscal Impact:  None.

 Recommendation:  Council approve the City Treasurer’s report for March
2008.  [Administrative Services]
 
6. Acceptance of Proposals for Contract Plan Check Services for Building Services

 Fiscal Impact:  The plan check contract is expected to exceed $100,000
per year.  The cost is paid for by a percentage of the building plan check
fee, which is collected at the time of permit submittal.

 Recommendation:  Council place on eligibility list, and award contracts for
plan check services to, California Code Check, Wildan Engineering, and
NAFFA International.  [Community Development] 
 
7. Café & Concession Agreement Approval for the Colony Park Community Center

 Fiscal Impact:  The City will collect $400 per month rental fee of the café
and 10% of gross receipts for all on-site café & catering sales.

 Recommendation:  Council approve a two-year contract with extension
provisions for cafe and food services for the Colony Park Community
Center with LeBoeuf’s Bar-b-que, effective upon execution of the contract
through September 30, 2010. [Community Services]
 
8. Atascadero Creek Trail and Restoration Project

 Fiscal Impact:  The public process, design, right-of-way and construction
of this project could cost the City an estimated additional $200,000.00.

 Recommendations:  Council:
1. Adopt the Draft Resolution authorizing filing of an application for grant
funds from the River Parkways Grant Program; and,
2. Authorize the Public Works Director to sign Amendment #2 to the
Grant Agreement which transfers the Grant to the City of Atascadero
and extends the project performance period to May 1, 2011. [Public
Works]
 
 
9. Temporary Road Closure – Colony Days Parade Route

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

 Recommendations. Council:
1. Adopt the Draft Resolution establishing a temporary Colony Days
Parade Route and associated tow-away zones; and
2. Approve the following No Parking zone, road closures and tow-away
zones for the Parade and related events:
 Friday, October 17th thru Sunday, October 19th, 2008 - 6:00 a.m.
until 5:00 p.m.
Establish No Parking and tow-away zone
o East Mall - south side only from 5901B to the
entrance to City Parking Lot
 Saturday, October 18, 2008 6 a.m. until 5:00 p.m.
Establish road closure and tow-away zone
o West Mall from El Camino Real to Lewis Avenue
o East Mall from El Camino Real to Lewis Avenue
o Palma Avenue from East Mall to West Mall
 Saturday, October 18, 2008 from 8:00 a.m. until 1:00 p.m.
Establish road closure and tow-away zone
o El Camino Real from Curbaril to Traffic Way
o Entrada Avenue from El Camino Real to Lewis
Avenue
o Lewis Avenue from Traffic Way to Capistrano
o West Mall from El Camino Real to Olmeda
o San Luis Avenue from Curbaril to Pueblo
o Pueblo Avenue from San Luis Avenue to El Camino
Real
o Palma Avenue from East Mall to Traffic Way[Public
Works]
 
10. Temporary Road Closure – Via Avenue Bridge

 Fiscal Impact:  None.

 Recommendation. Council approve a request for the temporary closure of
the Via Avenue Bridge for a guard railing replacement project, exact dates
to be determined. [Public Works]
 
11. Temporary Road Closure – Calvary Chapel of Atascadero

 Fiscal Impact:  None.
 
 Recommendation: Council approve a request by Calvary Chapel of
Atascadero for the closure of Palma Avenue from East Mall to West Mall
from 5:00 p.m. Friday, September 12th to 10:00 p.m. Saturday, September
13th for an event in the Sunken Gardens.
 
 
12. North County Transit Operator’s Agreement

 Fiscal Impact: $35,000 per year to be programmed from region-wide FTA
5307 funds for administrative overhead.

 Recommendation:  Council approve the attached Operator’s Agreement
between the San Luis Obispo Council of Governments, the County of San
Luis Obispo, the San Luis Obispo Regional Transit Authority (RTA) and
the Cities of Atascadero and Paso Robles. [Public Works] 
 
13. Pump Repair Services

 Fiscal Impact:  The costs of Pump Repair Services are billed directly to
previously allocated equipment repair accounts.

 Recommendations:  Council authorize the City Manager to enter into
ongoing contracts, when needed, for contract pump repair services with
the following providers:
Perry’s Electric Motor’s & Controls
Santa Maria Tool, Inc.
Nickson’s Machine Shop, Inc.
PC Mechanical Inc.
  [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 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.  Confirming the Cost of Vegetative Growth and/or Refuse Abatement
 Motion and Vote


 Disclosure of Ex Parte Communications

 Fiscal Impact: The City will receive $155,887.00 from the 2008/2009
property tax rolls in weed abatement / refuse abatement assessments.
 
 Recommendation:  Council adopt the Draft Resolution, confirming the cost
of vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire]
 
 
 
C. MANAGEMENT REPORTS
 
1. Wal-Mart Project and EIR Update – EIR Request of Proposal Process
(Moved to Future Agenda) 

 Fiscal Impact: The fiscal impact of this process on the City is expected to
be minimal.  The City’s cost recovery fees will require that planning staff
time is covered for the preparation of the EIR.  Additional processing fees
for the General Plan amendment and planned development process will
cover additional staff time.

 Recommendations:  Council:
1. Direct staff to issue a request for proposals (RFP) for an Environmental
Impact Report (EIR) per the City’s purchasing policy for the Wal-Mart
project; and,
2. Modify staff authorization to process a Planned Development rather
than a Specific Plan for the Wal-Mart application by adopting Draft
Resolution A. [Community Development]
 
2.  Dormant Building Permit Applications and Unpaid Plan Check Fees Update – Potential Time Extension Program
 Motion and Vote

 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]
 
3.  Campaign Finance Ordinances and Related Issues

 Fiscal Impact:  Contingent on the direction from Council. [City Attorney]
 
4. Informational Background Report – Drive-Throughs – Overview of Zoning Issues and Impacts

 Fiscal Impact:  None.

 Recommendation:  Council provide staff and Planning Commission with
policy interpretation and direction on drive-through facilities. [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.)
 
 
 
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 Béraud
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
 
a. Commission Attendance Report
 
 
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, Marcia McClure Torgerson, City Clerk of the City of Atascadero, declare under the penalty of
perjury that the foregoing agenda for the August 12, 2008 Regular Session of the Atascadero City
Council was posted on August 5, 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 5th day of August, 2008 at Atascadero, California.
 
 
___________________________________
Marcia McClure Torgerson, C.M.C., 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
081208 - C-3 Supplemental Info.pdf   565.56 kb.Download
  081208 - C-3 Supplemental Info.pdf
A-1 Draft CC Minutes 051308.pdf   141.16 kb.Download
  A-1 Draft CC Minutes 051308.pdf
A-10 Road Closure - Via Bridge.pdf   216.94 kb.Download
  A-10 Road Closure - Via Bridge.pdf
A-11 Road Closure-Calvary Chapel.pdf   107.98 kb.Download
  A-11 Road Closure-Calvary Chapel.pdf
A-12 Att. 2008 OPERATOR'S AGRMT.pdf   100.23 kb.Download
  A-12 Att. 2008 OPERATOR'S AGRMT.pdf
A-12 Att. Flow of transition plan.pdf   11.62 kb.Download
  A-12 Att. Flow of transition plan.pdf
A-12 Att. Org Chart 7-7-08.pdf   16.25 kb.Download
  A-12 Att. Org Chart 7-7-08.pdf
A-12 Transit Operators Agreement.pdf   107.02 kb.Download
  A-12 Transit Operators Agreement.pdf
A-13 Pump Repair Services.pdf   79.3 kb.Download
  A-13 Pump Repair Services.pdf
A-2 Workshop Draft Minutes 052208.pdf   80.33 kb.Download
  A-2 Workshop Draft Minutes 052208.pdf
A-3 May Accounts.pdf   533.3 kb.Download
  A-3 May Accounts.pdf
A-4 June Accounts.pdf   600.04 kb.Download
  A-4 June Accounts.pdf
A-5 March Treasurer Report.pdf   444.01 kb.Download
  A-5 March Treasurer Report.pdf
A-6 Plancheck Consultant.pdf   198.7 kb.Download
  A-6 Plancheck Consultant.pdf
A-7 Att. CPCC Cafe-Concession Agmt.pdf   184.2 kb.Download
  A-7 Att. CPCC Cafe-Concession Agmt.pdf
A-7 Cafe-Concession Lease.pdf   55.13 kb.Download
  A-7 Cafe-Concession Lease.pdf
A-8 Atas Creek Trail.pdf   57.59 kb.Download
  A-8 Atas Creek Trail.pdf
A-8 Att. Amendment .pdf   49.09 kb.Download
  A-8 Att. Amendment .pdf
A-8 Att. Atas Creek Trails Reso.pdf   10.14 kb.Download
  A-8 Att. Atas Creek Trails Reso.pdf
A-9 Att. Road Closure-Col Days Reso.pdf   26.53 kb.Download
  A-9 Att. Road Closure-Col Days Reso.pdf
A-9 Col Days Rd Closure.pdf   104.4 kb.Download
  A-9 Col Days Rd Closure.pdf
B-1 Att. Abatement list for 08 09.pdf   42.65 kb.Download
  B-1 Att. Abatement list for 08 09.pdf
B-1 Att. Abatement list ofr 07 08.pdf   71.13 kb.Download
  B-1 Att. Abatement list ofr 07 08.pdf
B-1 Att. Weed Abatement Reso 2008-024.pdf   84.25 kb.Download
  B-1 Att. Weed Abatement Reso 2008-024.pdf
B-1 Cost for Abatement.pdf   78.67 kb.Download
  B-1 Cost for Abatement.pdf
C-1 Wal-Mart EIR - PD process.pdf   2.64 mb.Download
  C-1 Wal-Mart EIR - PD process.pdf
C-2 Dormant Building Permit Options.pdf   626.7 kb.Download
  C-2 Dormant Building Permit Options.pdf
C-3 Att. Campgn Fin Reform att 1-5.pdf   4.54 mb.Download
  C-3 Att. Campgn Fin Reform att 1-5.pdf
C-3 Att. Campgn Fin Reform att 6-17.pdf   4.53 mb.Download
  C-3 Att. Campgn Fin Reform att 6-17.pdf
C-3 Campaign Finance.pdf   86.36 kb.Download
  C-3 Campaign Finance.pdf
C-4 Drive-thrus..pdf   371.41 kb.Download
  C-4 Drive-thrus..pdf
E-5 Commission Attendance.pdf   40.62 kb.Download
  E-5 Commission Attendance.pdf
Prestn Att.Budget Reso.pdf   70.4 kb.Download
  Prestn Att.Budget Reso.pdf
Prestn State Budge Reso.pdf   88.79 kb.Download
  Prestn State Budge Reso.pdf