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CITY OF ATASCADERO
CITY COUNCIL
 Click Here to Start
AGENDA
 
Tuesday, September 9, 2008
 
City Council: 6:00 P.M.
 
City Hall
Council Chambers
6907 El Camino Real, Atascadero, California
 
 
 
REGULAR SESSION: 6:00 P.M. 
 
 
 PLEDGE OF ALLEGIANCE: Mayor Pro Tem Beraud 
 
 
 ROLL CALL:
Mayor Brennler
Mayor Pro Tem Beraud
Council Member Clay   
Council Member Luna
Council Member O’Malley 
 
 
 APPROVAL OF AGENDA:  Roll Call
 
 
PRESENTATION: 
 
1.  Recognition of Steven B. Kahn, City Engineer / Director of Public Works,
for his years of service to the City of Atascadero
 
 
 
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 27, 2008 

Recommendation: Council approve the City Council Meeting Minutes of
May 27, 2008. [City Clerk]
 
2. Observance of Veterans Day - Proposed Cancellation of City Council
Meeting on November 11, 2008

Fiscal Impact:  None.

Recommendation:  Council authorize staff to cancel the City Council
meeting of November 11, 2008, as it is a national holiday, noting the next
regularly scheduled meeting will be on November 25, 2008. [City Clerk]
 
3. Atascadero Creek Reservation No. 3 - Acceptance of Quitclaim Deed
and Acceptance of Assignment and Assumption of Lease (Revised)
 
Description:  Atascadero Creek Reservation No. 3 is the portion of
Atascadero Creek from the El Camino Real Bridge to the Lewis Avenue
Bridge.  The Atascadero Unified School District currently owns this property
and the Atascadero Historical Society holds a lease on this property.

Fiscal Impact:  There are no direct fiscal impacts resulting from the
acceptance of Atascadero Creek Reservation # 3. There may be future
fiscal impacts associated with the acquisition, such as legal costs,
maintenance and irrigation.  
 
Recommendations: Council adopt the Draft Resolution, thereby:
1. Accepting interest in real property conveyed by the Quitclaim Deed dated
October 02, 2007 from the Board of Trustees of the Atascadero Unified
School District; and,
2. Accepting Assignment and Assumption of the Atascadero Historical
Society Lease to the City. [City Manager]
 
4. Purchase of Two Police Patrol Vehicles
 
Fiscal Impact:  The combined cost of both vehicles is $51,908.74 including
sales tax, shipping fees and mandatory tire fees. Funds are provided in the
2008/2009 City Budget. 

Recommendation: Council authorize the purchase of two (2) police patrol
vehicles from Downtown Ford Sales in Sacramento California at a total cost
of $51,908.74.  [Police]
 
 
5. Balboa Road Emergency Access Grading Improvements

Fiscal Impact:  An additional $15,060.00 over what was previously budgeted
for this project.
 
Recommendation: Council authorize the Administrative Services Director to
re-direct an additional $15,060.00 in Local Transportation Funds from the
Road Rehabilitation 5-Year Maintenance Project to the Balboa Road
Project.  [Public Works]
 
6. Final Map 2008-0169 (Parcel Map AT 07-0290) 7095 El Camino Real (TPM
2007-0093) - Adam Scattini

Fiscal Impact:  None.
 
Recommendations:  Council:
1. Adopt and approve Final Parcel Map 2008-0169 (Parcel Map AT 07-
0093); and,
2. Authorize and direct the City Clerk to endorse the Council’s approval on
the Map. [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.  Federal Emergency Management Agency Requirement: Flood Damage
Prevention Ordinance
 Motion and Vote


Disclosure of Ex Parte Communications:
 
Fiscal Impact:  None.
 
Recommendation:  Council introduce for first reading, by title only, a Draft
Ordinance, amending Title 7, Chapter 11 of the Atascadero Municipal Code
pertaining to Flood Damage Prevention.  [Public Works]
 
2.  Dormant Building Permit Applications Time Extensions -Title 8 Code
Text Amendments
 Motion and Vote


Disclosure of Ex Parte Communications:
 
Fiscal Impact:  Collection of unpaid plan check fees is estimated to provide
a financial benefit to the City of approximately $150,000±. 
 
Recommendation: Council introduce for first reading by title only the Draft
Ordinance, amending Title 8 to retroactively extend dormant and expired
single family residential, multi-family residential, industrial, and commercial
building permit applications to June 30, 2010, once all outstanding, unpaid
plan check fees have been paid; and to clarify the City’s building permit fee
refund policy and Board of Appeals membership. [Community Development]
 
 
 
C.  MANAGEMENT REPORTS
 
1.  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]
 
2.  Second Update on Economic Development Strategy

Fiscal Impact:  None.
 
Recommendation:  Council receive an update from representatives of
Applied Development Economics on their progress to date regarding the
economic development strategy. [City Manager]
 
3.  Proposed Government Channel Access Policy
 Motion and  Vote 

Fiscal Impact:  There is no fiscal impact to the City as a result of approving
the attached Policy.  However, funding is not available for the City to
support programming of the government access channel at this time.
 
Recommendation: Council approve the attached draft Government Access
Channel Policy for the City of Atascadero. [City Manager]
 
4.  Ordinance Amending Title 2, Chapter 1, Section 2-1.15 of the Atascadero
Municipal Code, Pertaining to Voluntary Abstentions
 Motion and  Vote

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. [City Attorney] 
 
 
 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 Beìraud
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 September 9, 2008 Regular Session of the Atascadero City Council
was posted on September 2, 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 2nd day of September, 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

A-1 - CC Draft Minutes 052708.pdf   163.89 kb.Download
  A-1 - CC Draft Minutes 052708.pdf
A-2 - Veteran's Day mtg cancel.pdf   71.51 kb.Download
  A-2 - Veteran's Day mtg cancel.pdf
A-3 - Accept of Creek Reserv & lease.pdf   297.57 kb.Download
  A-3 - Accept of Creek Reserv & lease.pdf
A-3 Att. - Creek Exhibit A.pdf   195.7 kb.Download
  A-3 Att. - Creek Exhibit A.pdf
A-3 Att. - Creek Exhibit B.pdf   460.91 kb.Download
  A-3 Att. - Creek Exhibit B.pdf
A-3 Att. - Creek Reso.pdf   40.98 kb.Download
  A-3 Att. - Creek Reso.pdf
A-4 - Police Vehicle Purchase.pdf   53.22 kb.Download
  A-4 - Police Vehicle Purchase.pdf
A-5 - Balboa Road.pdf   55 kb.Download
  A-5 - Balboa Road.pdf
A-5 Att. - Balboa Road Photos.pdf   852.43 kb.Download
  A-5 Att. - Balboa Road Photos.pdf
A-6 - FMP 2008-0169 Scattini.pdf   208.61 kb.Download
  A-6 - FMP 2008-0169 Scattini.pdf
B-1 - Flood Damage Prevention Ord.pdf   80.92 kb.Download
  B-1 - Flood Damage Prevention Ord.pdf
B-1 Att. - Flood Ordinance.pdf   253.77 kb.Download
  B-1 Att. - Flood Ordinance.pdf
B-2 - Expired applic text amndmt.pdf   137.97 kb.Download
  B-2 - Expired applic text amndmt.pdf
C-1 - Drive-thrus.pdf   371.34 kb.Download
  C-1 - Drive-thrus.pdf
C-2 - Second ADE Update.pdf   60.81 kb.Download
  C-2 - Second ADE Update.pdf
C-3 - Govt Access Channel Policy.pdf   69.33 kb.Download
  C-3 - Govt Access Channel Policy.pdf
C-3 Att. - Govt Access Channel policy.pdf   83.98 kb.Download
  C-3 Att. - Govt Access Channel policy.pdf
C-4 - Abstention Report.pdf   83.83 kb.Download
  C-4 - Abstention Report.pdf
C-4 Att. - Abstention Ordinance.pdf   47.54 kb.Download
  C-4 Att. - Abstention Ordinance.pdf