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Tuesday, May 29, 2007

6:00 P.M.

City Hall Council Chambers

6907 El Camino Real

Atascadero, California

ROLL CALL: Mayor Luna

Mayor Pro Tem Brennler

Council Member Béraud

Council Member Clay

Council Member O’Malley







Agency Designated Representatives: City Manager Wade McKinney,

Assistant City Manager Jim Lewis

Employee Organizations: Department Heads, Confidential, Atascadero

Police Association, Atascadero Professional Fire Fighters Association

Local 3600, Service Employees Intl. Union Local 620.






Community Forum





1.  Request for Funding Commitment to Assist in Purchase of Property by the Atascadero Land Preservation Society (8300, 8350, 8400 Toloso Road)

Fiscal Impact: $50,000 from the Tree Fund, and $200,000 from the Open Space Acquisition Fund.


Motion and Vote


Recommendations: Council:


1. Approve the request for funds from the Atascadero Land Preservation Society, in the amount of $250,000.00, to cover the remainder of the purchase price for the Davis property, at Highway 41, near the three bridges; and,


2. Authorize the Administrative Services Director to appropriate $50,000 from the Tree Fund, and $200,000 from the Open Space Acquisition Fund to cover the remainder of the purchase price for the Davis property, at Highway 41, near the three bridges; and,


3. Authorize the City Manager to execute a Deed of Conservation Easement and Agreement Concerning Easement Rights with the Atascadero Land Preservation Society, to guarantee open space status on this property in perpetuity. [City Manager]


2. Resale of Moderate Inclusionary Housing Unit (8985 Cason Court) (City of Atascadero)


Motion and Vote


Description: Request for City to purchase an affordable unit, allowing the City to retain the affordable unit, provide a fair and equal process for the next homebuyer, and allow current owner to sell without incurring debt or undergoing foreclosure.


Fiscal Impact: The proposed purchase of the affordable unit would result in the initial expenditure of approximately $330,000 from the Inclusionary Housing In-lieu fees. Approximately $295,000 (moderate purchase price plus closing costs) would be returned to the fee account upon sale of the unit leaving an outstanding cost of approximately $35,000. If the unit were to sell in the future, prior to the expiration of the 30 year deed restriction, the City would receive payment of the silent second in the amount of approximately $215,000 and 43% of any equity realized by the appreciation of the affordable unit. (All numbers have been rounded up.)


Recommendations: Council adopt the Draft Resolution,



1. Authorizing the City Manager to purchase 8985 Cason Court for an amount not to exceed $321,000, including closing costs; and,


2. Authorizing the City Manager to sell 8985 Cason Court under the provisions of the City’s current Inclusionary Housing Program, to a qualified buyer at the Moderate restricted price level; and,


3. Authorizing the Director of Administrative Services to appropriate $325,000 from the Inclusionary Housing Program In-lieu fees for the purchase of 8985 Cason Court; and,


4. Authorizing the return of all proceeds from the sale of 8985 Cason Court to be returned to the Inclusionary Housing Program In-lieu fee fund. [Community Development]




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, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the May 29, 2007 Special Meeting of the Atascadero City Council was posted on May 24, 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 24th day of May, 2007 at Atascadero, California.


Shannon Sims, Deputy City Clerk

City of Atascadero

City of Atascadero


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 Central  Receptionist counter 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 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. Access to hook up your laptop to the City's projector will 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.


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).


All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council

meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to

the City Manager’s office in City Hall prior to the deadline.


Staff Reports

Staff Reports / Attachments

A - 1: ALPS Request   100.76 kb.Download


A - 1: ALPS Request

A - 1: ALPS Request (att.)   488.61 kb.Download


A - 1: ALPS Request (att.)

A - 2: Cason Court Resale   210.6 kb.Download


A - 2: Cason Court Resale

Agenda Addendum   22.8 kb.Download


Staff Reports/Attachments



AGP Video