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Tuesday, December 10, 2013

City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California

(Enter on Lewis Ave.)

City Council Closed Session:5:00 P.M.
City Council Regular Session:
6:00 P.M.




    1. Conference with Legal Counsel - Existing Litigation
      Government Code Secton 54956.9(a)
      Save Atascadero v. City of Atascadero, et al.
      San Luis Obispo Superior Court Case No. 128230

    2. Conference with Legal Counsel - Anticipated Litigation
      Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Secion 54956.9
      One potential case



PLEDGE OF ALLEGIANCE:Mayor Pro Tem Sturtevant
 ROLL CALL: Mayor O'Malley
Mayor Pro Tem Sturtevant
Council Member Fonzi
Council Member Kelley
Council Member Moreno

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 the meeting.)

1.City Council Draft Action Minutes - November 12, 2013
  • Recommendation: Council approve the City Council Draft Action Minutes of November 12, 2013. [City Clerk]

2.Special Joint Meeting - Atascadero City Council & Planning Commission - Draft Action Minutes - November 14, 2013      
  • Recommendation: Council approve the Special Joint Meeting Draft Action Minutes of November 14, 2013. [City Clerk]

October 2013 Accounts Payable and Payroll
  • Fiscal Impact: $2,164,990.15
  • Recommendation: Council approve certified City accounts payble, payroll and payroll vendor checks for October 2013. [Administrative Services]

Proposed Amendment to the Existing Smoking Ordinance - Second Reading
  • Fiscal Impact: None.
  • Recommendation: Council adopt on second reading, by title only, the proposed Ordinance amending the existing smoking prohibition as defined in Secton 10-1.34 of Chapter 1 of Title 10 of the Atascadero Municipal Code, by expanding the existing smoke-free area within the City to also include any area within 100 feet of Sunken Gardens. [Police]

5.Proposed Amendment to the Prohibited Camping Ordinance - Second Reading
  • Fiscal Impact: None.
  • Recommendation: Council adopt on second reading, by title only, the proposed ordinance repealing Section 10-1.33 (Overnight camping) of Chapter 1 of Title 10 of the Atascadero Municipal Code ("AMC"), and adding Chapter 15 (Prohibited Camping to Title 5 of the AMC, to better define the prohibited camping ordinance and allow for prosecution of violators. [Police]


6.Purchase of a Large Area Mower
  • Fiscal Impact: This action will result in the expenditure of $55,00 in budgeted Public Works operations funds.
  • Recommendation: Council award the purchase of a large area mower to Turf Star in the amount of $55,000. [Public Works]

7.Pump Repair Services
  • Fiscal Impact: No increased costs are anticipated due to utilizing the pre-approved vendor list.
  • Recommendation: Council authorize the City Manager to execute contracts for on-call pump repair services with the following providers as needed:
    1. Perry's Electric Motors & Controls
    2. PC Mechanical Inc. [Public Works]

8.Water Reclamation Facility Headworks Project Engineering Services Budget Allocation
  • Fiscal Impact: Approval of the requested change order to AECOM Inc. in the amount of $20,000 for additional engineering services will come from currently budgeted Wastewater Barscreen / Headworks Project funds.
  • Recommendation: Council approve a change order to AECOM Inc. in the amount of $20,000 for additional engineering services for the Water Reclamation Facility Barscreen / Headworks Project. [Public Works]

9.Dove Creek Tract Improvements - Tract 2626 - Release of Maintenance Bond
  • Fiscal Impact: None.
  • Recommendation: Council accept the Dove Creek / Tract 2626 Improvements as complete and direct staff to release the Maintenance Bond. [Public Works]
 UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.)
 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. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Any members of the public who have questions or need information, may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or

1.Title 2 Administration Text Amendments, Title 4 Public Safety Text Amendments, Title 8 Building Code Text Amendments, Title 9 Planning and Zoning Text Amendments, PLN 2013-1462 / ZCH 2013-0168, (City of Atascadero)
  • Fiscal Impact: Staff expects minimal fiscal impact from the adoption of the new building codes and proposed code text amendments..
  • Recommendations:Council: 
    1. Adopt Ordinance A, on second reading by title only, to approve amendments to Title 4 Public Safety; and,
    2. Adopt Ordinance C, on second reading by title only, to approve amendment s to Title 8 Building Code for consistency with the 2013 California Building Code; and,
    3. Adopt Ordinance D, on second reading by title only, to approve amendments to Title 2 Building Code for consistencey with the 2013 California Building Code; and,
    4. Adopt Ordinance E, on second reading by title only, to approve PLN 2013-1462 (Zone Text Change ZCH 2013-0168, Title 9 Planning and Zoning Ordinance Amendments). [Community Development/Public Works/Fire]


2. Appeal of City Denial of Request for an Interim Management Plan for the Millhollin Mine (Glen Millhollin)
  • Fiscal Impact: None
  • Recommendation: Council adopt Draft Resolution denying the appeal of the City denial of the request for an Interim Management Plan for the Millhollin Mine. [City Attorney]


3.PLN 2008-1314 Dove Creek Commercial Center - Amendment to Condition #10 Santa Barbara Road & El Camino Real (Fortune Companies)
  • Fiscal Impact: The recommendation relinquishes all potential future rights for the parcel to be conveyed to the City, including that the City would not be responsible for the costs associated with securing clear title to the property.
  • Recommendation: Planning Commission Recommends:
    1. City Council adopt Draft Resolution A approving an amendment to Condition #10 of CUP 2003-0099 related to the Commercial Center Master Plan of Development based on findings


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 O'Malley
1. City / Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)

Mayor Pro Tem Sturtevant
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. Community Action Partnership of SLO County
4. League of California Cities -- Council Liason

Council Member Fonzi
1. Air Pollution Control District
2. City of Atascadero Design Review Committee 
3. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero
4. SLO Local Agency Formation Commission (LAFCo) - alternate

Council Member Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Design Review Committee
3.Economic Vitality Corporation, Board of Directors (EVC)
4. Homeless Services Oversight Council

Council Member Moreno
1. California Joint Powers Insurance Authority (CJPIA) Board
2. Finance Committee (Chair)

1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
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.