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Tuesday, June 24, 2014 

City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California 
(Enter on Lewis Ave.)
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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 Section 54956.9(d)(1)
      Save Atascadero v. City of Atascadero, et al.
      San Luis Obispo County Superior Court Case No. CV 128230
    2. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
      Agency designated representatives: Rachelle Rickard, City Manager
      Employee Organizations: Atascadeo Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non-Represented Professional and Management Workers and Confidential Employees



PLEDGE OF ALLEGIANCE:Council Member Kelley
ROLL CALL: Mayor O'Malley
Mayor Pro Tem Sturtevant
Council Member Fonzi
Council Member Kelley
Council Member Moreno
APPROVAL OF AGENDA:Roll Call Motion/Vote


 Employee Service Awards
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.)  Motion/Vote

1.City Council Draft Action Minutes - June 10, 2014
  • Recommendation: Council approve the City Council Draft Action Minutes of June 10, 2014. [City Clerk]

2.Oakhaven Public Improvements Acceptance and Letter of Credit Release and Reduction - 1155 El Camino Real
  • Fiscal Impact: None.
  • Recommendation: Council:
    1. Accept and certify the satisfactor completion of frontage improvements related to Encroachment Permit BLD 2013-10779, Tract 2614, Oakhaven Development; and,
    2. Authorize staff to release the Labor and Material Letter of Credit for 187,041.00, and authorize the reduction of the Performance Letter of Credit for $374,082.00 to 10% of the original amount, or $37,408.00, for the one year maintenance warranty period; and,
    3. Authorize staff to release the 10% Maintenance Warranty Letter of Credit upon satisfactory completion of the one year maintenance period.
 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

 Placement of Sewer Service Charges on the 2014-2015 Property Tax Rolls
  • Ex Parte Communications:
  • Fiscal Impact: The City will bill $1,758,880.82 in sanitation service charges for Fiscal Year 2014-2015.
  • Recommendations: Council adopt the Draft Resolution placing sewer service charges on the 2014-2015 property tax rolls. [Public Works]

Consideration of Sales Tax Measure
  • Ex Parte Communications:
  • Fiscal Impact: The proposed sales tax measure would generate an estimated $1.7 - $2.0 million in additional annual revenue. The total cost of placing the measures on the ballot is estimated to be approximately $6,500 of budgeted General Funds.
  • Recommendations: Council introduce for first reading by title only, the Draft Ordinance imposing a transactions and use tax to be administered by the State Board of Equalization. [City Manager]

 Motion  Vote

 General Municipal Election - November 4, 2014
  • Fiscal Impact: The City Clerk's estimate for the 2014 election of officials in Atascadero is $28,500. The addition of the ballot measure and an advisory measure is approximately $6,500. Therefore, the total estimate for the 2014 election including ballot measures is $35,000.
  • Recommendations:
    1. Council adopt the following Resolutions for the purpose of electing a Mayor, two members to the City Council, a City Clerk, and a City Treasurer:
      1. Draft Resolution A, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 4, 2014; and,
      2. 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, 2014.


    2. Council adopt the following Resolutions for the purpose of electing a Mayor, two members to the City Council, a City Clerk, and a City Treasurer, and to submit to the voters a sales tax ballot measure and advisory measure:
      1. Draft Resolution C, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 4, 2014; and,
      2. Draft Resolution D, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 4, 2014; and,
      3. Draft Resolution E, setting priorities for filing written arguments regarding the City measures and directing the City Attorney to prepare an impartial analysis; and,
      4. Draft Resolution F, providing for the filing of rebuttal arguments for City measures submitted at Municipal Elections. [City Clerk]

 Motion Vote

 Status Report - Dormant Building Permit Program - Phase 5 - 2014
  • Fiscal Impact: The Dormant Permit Program fees are significantly lower than the City's current fee schedule. Ending the program is expected to improve City permit revenues and Capital Facility Impact Fees collection.
  • Recommendations: Council:
    1. Direct staff to notify permit applicants that Phase 5 of Dormant Permit Program will end on December 31, 2014; and
    2. Determine that permit applications that have been updated to the 2013 California Building Code, prior to December 31, 2014, will remain valid until the 2016 California Building Code goes into effect; and,
    3. Direct staff to cancel all other dormant permit applications on January 1, 2015. [Community Development]

PLN 2099-1033 - Conditional Use Permit 2003-0095 - Master Plan of Development for Southside Villas - 9190 San Diego Way - (CenCal Ventures, LLC/Robertss)
  • Fiscal Impact: None.
  • Recommendations: Council:
    1. Direct staff to proceed with eminent domain proceedings to acquire the right-of-way needed to install offsite improvements along 9198 San Diego Road fronting APN 045-352-001 (Paul Prins); and,
    2. Authorize the City Manager to execute an agreement with the developer to recoup any and all legal, engineering, and staff costs associated with the acquisition of the right-of-way and construction access to the Prins site. [Public Works]
 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. League of California Cities -- Council Liason

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

 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. City of Atascadero Finance Committee (Chair)
3. City of Atascadero Design Review Committee

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.