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Tuesday, January 14, 2020

City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)

 City Council Closed Session:

City Council Regular Session:

Successor Agency to the Community Redevelopment Agency of Atascadero:

Public Financing Authority:

5:00 P.M.

6:00 P.M.

Immediately following
conclusion of the City Council
Regular Session

Immediately following conclusion of the Successor to the Community Redevelopment Agency of Atascadero Session

  a. Conference With Legal Counsel — Anticipated Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4); Number of Cases: One
  b. Conference With Legal Counsel — Anticipated Litigation
Significant exposure to litigation pursuant to Govt. Code Section 54956.9(d)(2): Onepotential case
PLEDGE OF ALLEGIANCE:Mayor Pro Tem Bourbeau 
ROLL CALL:Mayor Moreno
Mayor Pro Tem Bourbeau
Council Member Fonzi
Council Member Funk
Council Member Newsom

Recommendation: Council:
 1.Approve this agenda; and
 2.Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances will be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes.


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.)
 1.City Council Draft Action Minutes – December 10, 2019
  • Recommendation: Council approve the December 10, 2019 Draft City Council Special Meeting and Regular Meeting Minutes. [City Manager]
 2.November 2019 Accounts Payable and Payroll
  • Fiscal Impact: $2,806,846.55
  • Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for November 2019. [Administrative Services]
 3.2019 Municipal Code Updates -Title 4, Title 8, Title 9 and Title 11 (CPP19-0080)
  • Fiscal Impact: Staff expects minimal fiscal impact to the City from the adoption of the new building codes and proposed code text amendments.
  • Recommendation: Council:
    1. Adopt on second reading, by title only, Draft Ordinance A repealing and replacing Title 4, Public Safety, Chapter 7, Fire Code, for consistency with the 2019 California Building and Fire Codes.

    2. Adopt on second reading, by title only, Draft Ordinance B repealing and replacing Title 8, Building Code, of the Atascadero Municipal Code for consistency with the 2019 California Building Code.
    3. Adopt on second reading, by title only, Draft Ordinance C approving amendments to Title 11, Subdivisions, Section 11-4.23 for minor text corrections. [Community Development]

 4.4 Unit Planned Development – 7900 Curbaril Avenue (DEV18-0124)

  • Fiscal Impact: If the project is approved for processing, it should be required to be fiscally neutral so the added residential units fund their own on-site improvements and maintenance, as well as their fair share of off-site improvements and impacts to City emergency services.
  • Recommendation: Council adopt on second reading, by title only, Draft Ordinance amending Title 9, Chapter 3 of the Atascadero Municipal Code approving a zoning text change to establish Planned Development Overlay Zone No. 36 and amending the official zoning district designation for APN 031-231-003 from Residential Multi-family – 10 (RMF-10) to Residential Multi-family – 10 / Planned Development Overlay No. 36 (RMF-10/PD36). [Community Development]
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 (805) 470-3400, or [email protected].)

 1.Appeal of Planning Commission Decision -USE19-00617835 El Camino Real “Human Bean Coffee”(Moss Lane Ventures/ Pamela Jardini)   MOTION AND VOTE
  • Fiscal Impact: Slight positive fiscal impact is expected from the operation of Human Bean coffee shop.
  • Recommendation: Council:
    1. Adopt Draft Resolution A, granting the appeal and affirming in part Planning Commission’s action thereby approving Conditional Use Permit (USE19-0061) to allow a drive-through coffee shop in the Commercial Professional (CP) district subject to revised conditions of approval.


    2. Adopt Draft Resolution B to deny the appeal and affirm Planning Commission’s approval of the Conditional Use Permit (USE 19-0061) with no modifications to the project or conditions of approval. [Community Development]

 1.Fiscal Year 2018-2019 Audit
  • Fiscal Impact: None
  • Recommendation: Council review and accept the financial audit for the period ended June 30, 2019. [Administrative Services]  MOTION AND VOTE
 2.Fiscal Year 2019 Annual Road Report
  • Fiscal Impact: Distribution of the 2019 Community Road Report is estimated to cost $4,000-$5,000 in budgeted General Funds.
  • Recommendation: Council:
    1. Approve the Fiscal Year 2019 Annual Road Report.
    2. Approve the 2019 Community Road Report. [Public Works]
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. The following represent standing committees. Informative status reports will be given, as felt necessary):
 Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Economic Vitality Corporation, Board of Directors (EVC)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)

Mayor Pro Tem Bourbeau
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)

Council Member Fonzi
1. Air Pollution Control District
2. Atascadero Basin Ground Water Sustainability Agency (GSA)
3. City of Atascadero Design Review Committee
4. SLO Local Agency Formation Commission (LAFCo)

Council Member Funk
1. City of Atascadero Finance Committee
2. Homeless Services Oversight Council
3. League of California Cities – Council Liaison

Council Member Newsom
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City / Schools Committee
3. City of Atascadero Design Review Committee
4. Visit SLO CAL Advisory Committee
E.INDIVIDUAL DETERMINATION AND / OR ACTION: (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.)
 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.