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HYBRID MEETING INFORMATION:
In accordance with City Council Resolution No. 2022-010 and the requirements of AB 361, the City Council Meeting will be available via teleconference for those who wish to participate remotely. The City Council meeting will also be held in the City Council Chambers and in-person attendance will be available at that location.
HOW TO OBSERVE THE MEETING REMOTELY:
To participate remotely, residents can livestream the meeting on Zoom, SLO-SPAN.org, on Spectrum cable Channel 20 in Atascadero, and listen live on KPRL Radio 1230AM and 99.3FM. The video recording of the meeting will repeat daily on Channel 20 at 1:00 am, 9:00 am, and 6:00 pm and will be available through the City’s website and on the City’s YouTube Channel. To participate remotely using the Zoom platform please visit https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA.
HOW TO SUBMIT PUBLIC COMMENT:
Individuals who wish to provide public comment in-person may attend the meeting in the City Council Chambers. Individuals who wish to participate remotely may call (669) 900-6833 (Meeting ID: 889 2347 9018) to listen and provide public comment via phone or via the Zoom platform using the link above.

If you wish to comment but not via a live platform, please email public comments to [email protected].Such email comments must identify the Agenda Item Number in the subject line of the email. The comments will be forwarded to the City Council and made a part of the administrative record. To ensure distribution to the City Council prior to consideration of the agenda, the public is encouraged to submit comments no later than 12:00 p.m. the day of the meeting. Those comments, as well as any comments received after that time, but before the close of the item, will be distributed to the City Council, posted on the City’s website, and will be made part of the official public record of the meeting. Please note, email comments will not be read into the record.
 
AMERICAN DISABILITY ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City Clerk’s Office at [email protected] or by calling 805-470-3400 at least 48 hours prior to the meeting or time when services are needed. The City will use their best efforts to provide reasonable accommodations to afford as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests.

City Council agendas and minutes may be viewed on the City's website: www.atascadero.org.
 
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 on our website, www.atascadero.org. 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 by contacting the City Clerk's office. All documents will be available for public inspection by appointment during City Hall business hours.

AGENDA

Tuesday, May 10, 2022

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



City Council Regular Session:6:00 P.M.
City Council Closed Session:Immediately following the conclusion of the City Council Regular Session
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE:Council Member Funk
ROLL CALL:Mayor Moreno
Mayor Pro Tem Newsom
Council Member Bourbeau
Council Member Dariz
Council Member Funk

APPROVAL OF AGENDA:Roll Call
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.
CLOSED SESSION – REPORT (IF ANY)
Announcement(s) of any reportable action(s) taken in Closed Session that occur(s) after the adjournment of Regular Session will be made at the beginning of the next Regular City Council meeting as Closed Session is not recorded or videotaped.
PRESENTATIONS:
1. Proclamation declaring May as National Foster Care Awareness Month
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.)
Motion and Vote
 1.City Council Draft Action Minutes – April 26, 2022
  • Recommendation: Council approve the April 26, 2022 Draft City Council Regular Meeting Minutes. [City Clerk]
 2.Department of Defense Firefighter Property (FFP) Program
  • Fiscal Impact: There is no cost to participate in the program. There will be costs to ship, deliver or pick up property received. Any costs associated with acquiring property will be budgeted.
  • Recommendation: Council adopt Draft Resolution authorizing the City Manager to enter into a cooperative agreement between the State of California Department of Forestry and Fire Protection (CAL FIRE) in order to allow the City to take custody and use excess Department of Defense (DOD) property for use in providing fire and emergency medical services, including disaster relief activities. [Fire & Emergency Services]
 3.Apple Valley Assessment Districts
  • Fiscal Impact: Annual assessments for 2022/2023 will total $38,500 for road/drainage system maintenance and $63,000 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley. Contributions of $11,000 for half the cost of the park will be made from the City’s General Fund, and an equal revenue source will be recognized from contributions made by the developer.
  • Recommendation: Council:
    1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) for fiscal year 2022/2023..

    2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer’s Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley).

    3. Adopt Draft Resolution C declaring the City’s intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) in fiscal year 2022/2023, and to appoint a time and place for the public hearing on these matters.

    4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2022/2023 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code.

    5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer’s Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2022/2023.

    6. Adopt Draft Resolution F declaring the City’s intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2022/2023. [Administrative Services]
 4.De Anza Estates Assessment Districts

  • Fiscal Impact: Annual assessments for 2022/2023 will total $30,562 for road/drainage system maintenance and $15,875 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in De Anza Estates. The City General Fund will contribute $1,400 for the fiscal year 2022/2023 for half of the maintenance costs of the trails and open space.
  • Recommendation: Council:
    1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) for fiscal year 2022/2023.
    2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer’s Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates).
    3. Adopt Draft Resolution C declaring the City’s intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) in fiscal year 2022/2023, and to appoint a time and place for the public hearing on these matters.
    4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2022/2023 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code.
    5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer’s Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2022/2023.
    6. Adopt Draft Resolution F declaring the City’s intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2022/2023. [Administrative Services]


 5.Las Lomas (Woodridge) Assessment Districts

  • Fiscal Impact: Annual assessments for 2022/2023 will total $99,189 for road/drainage system maintenance and $70,452 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Las Lomas (Woodridge). The City General Fund will contribute $2,600 for the fiscal year 2022/2023 for 25% of the maintenance costs of the trails and open space.
  • Recommendation: Council:
    1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) for fiscal year 2022/2023.
    2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer’s Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge).
    3. Adopt Draft Resolution C declaring the City’s intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) in fiscal year 2022/2023, and to appoint a time and place for the public hearing on these matters
    .
    4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2022/2023 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code.
    5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer’s Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2022/2023.
    6. Adopt Draft Resolution F declaring the City’s intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2022/2023. [Administrative Services]


 6.Adoption of Atascadero Transit’s Updated Title VI Plan 2022-2025
  • Fiscal Impact: None. However, the City benefits from FTA capital and operating assistance funding and this funding could be withheld should the City fail to submit a Title VI Plan.
  • Recommendation: Council adopt Atascadero Transit’s updated Title VI Plan for 2022-2025. [Public Works]
 7.Centennial Plaza Planned Development (ZCH) 22-0022
  • Fiscal Impact: None.
  • Recommendation: Council adopt on second reading, by title only, Draft Ordinance approving a Zoning Map Amendment adding a Planned Development overlay zone, based on findings. [Community Development]
 8.Virtual Meetings – AB 361 Requirements
  • Fiscal Impact: None.
  • Recommendation: Council adopt the Draft Resolution making findings consistent with the requirements of AB 361 to continue to allow for the conduct of virtual meetings. [City Manager]

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. Comments will be allowed for the entire 30-minute period so if the final speaker has finished before the 30 minute period has ended and a member of the public wishes to make a comment after the Council has commenced another item, the member should alert the Clerk within the 30 minute period of their desire to make a comment and the Council will take up that comment upon completion of the item which was commenced. 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].)
B.PUBLIC HEARINGS:
 1. Weed Abatement – Hearing of Objections
  • Fiscal ImpactNone
  • RecommendationsCouncil:
    1. Hear all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections, and,
    2. Authorize the Fire Chief to proceed and perform the work of abatement. [Fire & Emergency Services]
Motion and Vote
 2. Proposition 218 Majority Protest Process Relative to Proposed Increase to Wastewater (Sewer) Rates
  • Fiscal ImpactApproving staff recommendations will generate an estimated $650,000 in additional revenue from sewer service charges collected in FY22/23.
  • RecommendationsCouncil:
    1. Conduct a public hearing to receive all written and verbal testimony regarding the proposed wastewater (sewer) rates and consider the results of protest proceedings in accordance with Proposition 218.

    2. Adopt one of the following resolutions certifying the protest results:

    A. For a non-majority protest – Draft Resolution A certifying that the number of valid written protests were not received from property owners representing a majority of the parcels subject to the proposed rate increase.
  OR
  

B. For a majority protest – Draft Resolution B certifying that the number of valid written protests were received from property owners representing a majority of the parcels subject to the proposed rate increase.

3. If no majority protest exists, adopt Draft Resolution C approving proposed wastewater rates effective July 1, 2022. [Public Works]

 
Motion and Vote
C.MANAGEMENT REPORTS:
 1. AB 481 – Military Equipment Policy
  • Fiscal Impact: None.
  • Recommendations: Council introduce for first reading, by title only, a Draft Ordinance adopting a Military Equipment Policy in accordance with Assembly Bill 481. [Police Department]
Motion and Vote
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. Regional Economic Action Coalition (REACH)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)


Mayor Pro Tem Newsom
1. City / Schools Committee
2. Design Review Committee
3. League of California Cities – Council Liaison
4. Visit SLO CAL Advisory Committee


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


Council Member Dariz
1. Air Pollution Control District
2. California Joint Powers Insurance Authority (CJPIA) Board
3. City of Atascadero Finance Committee

4. Community Action Partnership of San Luis Obispo (CAPSLO)

Council Member Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council

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

F. RECESS TO CLOSED SESSION FOLLOWING CONCLUSION OF CITY COUNCIL REGULAR SESSION
COUNCIL CLOSED SESSION:
 1.CLOSED SESSION -- PUBLIC COMMENT
 2.COUNCIL LEAVES TO BEGIN CLOSED SESSION
 3.CLOSED SESSION -- CALL TO ORDER
  a.Conference with Real Property Negotiators
(Govt. Code 54956.8)
Real Property: 5970 El Camino Real (APN 030181031)
Agency Negotiator: Rachelle Rickard, City Manager
Negotiating Parties: Fred C. Pflum Revocable Trust
Subject of Negotiations: Purchase price and/or terms of payment
  b.Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to Government Code
Section 54956.9(d)(2): 1 potential case – California Voting Rights Act
 4.CLOSED SESSION – ADJOURNMENT
Announcement(s) of any reportable action(s) taken in Closed Session that occur(s) after the adjournment of Regular Session will be made at the beginning of the next Regular City Council meeting as Closed Session is not recorded or videotaped.
 
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.