HomeMy WebLinkAboutCC_2024_12_10_Amended Agenda CITY OF ATASCADERO CITY COUNCIL AMENDED AGENDA
MEETING INFORMATION:
The City Council meeting will be held in the City Council Chambers and in-person attendance will be available
at that location.
HOW TO OBSERVE THE MEETING REMOTELY:
To observe 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
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City’s YouTube Channel. To observe remotely using the Zoom platform please visit:
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HOW TO SUBMIT PUBLIC COMMENT:
Public comment may be provided in-person.
Written public comments are accepted at cityclerk@atascadero.org. Comments should identify the Agenda Item
Number in the subject line of the email. Such comments will be forwarded to the City Council and made a part of the
administrative record. To ensure distribution to the City Council before consideration of an item, please submit
comments not later than 12:00 p.m. the day of the meeting. All correspondence will be distributed to the City Council,
posted on the City’s website, and be made part of the official public record of the meeting. Please note, comments will not
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to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under applicable
law. Communications will not be edited for redactions and will be printed/posted as submitted.
AMERICANS WITH DISABILITIES ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City Clerk’s Office at
cityclerk@atascadero.org 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.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in
any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts),
franchises, discretionary land use permits and other entitlements if the City Council Member received more
than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor,
or any financially interested participant who actively supports or opposes the City’s decision on the agenda
item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or
their agents who have made, campaign contributions totaling more than $250 to a City Council Member since
January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures
must include the amount of the campaign contribution and identify the recipient City Council Member and may
be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.
City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org/agendas
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 made a part of 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.
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CITY OF ATASCADERO
CITY COUNCIL
AMENDED AGENDA
Tuesday, December 10, 2024
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Bourbeau
ROLL CALL: Mayor Moreno
Mayor Pro Tem Funk
Council Member Bourbeau
Council Member Dariz
Council Member Newsom
A. CONSENT CALENDAR: (All items on the consent calendar are considered routine and
non-controversial by City staff and will be acted upon by a single action of the City Council
unless otherwise requested by an individual Council Member for separate consideration.
Public comment on Consent Calendar items will be invited prior to action on the
Calendar.)
1. City Council Draft Minutes – November 12, 2024, Regular Meeting and
December 2, 2024 Special Meeting
▪ Recommendation: Council approve the November 12, 2024, City Council
Regular Meeting Minutes and the December 2, 2024, City Council Special
Meeting Minutes. [City Clerk]
2. City Council 2025 Meeting Schedule
▪ Fiscal Impact: None
▪ Recommendation: Council approve the 2025, Atascadero City Council
Meeting schedule. [City Clerk]
City Council Regular Session: 6:00 P.M.
City Council Closed Session: Immediately following
conclusion of
City Council
Regular Session
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3. Reciting the Fact of the November 5, 2024 General Municipal Election
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt the Draft Resolution, reciting the fact of the
General Municipal Election held on November 5, 2024, declaring the result
and such other matters as provided by law. [City Clerk]
4. Notice of Treasurer Resignation
▪ Fiscal Impact: None
▪ Recommendation: Council receive and file notice of resignation by City
Treasurer, Gere Sibbach, effective December 10, 2024 [City Clerk]
5. October 2024 Accounts Payable and Payroll
▪ Fiscal Impact: $4,985,009.98
▪ Recommendation: Council approve certified accounts payable, payroll and
payroll vendor checks for October 2024 [Administrative Services]
6. September 2024 Investment Report
▪ Fiscal Impact: None
▪ Recommendation: Council receive and file the City Treasurer's report for
quarter ending September 30, 2024 [Administrative Services]
7. 2nd Reading - Newton Development Agreement (DEV24-0075) Ordinance
▪ Fiscal Impact: None
▪ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance to approve a Development Agreement between Scott Newton and
the City of Atascadero, amend Title 9 to establish development agreement
overlay zone DA1, and amend the official zoning map to establish DA1 on the
subject property, and certify the proposed Mitigated Negative Declaration
prepared for the properties located at 11450 Viejo Camino and 11505 El
Camino Real [Community Development]
8. 2nd Reading - Emergency Shelter Overlay Zone Amendment (ECHO
Expansion Project)
▪ Fiscal Impact: None
▪ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance amending Atascadero Municipal Code Title 9 Chapter 3 Article 23
ES (Emergency Shelter) Overlay Zone text to allow for an expansion of an
existing shelter and programs located at 6370 Atascadero Avenue
[Community Development]
9. 2nd Reading - CEQA Thresholds Ordinance (ZCH23-0061)
▪ Fiscal Impact: It is intended that the proposed code amendments will reduce
staff time, resulting in nominal cost savings to both staff and applicants within
the development review process.
▪ Recommendation: Council:
1.Adopt on second reading, by title only, Draft Ordinance A to amend Title 9
(Planning and Zoning Code) to adopt discretionary review thresholds and
standards for hillsides, historic and archaeological resources, and watercourse
adjacent areas; and
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2. Adopt on second reading, by title only, Draft Ordinance B to approve a
Zoning Map Amendment to remove the Historic Site (HS) Overlay Zone from
certain properties containing colony homes and apply the Historical Site (HS)
Overlay Zone to State and Federally registered historic resources. [Community
Development]
10. Essential Services Transactions and Use Tax Contracting with the State of
California
▪ Fiscal Impact: The sales tax measure will generate an estimated $3 million in
annual revenue. While the CDTFA cannot provide an estimate for the
Preparatory Fee, staff anticipates costs being between $5,000 -$40,000, and
the on-going State administrative costs will be 0.57% of the revenue received
from the tax increase. HdL will charge a $100 mo nthly fee for the review and
analysis services that will be paid from the General Fund, and 25% of the initial
amount of new transactions or use tax revenue received by the City as a result
of audit and recovery work performed by HdL. However, revenue wil l be
received that otherwise would not have been realized, through the audit
services that HdL will provide to the City, offsetting the costs.
▪ Recommendation: Council:
1. Adopt Draft Resolution A authorizing the City Manager to execute
agreements with the California Department of Tax and Fee Administration for
implementation of a local transactions and use tax.
2. Adopt Draft Resolution B authorizing representatives of the City of
Atascadero to examine confidential transactions and use tax records of the
California Department of Tax and Fee Administration (CDTFA) pertaining to
transactions and use taxes collected by the CDTFA for the City of Atascadero.
3. Authorize the City Manager to enter into a contract with Hinderliter, De
Llamas and Associates for transactions tax audit and information services
related to the Measure L-24 Sales Tax Revenue. [Administrative Services]
B. 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 Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
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)
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Council Member Dariz
1. Air Pollution Control District
2. California Joint Powers Insurance Authority (CJPIA) Board
3. Community Action Partnership of San Luis Obispo (CAPSLO)
4. Design Review Committee
5. Visit SLO CAL Advisory Committee
Council Member Newsom
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. League of California Cities – Council Liaison
PRESENTATIONS:
1. Presentations recognizing outgoing Mayor Heather Moreno and Treasurer
Gere Sibbach
OATHS OF OFFICE:
1. Administration of Oaths of Office
Swearing in of Mayor Charles Bourbeau and Council Members Mark Dariz and
Seth Peek
RECESS: The Mayor will call a recess for the City Council reception.
RECONVENE: The Mayor will reconvene the City Council at the conclusion of the
City Council reception.
CITY COUNCIL REORGANIZATION:
1. Council Appointment of Mayor Pro Tem.
▪ Accept nominations from the Council Members and appoint a Mayor Pro Tem
for a two-year term ending December 2026.
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 cityclerk@atascadero.org.)
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C. PUBLIC HEARINGS:
1. Atascadero Tourism Business Improvement District (ATBID) Assessment
▪ Fiscal Impact: Should there be insufficient protests from the lodging owners to
be assessed, and should the ordinance go into effect, additional ATBID
revenues in an estimated amount of $46,500 through June 30, 2025, will be
collected.
▪ Recommendation: Council:
1. Conduct a Public Hearing to receive all written and verbal protest votes from
lodging owners.
2. For a non-majority (less than 50%) protest, Council to conduct the second
reading of the Draft ATBID Assessment Increase Ordinance amending Title
3, Chapter 16, section 3-16.04, changing the assessment rate under Streets
and Highways Code Section 36541(a) for lodging businesses within the
Atascadero Tourism Business Improvement District from 2% to 2.5%
beginning early January 2025. OR
3. If a majority protest exists (over 50%), do not conduct second reading of the
Draft ATBID Assessment Increase Ordinance; the ATBID Assessment stays
at 2%. [Community Services and Promotions]
D. MANAGEMENT REPORTS:
1. Consideration of Action to Fill the Vacant Treasurer Position Arising From
Former Treasurer Gere Sibbach’s Resignation
▪ Fiscal Impact: Unknown. Staff estimates the cost for a City run, stand -alone
election to be at least $500,000. If the City Council chooses to appoint a
successor, there would be no significant additional expenses.
▪ Recommendation: Discussion and consideration of whether to fill the City
Treasurer vacancy by appointment of an eligible elector or by calling for a
special election to fill the vacancy [City Clerk]
E. COMMITTEE REPORTS: (The newly elected Mayor will assign Council Members to
standing committees)
F. 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
ADJOURN TO CITY COUNCIL CLOSED SESSION
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CITY COUNCIL CLOSED SESSION:
1. CLOSED SESSION — PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION — CALL TO ORDER
a. Conference with Legal Counsel – Anticipated Litigation
Significant (Government Code Sec. 54956.9(d)(4) – one potential case
4. CLOSED SESSION — ADJOURNMENT
Announcement(s) of any reportable action(s) taken in Closed Session that occur(s) after the
recess of Regular Session will be made at the beginning of the next Regular City Council meeting
as Closed Session is not recorded or videotaped.
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