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CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, January 14, 2020
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
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
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): One potential case
4. CLOSED SESSION – ADJOURNMENT
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Successor Agency to the Community Immediately following
Redevelopment Agency of Atascadero: conclusion of the City
Council Regular Session
Public Financing Authority: Immediately following
conclusion of the Successor
to the Community
Redevelopment Agency of
Atascadero Session
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Bourbeau
ROLL CALL: Mayor Moreno
Mayor Pro Tem Bourbeau
Council Member Fonzi
Council Member Funk
Council Member Newsom
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.
PRESENTATIONS: None.
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.)
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.
Recommendations: 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 C ouncil 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 Com munity 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.)
B. PUBLIC HEARINGS:
1. Appeal of Planning Commission Decision - USE19-0061 7835 El Camino
Real “Human Bean Coffee” (Moss Lane Ventures/ Pamela Jardini)
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.
OR
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]
C. MANAGEMENT REPORTS:
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]
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.
Recommendations: 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
F. ADJOURN TO MEETING OF THE SUCCESSOR AGENCY
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.
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m.
Council meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters
are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live,
audio recorded and videotaped for future playback. Charter Communication customers may view the meetings
on Charter Cable Channel 20 or via the City’s website at www.atascadero.org. Meetings are also broadcast
on radio station KPRL AM 1230. Contact the City Clerk for more information at cityclerk@atascadero.org or
(805) 470-3400.
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 during City Hall business hours
at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and 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 in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a
City meeting or other services offered by this City, please contact the City Manager’s Office or the City
Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services
are needed will assist the City staff in assuring that reasonable arrangements can be made to provide
accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business
with the Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning
any other individual, absent or present
This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes
will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer
presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the
meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to
submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk
before the meeting begins to announce your presence and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will
give their report, and the Council will ask questions of staff. The Mayor will announce when the pub lic comment
period is open and will request anyone interested to address the Council regarding the matter being considered
to step up to the lectern. If you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning
any other individual, absent or present
6. All comments limited to 3 minutes
The Mayor will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Council.