CITY OF ATASCADERO
CITY COUNCIL
 
 
AGENDA
 
Tuesday, April 22, 2008
 
City Council:  6:00 P.M.
 
City Hall
Council Chambers
6907 El Camino Real, Atascadero, California
 
 
REGULAR SESSION: 6:00 P.M.
 
PLEDGE OF ALLEGIANCE:   Council Member O’Malley
 
 
ROLL CALL: Mayor Brennler
                               Mayor Pro Tem Beraud
                               Council Member Clay   
                               Council Member Luna
                               Council Member O’Malley
 
 
APPROVAL OF AGENDA:  Roll Call
 
 
PRESENTATIONS:
 
1. Quota Club Presentation – Donation for Pavilion on the Lake
 
 
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. Apple Valley Assessment Districts

 Fiscal Impact:  The City General Fund will contribute $21,129 toward the
cost of maintaining the park.

 Recommendations:  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
2008/2009.
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 2008/2009,
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 2008/2009
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 2008/2009.
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 2008/2009. 
[Administrative Services]
 
2. Las Lomas (Woodridge) Assessment Districts

 Fiscal Impact:  The City General Fund will contribute $3,769 toward the
cost of the trails, once these improvements are accepted by the City.

 Recommendations:  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
2008/2009.
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 2008/2009, 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 2008/2009
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 2008/2009.
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 2008/2009. 
[Administrative Services] 
 
3. Weed/Refuse Abatement Program

 Fiscal Impact:  The City recovers costs for administering this program
through the 150% administrative fee, which is placed on the San Luis
Obispo County Special Tax Assessment for the fiscal year 2008-2009 Tax
Roll.

 Recommendation:  Council adopt the draft Resolution, declaring
vegetative growth and/or refuse a public nuisance, commencing
proceedings for the abatement of said nuisances, and placing all
abatement fees on the San Luis Obispo County Special Tax Assessment
for the fiscal year 2008-2009 Tax Roll. [Fire]
 
4. Proposed Ordinance to Amend Title 12, Chapter 1 of the Atascadero
Municipal Code Pertaining to Attorneys’ Fees

 Description: Ordinance, if adopted, would allow the “prevailing party” to
recover attorneys’ fees in civil and administrative nuisance abatement
actions.

 Fiscal Impact:  The ordinance would allow the City to recover its
attorneys’ fees if it is the prevailing party in a nuisance abatement action. 
The exact fiscal impact cannot be determined in advance of a particular
nuisance abatement action.

 Recommendation:  Council adopt  on second reading, by title only, the
Draft Ordinance amending Section 12-1.06 and adding Section 12-1.08 of
Title 12, Chapter 1 of the Atascadero Municipal Code pertaining to
attorneys’ fees. [City Attorney]
 
5. TPM 2002-0032 Final Map Acceptance Clarification Resolution – Traffic
Way Park Dedication

 Fiscal Impact:  Acceptance of the property will obligate the City to maintain
the property.  Staff estimates the cost of maintaining 1.5 acres of
unimproved parkland to be approximately $2000 annually.  If the property
is improved as a park in the future, the maintenance costs will be
significantly higher.

 Recommendation:  Council approve draft Resolution A accepting the
dedication of a 1.71 acre gross public park dedication on Traffic Way as
part of Tentative Parcel Map 2002-0032 (AT 02-278).  [Community
Development]
 
 
 
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.  The Council may take action to direct the staff
to place a matter of business on a future agenda.  A maximum of 30 minutes will be
allowed for Community Forum, unless changed by the Council.)
 
 
B. MANAGEMENT REPORTS:
 
1. De Anza Estates Assessment Districts

Motion and Vote

 Fiscal Impact:  Annual assessments for 2008/2009 will total $35,454 for
road/drainage system maintenance and $30,457 for landscape and
lighting maintenance.  These amounts will be assessed to the owners of
parcels in De Anza Estates.  There is no fiscal impact to general residents
within the City.

 Recommendations:  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
2008/2009.
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
2008/2009, 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
2008/2009 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
2008/2009.
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
2008/2009.  [Administrative Services]
 
2. City of Atascadero Employee Ethics Survey and Follow-up

 Fiscal Impact:  $5,000.

 Recommendation:  Council receive and file this report. [City Manager’s
Office]
 
 
3. Planning Commission Requests
 
 Fiscal Impact:  Will depend on Council’s direction.

 Recommendation:  Council give staff direction on interpretation of
abstention vote, drive-through policy development, and tree mitigation fee
review.  [City Manager’s Office]
 
 
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.)
 
 
C. COMMITTEE REPORTS:  (The following represent standing committees. 
Informative status reports will be given, as felt necessary):
 
Mayor Brennler
1. County Mayor’s Round Table
2. Air Pollution Control District (APCD)
3. Finance Committee
 
Mayor Pro Tem Beraud
1. Integrated Waste Management Authority (IWMA)
2. City / Schools Committee
 
Council Member Clay
1. City / Schools Committee
2. Atascadero Youth Task Force
 
Council Member Luna
1. Finance Committee
2. Nacimiento Water Purveyors’ Contract Technical Advisory Group
3. North County Water Purveyors Group
 
Council Member O’Malley
1. S.L.O. Council of Governments (SLOCOG) 
2. S.L.O. Regional Transit Authority (SLORTA)
3. Economic Vitality Corporation, Board of Directors (EVC)
4. League of California Cities – Council Liaison and CITIPAC Board Member 
 
 
 
D. INDIVIDUAL DETERMINATION AND/OR ACTION: 
 
1. City Council
2. City Clerk 
3. City Treasurer
4. City Attorney
5. City Manager
 
a. Commission Attendance Report
 
b. Update by Public Works staff on the National Pollution
Discharge Elimination System (NPDES) Phase II Plan, and the
Basin Plan Update.
 
 
E. ADJOURNMENT: