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HomeMy WebLinkAboutAgenda 0422081 CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, April 22, 2008 City Council: 6:00 P.M. City Hall Council Chambers 6907 EI 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.) 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 ■ 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 1 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: 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. 1 I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the April 22, 2008 Regular Session of the Atascadero City Council was posted on April 15, 2008 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 15th day of April, 2008 at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero 1 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. unless there is a Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. 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, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. 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. Council meetings are video taped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). 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 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 public 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 and address (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 7. No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. 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 brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. 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. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. 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: • Please approach the lectern and be recognized • Give your name and address (not required) • State the nature of your business 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).