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HomeMy WebLinkAboutAgenda 062408 19 107% „ CITY OF ATASCA DERO CITY COUNCIL AGENDA Tuesday, June 24, 2008 Closed Session 5 00 p m. Regular Session 6.00 p m City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CLOSED SESSION 5 00 PM 1 PUBLIC COMMENT— CLOSED SESSION 2. CALL TO ORDER a. CONFERENCE WITH LEGAL COUNSEL-- ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956 9(c) (Number of cases 5) 3. ADJOURN CLOSED SESSION REPORT REGULAR SESSION 6 00 PM PLEDGE OF ALLEGIANCE. Council Member Luna f ROLL CALL. Mayor Brennler Mayor Pro Tem Beraud Council Member Clay Council Member Luna Council Member O'Malley APPROVAL OF AGENDA. Roll Call PRESENTATION 1 Recognition of Paige Buck-Moyer, Former Parks & Recreation Commission Youth Representative 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 Public Trust Workshop Draft Minutes - April 2 & 3, 2008 ■ Recommendation. Council approve the City Council Public Trust Workshop Minutes of April 2 & 3, 2008 [City Clerk] 2. City Council Draft Minutes - April 8, 2008 ■ Recommendation. Council approve the City Council Minutes of April 8, 2008 [City Clerk] 3. General Municipal Election November 4, 2008 ■ Description. The City Council must adopt resolutions to initiate the election process, and to combine our election with the County ■ Fiscal Impact: The cost to the City is determined by the number of registered voters on Election Day, and the number of Candidate Statements included in the Voter Pamphlet. The City Clerk's estimate is $20,000 00 ■ Recommendations Council 1 Adopt Draft Resolution A, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 4, 2008, and, 2 Adopt Draft Resolution B, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 4, 2008 [City Clerk] 4 February 2008 Investment Report ■ Fiscal Impact: None ■ Recommendation. Council approve the City Treasurer's report for February 2008 [Treasurer] 5. Catering Agreement Approval for the Pavilion on the Lake ■ Fiscal Impact: The City of Atascadero will receive $150 per month rental fee of the cafe, plus 20% of gross receipts for all on-site cafe & catering sales, and 10% of gross receipts for all off-site catering sales ■ Recommendation. Council approve a five-year contract for catering and food services for the Pavilion on the Lake with Pacific Harvest Catering, effective June 30, 2008 through June 30, 2013 [Community Services] 6. Final Map 2008-0156 (Parcel Map AT 07-0080), 6305 Morro Road (LLA 2007-0080), Giessinger ■ Fiscal Impact: None ■ Recommendations. Council 1 Adopt and approve Final Parcel Map 2008-0156 (Parcel Map ATAL 07 0080), and, 2 Abandon a portion of the Marchant Avenue Right-of-Way, according to Streets and Highway Code Section 66499.20 1/2 and as approved by the City Council on October 9, 2007, with the Filing of this map, and, 3 Authorize and direct the City Clerk to endorse the City Council's approval on the map [Public Works] 7 Paloma Creek Park Sports Field Lighting Project — Materials Only Package Award — City Bid No. 2008-003 ■ Fiscal Impact: $149,300 00 in Vehicle and Equipment funds ■ Recommendation Council authorize the City Manager to execute a contract with Musco Lighting West, Inc in the amount of $149,300 for the purchase of materials for the replacement of the Softball Field Lighting at Paloma Creek Park. [Public Works] 8. Community Development Block Grant Program Fiscal Years 2009 through 2011 ■ Fiscal Impact: Continued availability of approximately $190,000 annually during the next 3 years for CDBG eligible programs ■ Recommendation Council authorize continued participation in the Urban County Community Development Block Grant Program for Fiscal Years 2009 through 2011 [Public Works] 9 2006/2007 Rehabilitation Project Award (Del Rio/San Jacinto Road) City Bid No. 2008-006 ■ Fiscal Impact: $708,714 39 allocated from Local Transportation Funds and Proposition 1 B Funds ■ Recommendations. Council 1 Authorize the City Manager to execute a contract with Union Asphalt, Inc in the amount of $708,714 39 for construction of the 2006-2007 Road Rehabilitation Project; and 2 Authorize the Public Works Director to intermittently close portions of Del Rio and San Jacinto Road during the construction period [Public Works] 10.Woodridge/Las LomasTract 2525, Phases I and II Acceptance of the Offers of Dedication for Public Open Space No. 1, No. 2 and No. 4. Certify Completion of and Begin Warranty Period for Landscape and Reduce Bond Amounts for Public Improvements ■ Fiscal Impact: The City's costs for the 2007-2008 (current year) are estimated to be $6,678 00 • Recommendations Council 1 Adopt Draft Resolution A accepting the Public Improvements within the areas proposed for Dedication of Public Open Space on Tract 2525, Phase I and reject the improvements in the areas of dedication for maintenance, and, 2 Adopt Draft Resolution B accepting the Offer of Dedications for Public Open Space No 1, No 2 and No 4, in Fee Simple, on Tract 2525, Phase I, and, 3 Authorize the Public Works Director to reduce Tract 2525, Phases I and II Public Improvement Bonds to reflect work completed and to accept Landscape Improvements as complete and subject to a one-year warranty period, and, 4 Authorize the Public Works Director to accept the Paloma Creek Pedestrian Bridge as complete and subject to a one-year warranty period [Public Works] 11 Ordinance to Amend City's Smoking Ordinance to Include Prohibition of Smoking at Atascadero State Hospital ■ Fiscal Impact: None ■ Recommendation Council adopt on second reading by title only, the Draft Ordinance adding Section 8 to Title 6, Chapter 6 of the Atascadero Municipal Code providing for the prohibition of smoking at the Atascadero State Hospital [Police and City Attorney] 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. PUBLIC HEARINGS 1 Initiative Petition to Amend the General Plan and Zoning Code ■ Fiscal Impact: The cost to the City is determined by the number of registered voters on Election Day, and the number of pages used in the Voter Pamphlet for the Ballot Measure text, impartial analysis and arguments The City Clerk's estimate is $2,000 00 ■ Recommendations. Council 1 Receive the Certificate of Sufficiency from the City Clerk, certifying the Initiative Petition to Amend the General Plan and Zoning Code to Prohibit Commercial Establishments in Excess of 150,000 Square Feet of Gross Floor Area or Retail Discount Stores in Excess of 90,000 Square Feet with at Least 5% of Gross Floor Area Dedicated To Items Such As Groceries that was filed with the City Clerk on May 8, 2008, AND 2 Take one of the following actions a. Adopt the proposed Ordinance, without alteration, amending the General Plan and Zoning Code to Prohibit Commercial Establishments in Excess of 150,000 Square Feet of Gross Floor Area or Retail Discount Stores in Excess of 90,000 Square Feet with at Least 5% of Gross Floor Area Dedicated to Items Such as Groceries OR b Call for an election i Submit the Ordinance, without alteration, to the voters by adopting the Draft Resolution A, ordering the submission, to the qualified electors of the City, of a certain measure relating to amending the General Plan and Zoning Code, at the General Municipal Election to be held on Tuesday, November 4, 2008, as called by Resolution No , and, ii Adopt Draft Resolution B, setting priorities for filing written arguments regarding a City measure and directing the City Attorney to prepare an impartial analysis OR c Order a report on the impact the adoption of this ordinance would have on the City (Once the Council receives this report, the Council shall either adopt the ordinance within 10 days or order an election) [City Clerk] C MANAGEMENT REPORTS 1 Ordinance Amending Title 2, Chapter 1, Section 2-1.15 of the Atascadero Municipal Code, pertaining to Voluntary Abstentions ■ Description This Ordinance, if adopted, would clarify the interpretation of an abstention vote ■ Fiscal Impact: None ■ Recommendation. Council introduce for first reading, by title only, the Draft Ordinance amending Title 2, Chapter 1, Section 2-1 15 of the Atascadero Municipal Code pertaining to voluntary abstentions 2. Update on City Council Strategic Planning Goals ■ Fiscal Impact: None ■ Recommendation Council provide direction on the progress and status of the City Council's strategic planning goals [City Manager] 3. Dormant Building Permit Applications and Unpaid Plan Check Fees Update — Potential Time Extension Program ■ Fiscal Impact: Collection of unpaid plan check fees is estimated to provide a financial benefit to the City of approximately $150,000 ■ Recommendation Council direct staff to prepare a Title 8 code text amendment to retroactively extend dormant and expired single family residential, multi-family residential, industrial, and commercial building permit applications to December 31, 2009, once all outstanding, unpaid plan check fees have been paid [Community Development] 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.) 1 Council Member Jerry Clay a. Council Member Clay recommends that the City Council place Wal-Mart's proposal to construct a Super Wal-Mart on their Del Rio property on the November Ballot as an Advisory Vote Ballot Measure. He requests Council consensus to direct staff to add to their July 8, 2008, agenda, consideration of the addition of this Ballot Measure to the November 2008 election Advisory Vote Only I support the Wal-Mart's proposal to construct a Super Wal-Mart at their Del Rio location Yes/No b Council Member Clay recommends that the City Council place the question, should the Mayor position be elected, on the November Ballot as a Ballot Measure. He requests Council consensus to direct staff to add to their July 8, 2008, agenda, consideration of the addition of a Ballot Measure to the November 2008 election, asking the voters if they want the Mayor position elected Shall the electors elect a Mayor and four Council Members? Yes/No If yes, shall the term of office of Mayor be two years? Yes/No If yes, shall the term of office of Mayor be four years? Yes/No D 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 Clav 1 City/ Schools Committee 2 Atascadero Youth Task Force Council Member Luna 1 Finance Committee 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 CITI PAC Board Member E. INDIVIDUAL DETERMINATION AND/OR ACTION 1 City Council 2 City Clerk 3 City Treasurer 4 City Attorney 5 City Manager F 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 I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the June 24, 2008 Regular Session of the Atascadero City Council was posted on June 18, 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 18'h day of June, 2008 at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero 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)