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CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, June 23, 2009
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
City Council Closed Session 5.00 P M
City Council Regular Session 6 00 P M
CLOSED SESSION 5 00 P M.
1 PUBLIC COMMENT— CLOSED SESSION
2. CALL TO ORDER
a. Conference with Legal Counsel — Anticipated Litigation
Initiation of litigation pursuant to subdivision (c) of Government Code
Section 54956 9 (One case)
3. ADJOURN
CLOSED SESSION REPORT
REGULAR SESSION 6 00 P M.
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PLEDGE OF ALLEGIANCE Mayor Beraud
a,,,,, ROLL CALL. Mayor Beraud
Mayor Pro Tem Fonzi
Council Member Clay
Council Member Kelley
Council Member O'Malley
APPROVAL OF AGENDA. Roll Call
PRESENTATIONS
1 Presentation of Resolution by Assemblyman Sam Blakeslee's Office
Commending City of Atascadero for Efforts to Generate Economic
Activity by Creating Economic Stimulus Plan
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 DRAFT MINUTES Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of the meeting )
1 City Council Special Meeting Draft Minutes — May 26, 2009
■ Recommendation. Council approve the City Council Special Meeting
Draft Minutes of May 26, 2009 [City Clerk]
2. City Council Meeting Draft Minutes — May 26, 2009
■ Recommendation. Council approve the City Council Meeting Draft
Minutes of May 26, 2009 [City Clerk]
3. January 2009 Accounts Payable and Payroll
■ Fiscal Impact: $2,068,264 62
■ Recommendation. Council approve certified City accounts payable,
payroll and payroll vendor checks for January 2009 [Administrative
Services]
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4 February 2009 Accounts Payable and Payroll
■ Fiscal Impact: $2,183,125 87
■ Recommendation. Council approve certified City accounts payable,
payroll and payroll vendor checks for February 2009 [Administrative
Services]
5 March 2009 Accounts Payable and Payroll
■ Fiscal Impact: $1,681,602 64
■ Recommendation. Council approve certified City accounts payable,
payroll and payroll vendor checks for March 2009 [Administrative
Services]
6 April 2009 Accounts Payable and Payroll
■ Fiscal Impact: $2,311,48417
■ Recommendation. Council approve certified City accounts payable,
payroll and payroll vendor checks for April 2009 [Administrative Services]
7 PLN 2009-1325 — Zone change for Stadium Park Accessway (City of
Atascadero)
■ Fiscal Impact: None
■ Recommendation. Council adopt on second reading, by title only, Draft
Ordinance A amending the zoning designation of a portion of APN 029-
105-028 from RSF-Y (Residential Single-Family—Y) to L (Recreation)
[Community Development Department]
,�,■, 8. Temporary Road Closure — Hot EI Camino Cruise Nite 2009
■ Fiscal Impact: No net fiscal impact. The cost of putting on the event is
approximately $13,750 in budgeted funds and it is anticipated that these
costs will be fully recovered through budgeted sponsorships and entry
fees
■ Recommendation. Council approve the Draft Resolution authorizing the
closure of EI Camino Real, from Curbaril Ave to Traffic Way, Palma
Avenue from West Mall to Traffic Way, and Traffic Way from Lewis
Avenue to EI Camino Real on Friday, August 21, 2009 from 5.00 p m -
8 30 p m Additionally we recommend the closure of East Mall from EI
Camino Real to Lewis Avenue and Palma Avenue between East Mall and
West Mall from 1 00 p m — 10 00 p m [Community Services]
9 Temporary Road Closure — Lakeview Drive
■ Fiscal Impact: None
■ Recommendation. Council adopt the Draft Resolution establishing a
temporary construction road closure and tow-away zone on Lakeview
Drive for a water main extension project from July 1-15, 2009 between the
hours of 7 00 a.m and 5 00 p m [Public Works]
UPDATES FROM THE CITY MANAGER (The City Manager will give an oral report on
+r.. 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 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 Business Stimulus Proaram and Confirmation of Annual Assessment
for the Downtown Parking & Business Improvement Area
■ Ex Parte Communications
■ Fiscal Impact: The aforementioned programs will require investment of
approximately $1 1 million Funds for some of these programs have been
included in the Redevelopment Agency budget. Additional appropriations
may be needed
■ Recommendations. Council
1 Approve the Business Stimulus Program, and
2 Adopt the Draft Resolution confirming the annual assessment for the
Downtown Parking & Business Improvement Area (Fiscal Year 2009-
2010) at $0 00 [City Manager/ Office of Economic Development]
2. Proposed Revision to the Atascadero Municipal Code Prohibiting
Smokina in the Charles Paddock Zoo and in Desianated Spectator
Areas in the City's Outdoor Recreation Areas and Parks
■ Ex Parte Communications
■ Fiscal Impact: In consulting with other communities, it is suggested that
signage is the most successful method for changing parks over to smoke-
free areas It is estimated that the costs of new signage will be $500
Since current State laws prohibiting smoking near children's playgrounds
and public building entrances have generated no additional law
enforcement costs, it is anticipated that the proposed new laws should not
result in any new on-going costs for the Police Department. Similar laws in
other jurisdictions have been reported to be largely self-enforcing
■ Recommendation. The Parks and Recreation Commission recommends
Council introduce for first reading, by title only, the Draft Ordinance
amending Title 10, Parks and Recreation, adding Section 10-134
Prohibiting Smoking in the Charles Paddock Zoo and various locations
within the City's public parks [Community Services]
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C MANAGEMENT REPORTS
1 Building Permit Processing Update— New Programs and Procedures
Fiscal Impact: All of the proposed changes can be accomplished with
existing staff The changes are anticipated to be revenue neutral in the
short term In the long term, the changes should encourage new
development and permit application submittals and generate a positive
economic impact on the City
■ Recommendation. City Council receive and file this report. [Community
Development]
2. First Amendment to Animal Services Contract
■ Fiscal Impact: The cost for the three-month extension ($49,860 00) is
included in the proposed 2009-10 budget, as are the contract costs being
proposed by the County through the 2009/2011 budget period
■ Recommendation Council authorize the City Manager to execute a First
Amendment to the Animal Services Contract with the County of San Luis
Obispo in the amount of $49,860 00 for the provision of Animal Control
Services from July 1, 2009 to September 30, 2009 [Police]
3. Authorization for the City Attorney to Cooperate in Litigation
Challenging the Constitutionality of any Seizure by the State of Street
Maintenance Funds
■ Fiscal Impact: A seizure by State government of the City's street
maintenance funds would have the potential negative impact to the City
budget of $495,000 in 2009-10 and $371,000 in 2010-1
■ Recommendation. Council approve the Draft Resolution authorizing the
City Attorney to cooperate with the League of California Cities, other cities,
and counties in litigation challenging the constitutionality of any seizure by
State government of the City's street maintenance funds [City Manager]
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.)
D COMMITTEE REPORTS (The following represent standing committees
Informative status reports will be given, as felt necessary)
Mayor Beraud
1 City/ Schools Committee
2 County Mayors Round Table
3 Finance Committee
4 Homeless Services Governing Board
am 5 Integrated Waste Management Authority (IWMA)
Mayor Pro Tem Fonzi
1 Air Pollution Control District
2 Finance Committee
Council Member Clay
1 City/ Schools Committee
Council Member Kelley
1 Atascadero State Hospital Advisory Committee
2 Atascadero Youth Task Force
Council Member O'Malley
1 Economic Vitality Corporation, Board of Directors (EVC)
2 League of California Cities — Council Liaison and CITIPAC Board Member
3 SLO Council of Governments, Vice President (SLOCOG)
4 SLO Regional Transit Authority, Vice President (SLORTA)
5 Central Coast Regional Water Quality Control Board, Member (RWQCB)
E. INDIVIDUAL DETERMINATION AND/ OR ACTION
1 City Council
2 City Clerk
3 City Treasurer
4 City Attorney
„war 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 23, 2009 Regular Session of the Atascadero City Council was
posted on June 16, 2009 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 16th day of June, 2009, at Atascadero, California.
Victoria Randall, Deputy City Clerk
City of Atascadero
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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
ftw 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 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)
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
ay1 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
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
�r. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council