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CITY COUNCIL
AGENDA
Tuesday, September 8, 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
CITY COUNCIL CLOSED SESSION 5 00 P M.
1 PUBLIC COMMENT— CLOSED SESSION
2. CALL TO ORDER
a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title CITY MANAGER
b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title CITY ATTORNEY
3. ADJOURN
CLOSED SESSION REPORT
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REGULAR SESSION 6 00 P M
PLEDGE OF ALLEGIANCE Council Member Kelley
ROLL CALL. Mayor Beraud
Mayor Pro Tem Fonzi
Council Member Clay
Council Member Kelley
Council Member O'Malley
APPROVAL OF AGENDA. Roll Call
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 CitV Council Meeting Draft Minutes —July 14, 2009
■ Recommendation. Council approve the Draft Meeting Minutes of July
14, 2009 [City Clerk]
2. Adoption of Updated Purchasing Policy
■ Fiscal Impact: Minor potential impact up to 3% of certain purchases
■ Recommendation. Council adopt Draft Resolution amending the City of
Atascadero Purchasing Policy [Administrative Services]
3. June 2009 Accounts Payable and Payroll
■ Fiscal Impact: $1,984,97811
■ Recommendation. Council approve certified City accounts payable,
payroll and payroll vendor checks for June 2009 [Administrative
Services]
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4 PLN 2099-0997 - Zone Text Change 2003-0058 Amendment (West Front
Village, LLC)
■ Description. Proposed PD-23 Zone Text Change to allow indoor
recreation services and amusement services in the business park
portion of PD-23 with specific parking requirements
■ Fiscal Impact: None
■ Recommendation. Council adopt on second reading, by title only, draft
Ordinance A approving Zone Change 2003-0058 Amendment (PLN
2099-0997) based on findings [Community Development]
5 Annual Street Striping Award
■ Fiscal Impact: Approval of this agreement will result in the expenditure
of budgeted funds in the amounts of $ 26,732 96 for Fiscal Year 2009-
2010 and $ 27,431 04 for Fiscal Year 2010-2011
■ Recommendation. Council authorize the City Manager to execute a
contract with Toste Construction in the amount of $54,164 00 for two
years of annual street striping [Public Works]
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 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 None.
C MANAGEMENT REPORTS
1 Fee Waiver Request for Atascadero Lake Park Special Event: Veterans
Foundation Poker Run
■ Fiscal Impact: Potential fees of $500, either collected or waived A
waiver could also result in thousands of dollars in future fee waivers, if a
new Council precedent is set to waive non-profit fees for this type of
event.
■ Recommendation. Council review and deny the request for a fee waiver
for use of the Atascadero Lake Park for the Veterans Memorial
Foundation "Poker Run" on September 12,2009 [Community Services]
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2. Report on Interim Urgency Ordinance Establishing a Temporary
Moratorium on the Establishment and Operation of Medical Marijuana
Facilities
■ Fiscal Impact: None
■ Recommendation. Council adopt an Interim Urgency Ordinance
Establishing a Temporary Moratorium on the Establishment and
Operation of Medical Marijuana Facilities [City Attorney]
3. Authorization to Adopt State Video Services Franchise Agreement and
Impose PEG Fees
■ Fiscal Impact: There is no impact to the General Fund as a result of the
staff recommendation, however collection of PEG fees would provide up
to $45,000 annually for the purchase of maintenance of video
broadcasting equipment.
■ Recommendations. Council
1 Introduce for first reading by title only the Draft Ordinance repealing
uncodified City Ordinance No 137 and amending Title 1, Chapter 10
of the Atascadero Municipal Code to add new sections 1-10 41 and
1-10 42 relating to the Digital Infrastructure and Video Competition
Act (DIVCA), provide for the continuation of video and i-net service to
the City, and special provisions applicable to holders of state video
franchise, and,
2 Accept the side letter between Charter Communications and the City
of Atascadero that provides for continued use of the fiber 1-net that
connects City facilities and cable television services free of charge
through 2016 [City Manager]
4. Atascadero Sub-Basin / Paso Robles Groundwater Basin Study
Participation
■ Fiscal Impact: The proposed budget allocation will authorize $16,000 in
expenditures from the General Fund Reserve
■ Recommendation. Council authorize a budget appropriation from the
General Fund Reserve in the amount of $16,000 to participate in the
Paso Robles Groundwater Study as it applies to the Atascadero sub-
basin [Public Works]
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
5 Integrated Waste Management Authority (IWMA)
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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
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 September 8, 2009 Regular Session of the Atascadero City Council
was posted on September 1, 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 1s'day of September, 2009, 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
■.r 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 videotaped
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.
ow 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 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
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
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heard by the Council