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HomeMy WebLinkAboutAgenda 102709 CITY OF A TA SCA DERO ;�A�AS�FRo CITY COUNCIL AGENDA Tuesday, October 27, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session 5 30 P M ,S. City Council Regular Session 6 00 P M CITY COUNCIL CLOSED SESSION 5 30 P M 1 PUBLIC COMMENT— CLOSED SESSION 2. CALL TO ORDER a. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956 9(a)) Souza Construction Inc v City of Atascadero Case No LC 09859 3. ADJOURN CLOSED SESSION REPORT REGULAR SESSION 6 00 P M PLEDGE OF ALLEGIANCE Mayor Beraud ROLL CALL. Mayor Beraud Mayor Pro Tem Fonzi Council Member Clay Council Member Kelley Council Member O'Malley APPROVAL OF AGENDA. Roll Call PRESENTATION 1 Presentation to the Council by Michael E. Manchak, President and CEO of the Economic Vitality Corporation 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 Meeting Draft Minutes — September 8, 2009 ■ Recommendation. Council approve the Draft Meeting Minutes of September 8, 2009 [City Clerk] 2. Street Closure Request - 2009 Holiday Lighting ■ Fiscal Impact: $190 in Staff time ■ Recommendation. Council adopt the Draft Resolution establishing a temporary tow-away zone and street closure for the portion of Palma Avenue from West Mall to East Mall on Friday, December 4th, 2009, from 3 00 — 9 00 p m , for the Annual Holiday Lighting Ceremony at the Sunken Gardens [Community Services] w. 3. On-site Alcohol Sales License - Determination of Public Convenience - PLN 2009-1340 - 5855 EI Camino Real "Old Camozzi's Saloon" (Kennedy/ Holladay) ■ Description. Request to approve an on-site sale of beer, wine, and distilled spirits Alcohol Beverage Control license application ■ Fiscal Impact: Slight positive fiscal impact expected from increased sales tax. ■ Recommendation. Council adopt Draft Resolution finding that public convenience would be served by allowing the issuance of an on-site sale of beer, wine, and distilled spirits license for an existing beer and wine establishment located at 5855 EI Camino Real (Old Camozzi's Saloon) [Community Development] 4. Annual Pavement Markings Award Bid Number 2009-012 ■ Fiscal Impact: Approval of this agreement will result in the expenditure of $ 42,943 00 for Fiscal Year 2009-2010 and $ 42,943 00 for Fiscal Year 2010-2011 from previously allocated Street Maintenance funds ■ Recommendation. Council authorize the City Manager to execute a contract with Toste Construction in the amount of $85,886 00 for two years of annual Pavement Marking Services [Public Works] 5 Las Lomas Landscape and Lighting District - Landscape Maintenance Services Award ■ Fiscal Impact: Maintenance responsibilities for the public landscaping improvements and open space are primarily the responsibility of the Las Lomas Landscape and Lighting Assessment district. The majority of these maintenance costs will be paid for by assessments on property owners in the districts, however, the City of Atascadero is responsible for 25% of the cost for maintaining the open space This is currently estimated at $1,200 00 per year Approval of the agreement with Armets Landscape, Inc will result in the annual expenditure of $43,639 20 in funds from the Las Lomas Landscape and Lighting Assessment District ■ Recommendation. Council authorize the City Manager to execute an agreement with Armets Landscape, Inc , for landscape maintenance services in the Las Lomas Landscape and Lighting Assessment District [Public Works] 6 Temporary Road Closure - Seperado Avenue ■ Fiscal Impact: None ■ Recommendation. Council adopt Draft Resolution approving a request by Michael Frederick Paving for a construction road closure on Seperado Avenue, to take place on one day during the week of November 2 through November 6, 2009, for a pavement sealing project. [Public Works] No 7 Commitment to California Energy Commission's "Energy Partnership Program" Fiscal Impact: There will be no immediate fiscal impact other than minor administrative and operations staff time to assist the energy audit team to access City facilities However the results of the energy audits will likely trigger the development of energy savings programs and future projects that will require staff time to file grant applications, and pursue stimulus program funding opportunities Any future projects or energy programs would be brought back to the City Council for further discussion once they are further defined Any equipment or construction projects would be contingent on acquiring suitable funding sources ■ Recommendation. Council adopt the attached Draft Resolution authorizing the Director of Public Works to execute all necessary documents to implement the Energy Partnership Program through the California Energy Commission [Public Works] 8. San Gabriel Road Safe Routes to School Project — City Bid No 2009- 008 ■ Fiscal Impact: $265,003 of budgeted CalTrans Safe Routes to School Grant Funds (90%), City Local Transportation Funds (5%) and School District Contribution Funds (5%) ■ Recommendations. Council o,,,, 1 Authorize the City Manager to execute a contract with Sosa Construction, in the amount of $255,003 00 to construct the Base Bid improvements and Bid Add Alternate A for the San Gabriel Safe Routes to School Project; and, 2 Authorize the City Manager to execute a change order with Cannon Engineering in the amount of $10,000 to provide construction engineering support services, and, 3 Authorize the Public Work Director to file a Notice of Completion after the project has been constructed [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 1 Report on Moratorium on the Establishment and Operation of Medical Marijuana Facilities and Draft Ordinance Prohibiting Medical Mariivana Facilities ■ Ex Parte Communications. ■ Fiscal Impact. None ■ Recommendations. Council 1 Adopt an Interim Urgency Ordinance extending the 45-day moratorium on the establishment and operation of medical marijuana facilities for a period of 10 months and 15 days through September 8, 2010, and, 2 Refer to the Planning Commission for consideration of a draft ordinance to repeal existing ordinances regarding medical marijuana and adopt an ordinance prohibiting the establishment and operation of medical marijuana facilities in the City [City Attorney] 2. Community Facilities District 2005-1 - Annexation No. 4 (West Front Village) ■ Ex Parte Communications. ■ Description. Establishment of annexation No 4 (West Front Village) to fund new police, fire, and park services for this development. ■ Fiscal Impact: Creation of the CFD is required to mitigate the fiscal impact of residential development on the City The CFD will create a N.. revenue source for public safety personnel that will be revenue positive to the City ■ Recommendations. 1 Council conduct the public hearing on the proposed annexation, and direct the City Clerk to collect and count the ballots Council to recess until ballots are counted 2 Council adopt draft Resolution A, making certain findings, certifying the results of an election and adding property to Community Facilities District No 2005-1 (Public Services), Annexation No 4 (West Front Village) [Community Development] 3. Title 9 Planning and Zoning Text Amendment - PLN 2009-1335 / ZCH 2009-0155 (City of Atascadero) ■ Ex Parte Communications. ■ Fiscal Impact: None ■ Recommendations. The Planning Commission recommended that City Council adopt the Draft Ordinance A, to approve PLN 2009-1335 (Zone Text Change 2009-0155) based on findings Based on additional research since the Planning Commission hearing, staff recommends the City Council Introduce for first reading by title only the Draft Ordinance A, approving PLN 2009-1335 (Zone Text Change 2009-0155) based on findings, as recommended by the Planning Commission, and a, 1 Remove the proposed changes regarding "licensed therapeutic massage" as a personal service from the proposed ordinance, and 2 Replace the term "mobilehome" with "manufactured home" under the sales lot definition [Community Development] C MANAGEMENT REPORTS 1 A Resolution Approving the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with Respect to the Sale of the Seller's Proposition 1A Receivable from the State, and Directing and Authorizing Certain Other Actions in Connection Therewith ■ Fiscal Impact: Participation in the Proposition 1A Securitization Program would allow the City to receive approximately $645,000 in fiscal year 2009/2010 These funds would backfill the $645,000 in funds being borrowed by the State in fiscal year 2009/2010, to be repaid by the State on June 30, 2013 ■ Recommendation. Council adopt the Draft Resolution approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the City of Atascadero's Proposition 1A Receivable from the State, and directing and authorizing certain other actions in connection therewith [Administrative Services] 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 Mayor Beraud Mayor Beraud is requesting the Council consider placing a City Council Resolution on a future agenda regarding bottled water and Styrofoam containers D COMMITTEE REPORTS (The following represent standing committees Informative status reports will be given, as felt necessary) am 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) 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 a Quarterly Commissioner Attendance Report 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 �r I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the October 27, 2009 Regular Session of the Atascadero City Council was posted on October 20, 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 �r. Signed this 20th day of October, 2009, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero err Illiliiw City of Atascadero WELCOME TO THE ATASCA DERO 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 iow 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 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 must be brought to the meeting on a USB drive or CD 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