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HomeMy WebLinkAboutAgenda 051110 rar7P .r r r . '9 CITY OF ATA AD SC ERO CITY COUNCIL AGENDA Tuesday, May 11, 2010 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session: 5:45 P.M. Community Redevelopment Agency Special Meeting: 6:00 P.M. City Council Regular Session: Immediately following conclusion of the Redevelopment Agency Meeting CITY COUNCIL CLOSED SESSION: 5:45 P.M. 1. PUBLIC COMMENT— CLOSED SESSION 2. CALL TO ORDER a. Conference`with Labor Negotiators(Govt. Code Sec. 54957.6) •Agency designated representatives: Wade McKinney, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non-Represented Professional and Management Workers and Confidential Employees 3. ADJOURN CLOSED SESSION REPORT CITY COUNCIL REGULAR SESSION: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Pro Tem O'Malley ROLL CALL: Mayor Fonzi Mayor Pro Tem O'Malley Council Member Beraud Council Member Clay Council Member Kelley 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. City Council Meeting Draft Minutes — April 13, 2010 ■ Recommendation: Council approve the Draft Meeting Minutes of April 13, 2010. [City Clerk] 2. March 2010 Accounts Payable and Payroll ■ Fiscal Impact: $1,413,541.25 ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for March 2010. [Administrative Services] A 3. Transit Center Engineering Design Contract Award (Contract for Professional Services) ■ Fiscal Impact: Not to exceed $71,972.00. SLOCOG has committed Proposition 1 B funding for the design of the project ■ Recommendation: Council authorize the City Manager to execute a contract with Wallace Group, Incorporated to design the Transit Center improvements for an amount not to exceed $71,972.00. [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. Weed Abatement— Hearing of Objections ■ Fiscal Impact: The costs and revenues associated with the Weed Abatement Program vary from year to year and are dependent on property owner non-compliance. The fees are placed on the San Luis Obispo County Special Tax Assessment for the fiscal year 2010-2011 Tax Roll. ■ Recommendations: Council: 1. Hear all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections; and, 2. Authorize the Fire Chief to proceed and perform the work of abatement. [Fire] C. MANAGEMENT REPORTS: 1. PLN 2009-1341 -- CUP. 2009-0244 / RAB 2010-0019 Conditional Use Permit' for a 10 Screen Movie Theater/ Retail / Restaurant building Request to Summarily Vacate a Portion of Atascadero Mall Ave. and EI Camino Real - 6320 - 6490 EI Camino Real (Hoff/Wysong) ■ Fiscal Impact: The applicant shall pay all fees and expenses to abandon the Right-of-Way. City Council will be considering issues regarding right-of-way compensation and final terms of the property transfer. The theater and retail portions of the project will be revenue positive to the City regarding sales tax and property tax increases. ■ Recommendations: Planning Commission Recommends the City Council: 1. Adopt Draft Resolution A approving Road Abandonment 2010-0019 to summarily vacate a 10-foot wide road and landscape easement along the EI Camino Real right-of-way, and a portion of Atascadero Mall Ave based on findings and subject to conditions of approval; and, 2. Adopt Draft Resolution B approving a Conditional Use Permit, height waiver, and Tree Removal Permit for the La Plaza Theater project based on findings and subject to conditions. [Community Development] 2. Bond Finance Team ■ Fiscal Impact: The fiscal impact of awarding the contracts is dependent upon the type and face value of the bonds being issued. The estimated total underwriting and bond counsel fees for a $16 million bond issue is approximately $250,000. These fees are due only upon sale of the bond and will.be paid from bond proceeds. ■ Recommendations: Council: 1. Authorize the City Manager to execute an agreement with Piper Jaffray for underwriting services and; 2. Authorize the City Manager to execute an agreement with Quint & Thimmig for bond counsel services. [Administrative Services] 3. On-site Alcohol Sales License Determination of Public Convenience - PLN 2010-1363 -- 6917 EI Camino Real, Suite C "Galaxy Theater" (Colony Square, LLC/Galaxy Theater) ■ Fiscal Impact: Slight positive fiscal impact expected from increased sales tax. ■ Recommendation: Council adopt Draft Resolution A finding that a public convenience would be served by allowing the issuance of an on-site sale of beer and wine license for the Galaxy Theater, a new establishment located at 6917 EI Camino Real (Colony Square). [Community Development] 4. Atascadero Trail and Restoration Grant Status ■ Fiscal Impact: There is no fiscal impact to receive and file this report. ■ Recommendation: Council receive and file staff report on the current status of the Atascadero Trail Project Grant. [Public Works] 5. Stadium Park Fire Study ■ Fiscal Impact: None. ■ Recommendation: Council receive and file this report on the grant staff received for the purpose of conducting a fire study for Stadium Park. [Fire] 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 Fonzi 1. Air Pollution Control District 2. County Mayors Round Table 3. Economic Vitality Corporation, Board of Directors (EVC) Mayor Pro Tem O'Malley 1. League of California Cities — Council Liaison and CITIPAC Board Member 2. SLO Council of Governments, President (SLOCOG) 3. SLO Regional Transit Authority, President (SLORTA) Council Member Beraud 1. City/ Schools Committee 2. Homeless Services Oversight Council 3. Integrated Waste Management Authority (IWMA) Council Member Clay 1. City/ Schools Committee Council Member Kelley 1. Atascadero State Hospital Advisory Committee 2. Atascadero Youth Task Force 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 May 11, 2010 Regular Session of the Atascadero City Council was posted on May 4, 2010 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 4th day of May, 2010, at Atascadero, California. ukxa�- 4".&V 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.or4. 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.