The URL can be used to link to this page

Home My WebLink AboutAgenda Packet 060909 VOW rano r7; r fff . 19'$' r t ` 1 9 CITY OF A TA SCA DERO CITY COUNCIL AGENDA Tuesday, June 9, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California Redevelopment Agency Closed Session 5 30 P M Redevelopment Agency- 6 00 P M City Council Immediately following the conclusion of the Redevelopment Agency meeting REDEVELOPMENT AGENCY CLOSED SESSION 5 30 P M. REDEVELOPMENT AGENCY 6 00 P M. REGULAR SESSION Immediately following the conclusion of the Redevelopment Agency meeting PLEDGE OF ALLEGIANCE. Council Member O'Malley 1 . 4LL Mayor Beraud Mayor Pro Tem Fonzi Council Member Clay *0000 Council Member Kelley Council Member O'Malley APPPOVAL OF AGENDA. Roll Call PoR EWATIONS 1 Employee Service Awards 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 onsent calendar and will be considered in the listed sequence with an _;pportunity for any member of the public to address the Council concerning the it,am 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 r,,ortion of the meeting ) 1 City Council Meeting Draft Minutes — May 12, 2009 ■ Recommendation. Council approve the City Council Meeting Draft Minutes of May 12, 2009 [City Clerk] 2. Amendment of Section 3-5.105 of the Atascadero Municipal Code pertaining to Cardrooms - 2ndReading ■ Fiscal Impact: None ■ Recommendation. Council adopt on second reading, by title only, the Draft Ordinance amending Section 3-5 105 of the Atascadero Municipal Code to clarify the number of card tables that may be licensed within the City [City Attorney] 3. Alcoholic Beverage Control License for On-site Wine Tasting - PLN 2009-1330 - 8200 EI Camino Real (New Albertson's Inc.) ■ Fiscal Impact: None ■ Recommendations. Council adopt Resolution A finding that public convenience or necessity would be served by allowing the issuance of a Type 42 license for on-site wine tasting at Albertson's located at 8200 EI Camino Real [Community Development] 1.0102 4 Memorandums of Understanding for Atascadero Police Association, Service Employees International Union Local 620, Mid-Management/ :mow, Professional Employees Association and Resolution for Non= Represented Professional and Management Workers and Confidential Employees ■ Fiscal Impact: The impact of the MOUs, Draft Resolution and side letter are included in the annual budget being presented to the City Council this evening. ■ Recommendations. Council 1 Approve Memorandums of Understanding and a Draft Resolution, authorizing salaries and benefits for the above-named employee groups and direct the Personnel Officer to make corresponding changes to the salary schedule, and 2 Accept the side letter from the Atascadero Professional Firefighters Association (APFA) Local 3600 regarding a voluntary deferral of negotiated wage increases and call-out pay [City Manager] 5 Parking & Business Improvement Area (PBIA) Assessment ■ Description. The annual PBIA assessment is imposed on downtown businesses for improvements in the downtown ■ Fiscal Impact: The City receives approximately $10,500 annually from the Downtown Parking and Business Improvement Area assessments ■ Recommendation. Council adopt the Draft Resolution of Intention, declaring intent to levy annual Downtown Parking & Business Improvement Area assessment, and set a public hearing for June 23, 11%W 2009 [City Manager] 6. Proposition 1 B Safety and Security Grant Agreement ■ Fiscal Impact: None ■ Recommendation. Council approve the attached Draft Resolution authorizing the City Manager and Director of Administrative Services to execute documents necessary for the purpose of obtaining financial assistance provided by the Governor's Office of Homeland Security [Public Works] 7 Temporary Road Closure - Atascadero Main Street - Atascadero Bandstand and Beerfest ■ Fiscal Impact: No net fiscal impact to the General Fund as the road closure fee covers the cost of installing the Road Closed signs ■ Recommendation. Council adopt the Draft Resolution approving a request by Atascadero Main Street for a road closure for the Atascadero Bandstand and Beerfest and establishment of tow-away zones on July 11, 2009 from 7 00 a.m to 1000 p m [Public Works] 8. Temporary Road Closure - Atascadero Main Street - Summer Street Fair and Farmers' Market ■ Fiscal Impact: No net fiscal impacts to the General Fund as road closure wr► fees cover the cost of installing the Road Closed signs ■ Recommendation. Council adopt the Draft Resolution approving a request by Atascadero Main Street for a road closure for the Summer 3 Street Fair and Farmers' Market and establishment of tow-away zones every Wednesday from 3 00 p m to 9*00 p m from June 17th to August 26, 2009 [Public Works] P Edward Byrne Memorial Justice Assistance Grant Fiscal Impact: Receipt and expenditure of $11,220 00 in federal criminal justice grants funds Recommendation. Council approve the second Police Department submission of an application to the U S Department of Justice for federal criminal justice funding through the Justice Assistance Grant (JAG) with an award of $11,220 00 [Police] 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 aLe.�,` the Council on any matter not on this agenda and over which the Council has Keri, J -t .gin Speakers are limited to three minutes Please state your name for the u;coro c:efore making your presentation The Council may take action to direct the staff tc mace a matter of business on a future agenda. A maximum of 30 minutes will be Z>_?Iowed for Community Forum, unless changed by the Council ) B PUBLIC HEARINGS 1 Apple Valley Assessment Districts ■ Ex Parte Communications Fiscal Impact: Annual assessments for 2009/2010 will total $35,889 for road/drainage system maintenance and $16,670 for landscape and lighting maintenance These amounts will be assessed to the owners of parcels in Apple Valley ® Recommendations. Council 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No 01 — Apple Valley, and the levy and collection of annual assessments related thereto for fiscal year 2009/2010 2 Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No 01 —Apple Valley 3 Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No 01 — Apple Valley, and the levy and collection of annual assessments related thereto in fiscal year 2009/2010 4 Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No 01 —Apple Valley [Administrative Services] 4 2. De Anza Estates Assessment Districts ■ Ex Parte Communications ■ Fiscal Impact: Annual assessments for 2009/2010 will total $35,454 for road/drainage system maintenance and $21,316 for landscape and lighting maintenance These amounts will be assessed to the owners of parcels in De Anza Estates The General Fund will contribute $840 for half of the maintenance costs of the trails ■ Recommendations. Council 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No 03 — De Anza Estates, and the levy and collection of annual assessments related thereto for fiscal year 2009/2010 2 Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No 03 — De Anza Estates 3 Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No 03 — De Anza Estates, and the levy and collection of annual assessments related thereto in fiscal year 2009/2010 4 Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No 03— De Anza Estates [Administrative Services] 3. Woodridge (Las Lomas) Assessment Districts ■ Ex Parte Communications ■ Fiscal Impact: Annual assessments for 2009/2010 will total $20,407 for road/drainage system maintenance and $78,443 for landscape and lighting maintenance These amounts will be assessed to the owners of parcels in Woodridge The City General Fund will contribute $5,080 toward the cost of the trails ■ Recommendations. Council 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No 02 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2009/2010 2 Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No 02 —Woodridge (Las Lomas) 3 Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No 02 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year 2009/2010 4 Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No 02 — Woodridge (Las Lomas) [Administrative Services] 5 4 2009-2011 Operating and Capital Budget • Fiscal Impact: The total revenues are budgeted at $31,939,630 and $39,737,850 for fiscal years 2009-2010 and 2010-2011 respectively Total expenditures are budgeted at $33,354,820 and $41,622,390 for fiscal years 2009-2010 and 2010-2011 respectively ■ Recommendations. Council 1 Adopt Draft Resolution of the City Council of the City of Atascadero adopting the budgets for the 2009-2010 and 2010-2011 fiscal years and delegating to the City Manger the authority to implement same, 2 Adopt Draft Resolution of the City Council of the City of Atascadero amending fiscal year 2008-2009 budget; and 3 Adopt Draft Resolution of the City Council of the City of Atascadero adopting the fiscal year 2009-2010 annual spending limit. [Administrative Services] C MANAGEMENT REPORTS Pt,,aewal of Contract with AGP Video, Authorization to Adopt State Video Services Franchise Agreement _and Impose PEG Fees, and I jodif!cations to Existing Broadcast Services Fiscal Impact: The total cost of the contract as recommended is $24,240 The 2009-11 Budget has reduced the amount available for video broadcasting and streaming by $20,000 Should the Council wish to continue all services, other programs will need to be reduced Recommendations. Council 1 Authorize the City Manager to enter into a two-year contract with AGP Video of Morro Bay to provide broadcasting and channel management services for the City's cable channel, and, 2 Direct staff to prepare an ordinance relinquishing the local franchise agreement between the City of Atascadero and Charter Communications in lieu of adopting the State video services franchise and negotiate a side letter between Charter Communications and the City of Atascadero, and, 3 Direct staff to prepare an ordinance imposing a Public Education Government Access Fee on Cable subscribers of up to 1% of revenues received from cable television services, and, 4 Discontinue archiving of video of meetings via the Internet (audio and video streaming and audio archiving will continue), and, 5 Discontinue broadcasting of Planning Commission meetings [City Manager] 2. Ballot Measure for Mosquito, Vector and Disease Control Assessment L3 Fiscal Impact: In 2009-10 the proposed assessment for the City of Atascadero is $630 50 The assessment will continue in future years and may be adjusted annually, based on the change in the Los Angeles Area Consumer Price Index, not to exceed 3% per year ® Recommendation Council give staff direction on how the City, as a property owner, should vote on its Official Assessment Ballot for Mosquito, 6 Vector and Disease Control Assessment by the San Luis Obispo County Mosquito and Vector Control Program [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 5 Integrated Waste Management Authority (IWMA) Mayor Pro Tem Fonzi 1 Air Pollution Control District 2 Finance Committee �11.rr 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 7 r._- ADJOURNMENT Rlaase note. Should anyone challenge any proposed development entitlement listed on this Agenda in court, that parsur may be limited to raising those issues addressed at the public hearing described in this notice or in written cor~e;Fondonca delivered to the City Council at or prior to this public hearing Correspondence submitted at this nui)iic"tearing will be distributed to the Council and available for review in the City Clerk's office i ic:oria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the June 9, 2009 Regular Session of the Atascadero City Council was ;posted on June 2, 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 2nd day of June, 2009, at Atascadero, California. Victoria Randall, Deputy City Clerk Citi of Atascadero City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING '%wThe 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 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 ,*4ww 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 The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. 9 ..� ..r+ ITEM NUMBER. A-1 DATE. 6/09/09 0 rnriF 'r r..r.. n x`191 r r CITY OF ATASCA DER CITY COUNCIL DRAFT MINUTES Tuesday, May 12, 2009 City Council Closed Session 5.00 P.M Redevelopment Agency- 6.00 P M. City Council Regular Session- Immediately following the Redevelopment Agency meeting CLOSED SESSION: 5 00 P M. 1 PUBLIC COMMENT—CLOSED SESSION Mike Brennler asked the Council to take a look at the position of Assistant City Manager, and strongly urged the Council to hire a new City Manager He made a standing request for public disclosure about any taxpayer dollars that are spent related to the litigation involving the Police Department that was discussed in Closed Session a few months ago 2. CALL TO ORDER a. Conference with Labor Negotiators (Govt. Code Sec 54957 6) Agency designated representatives Wade McKinney, City Manager; Jim Lewis, Assistant City Manager Employee Organizations Service Employees International Union, Local 620; Atascadero Police Association, Mid-Management/Professional Employees, Atascadero Firefighters Bargaining Unit; Non-Represented Professional and Management Workers and Confidential Employees CC Draft Minutes of 05/12/09 Page 1 of 12 11 ITEM NUMBER A- 1 DATE. 6/09/09 b PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title CITY MANAGER c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title CITY ATTORNEY 3. ADJOURN CLOSED SESSION REPORT Mayor Beraud announced that at this time the City Council finds the performance of both the City Attorney and the City Manager to be satisfactory REDEVELOPMENT AGENCY 6 00 P.M. REGULAR SESSION Mayor Beraud called the meeting to order at 6 18 p.m , and Council Member Clay led the Pledge of Allegiance ROLL CALL. Present: Council Members Clay, O'Malley, Kelley, Fonzi and Mayor Beraud Absent: None Others Present: City Clerk/ Assistant to City Manager Marcia McClure Torgerson Staff Present_: _ y Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Russ Thompson, Police Chief Jim Mulhall, Fire Chief Kurt Stone and City Attorney Brian Pierik. APPROVAL OF AGENDA. MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Kelley to approve the agenda. Motion passed 5.0 by a roll-call vote. A. CONSENT CALENDAR CC Draft Minutes of 05/12/09 Page 2 of 12 12 ITEM NUMBER A- 1 DATE. 6/09/09 1 City Council Meeting Draft Minutes — March 24, 2009 ■ Recommendation. Council approve the City Council Meeting Draft Minutes of March 24, 2009 [City Clerk] 2. City Council Special Meeting Draft Minutes — March 25, 2009 ■ Recommendation. Council approve the City Council Special Meeting Draft Minutes of March 25, 2009 [City Clerk] 3. City Council Special Joint Meeting Draft Minutes — March 31, 2009 ■ Recommendation. Council approve the City Council Special Joint Meeting Draft Minutes of March 31, 2009 [City Clerk] 4 Apple Valley Assessment Districts ■ Fiscal Impact: Annual assessments for 2009/2010 will total $35,889 for road/drainage system maintenance and $16,673 for landscape and lighting maintenance These amounts will be assessed to the owners of parcels in Apple Valley ■ Recommendations. Council 1 Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No 01 (Apple Valley) for fiscal year 2009/2010 2 Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No 01 (Apple Valley) 3 Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No 01 (Apple Valley) in fiscal year 2009/2010, and to appoint a time and place for the public hearing on these matters 4 Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No 01 (Apple Valley) for fiscal year 2009/2010 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code 5 Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No 01 (Apple Valley) for fiscal year 2009/2010 6 Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No 01 (Apple Valley) for fiscal year 2009/2010 [Administrative Services] 5 De Anza Estates Assessment Districts ■ Fiscal Impact: Annual assessments for 2009/2010 will total $46,900 for road/drainage system maintenance and $28,870 for landscape and �wr•' CC Draft Minutes of 05/12/09 Page 3 of 12 13 ITEM NUMBER A- 1 DATE 6/09/09 lighting maintenance These amounts will be assessed to the owners of parcels in De Anza Estates The General Fund will contribute $840 for half of the maintenance costs of the trails ■ Recommendations. Council 1 Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No 03 (De Anza Estates) for fiscal year 2009/2010 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No 03 (De Anza Estates) 3 Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No 03 (De Anza Estates) in fiscal year 2009/2010, and to appoint a time and place for the public hearing on these matters 4 Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No 03 (De Anza Estates) for fiscal year 2009/2010 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code 5 Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No 03 (De Anza Estates) for fiscal year Now 2009/2010 6 Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No 03 (De Anza Estates) for fiscal year 2009/2010 [Administrative Services] 6. Las Lomas (Woodridge) Assessment Districts ■ Fiscal Impact: Annual assessments for 2009/2010 will total $15,940 for road/drainage system maintenance and $61,265 for landscape and lighting maintenance These amounts will be assessed to the owners of parcels in Woodridge The City General Fund will contribute $5,080 toward the cost of the trails ■ Recommendations. Council 1 Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No 02 (Woodridge) for fiscal year 2009/2010 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No 02 (Woodridge) 3 Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain -400 CC Draft Minutes of 05/12/09 Page 4 of 12 14 ITEM NUMBER A- 1 DATE. 6/09/09 Maintenance District No 02 (Woodridge) in fiscal year 2009/2010, and to appoint a time and place for the public hearing on these matters 4 Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No 02 (Woodridge) for fiscal year 2009/2010 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code 5 Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No 02 (Woodridge) for fiscal year 2009/2010 6 Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No 02 (Woodridge) for fiscal year 2009/2010 [Administrative Services] 7 Weed Abatement — Awarding of Contractor Bid ■ Fiscal Impact: None Funds are budgeted, annually, to cover the costs of the weed abatement program, and are recovered through assessments on property tax bills of those parcels abated ■ Recommendation. Council authorize the City Manager to execute a contract with Travis Hansen, dba Hansen Bros Custom Farming, for weed abatement. [Fire] 8. Purchase of 2 Transit Buses through the State Department of General Services ■ Fiscal impact: Funds for the purchase of these vehicles have been made available through the American Recovery and Reinvestment Act and have been programmed through the San Luis Obispo Council of Governments Total funds available for the Dial-A-Ride vehicle are $67,000, and for the Fixed Route vehicle are $117,000 ■ Recommendations. Council 1 Adopt the Draft Resolution authorizing the State Department of General Services to purchases vehicles on behalf of the City of Atascadero, and, 2. Authorize Staff to proceed with the purchase of 2 transit buses [Public Works] 9 Atascadero Transit - Approval of Federal Transit Administration Procedures for Public Comment ■ Fiscal Impact: None ■ Recommendation. Council approve the attached procedures as required by the Federal Transit Administration (FTA) regarding public comment. [Public Works] Items #A-8 & #A-9 was pulled by citizen Eric Greening CC Draft Minutes of 05/12/09 Page 5 of 12 15 ITEM NUMBER A- 1 DATE 6/09/09 MOTION By Council Member Clay and seconded by Mayor Pro Tem Fonzi to approve Items #A-1, 2, 3, 4, 5, 6, & 7 (A-4 1 Resolution No. 2009-023, A-4.2. Resolution No. 2009- 024, A-4.3 Resolution No. 2009-025, A-4 4 Resolution No. 2009-026, A-4.5 Resolution No. 2009-027, A-4 6 Resolution No. 2009-028, A-5.1 Resolution No. 2009-029, A-5.2 Resolution No 2009-030, A-5.3 Resolution No. 2009-031, A- 5.4 Resolution No. 2009-032, A-5.5 Resolution No. 2009- 033, A-5.6 Resolution No. 2009-034, A-6.1 Resolution No. 2009-035, A-6.2 Resolution No. 2009-036, A-6.3 Resolution No. 2009-037, A-6.4 Resolution No. 2009-038, A-6.5 Resolution No. 2009-039, A-6.6 Resolution No. 2009-040, A- 7 Contract No 2009-006) Motion passed 5.0 by a roll-call vote. Item #A-8 Eric Greening stated that this is excellent news He urged the Council to lobby our Federal representatives to include operational support in future stimulus proposals Item #A-9- Eric Greening said that meetings should be at a time and place convenient for transit users MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to approve Items #A-8 & 9 (A-8. Resolution No. 2009- 041) Motion passed 5.0 by a roll-call vote. UPDATES FROM THE CITY MANAGER Community Development Director Warren Frace Mr Frace explained to the Council that the City is under a requirement of the State to update our Housing Element this year Staff has circulated a Request for Proposals for a consultant to assist with this update and have selected Lisa Wise and Associates to conduct the update Mr Frace answered questions of Council COMMUNITY FORUM Eric Greening announced the Art Tour this Friday in Atascadero Steve Martin brought the Council up to date on the events coming up in the Downtown CC Draft Minutes of 05/12/09 Page 6 of 12 16 ITEM NUMBER A-1 DATE 6/09/09 Joanne Main shared with the Council the details of the Chamber's upcoming events Lee Perkins stated that she feels more should have been done to avoid layoffs Heather Young Curry invited the Council and the public to this Friday's Art Tour Jim Shannon congratulated the Council on the visible improvements seen around Atascadero He stated that layoffs are difficult and the public doesn't understand how difficult it is for management to make that decision He supports the Council and staff's efforts to balance the City's budget. Mayor Beraud closed the COMMUNITY FORUM period. Council Members made comments concerning the recent City layoffs They commended the Fire Fighters for deferring their scheduled raise, and expressed their sadness for the necessary layoffs Council Members discussed the fact that the City is experiencing a difficult period and is taking the appropriate steps for survival B PUBLIC HEARINGS 1 Weed Abatement - Hearing of Objections ■ Fiscal Impact: None Costs involved in administering this program are recovered through the 150% administrative fee charged to parcels abated by the City Contractor ■ 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] Fire Chief Kurt Stone gave the staff report and answered questions of the Council PUBLIC COMMENT Jim Shannon stated he supports the City's efforts to prevent a fire in our community MOTION By Council Member Clay and seconded by Mayor Pro Tem Fonzi to authorize the Fire Chief to proceed and perform the work of abatement. Motion passed 5.0 by a roll-call vote. 1%W CC Draft Minutes of 05/12/09 Page 7 of 12 17 ITEM NUMBER. A 1 DATE. 6/09/09 C MANAGEMENT REPORTS ` 1 Economic Development Strategy — Action and Marketing Plans ■ Fiscal Impact: None ■ Recommendation. Council approve the conceptual Economic Strategy Action Plan and Marketing Plans presented by Applied Development Economics [City Managerl Assistant City Manager Jim Lewis introduced Doug Svensen, Applied Development Economics, who gave a presentation of their proposed Economic Strategy Action Plan and Marketing Plans Mr Svensen also answered questions of the Council PUBLIC COMMENT Jim Shannon urged the Council to start with things that are actually obtainable, such as Colony Square He said the community needs to work together to make these ideas happen Lee Perkins stated she supports the presentation and encouraged the Council to move forward Ray Johnson encouraged the Council to review the public/private partnership study that was conducted when he was on the Council David Bentz stated this plan is outstanding, but there is no foundation for implementation He encouraged the Council to build the foundation, by putting the zoning in place to make this plan happen Len Colamarino said that this proposed plan is impressive He expressed his concern with the lack of detailed steps to accomplish this plan Bruce Bevins stated this plan gives the community long term goals Mayor Beraud recessed the meeting at 8 35 p.m. Mayor Beraud reconvened the meeting at 8:48 p.m. There was Council discussion on this item, and Mr Lewis answered additional questions of Council There was Council consensus to direct staff to return with goals with timeframes, a prioritized listing, and consider the use of volunteers, and costs associated with each goal CC Draft Minutes of 05/12/09 Page 8 of 12 18 ITEM NUMBER A- 1 DATE. 6/09/09 MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Clay to approve the conceptual Economic Strategy Action Plan and Marketing Plans presented by Applied Development Economics. Motion passed 5.0 by a roll-call vote. 2. Streetscape Phase Ilb Award (City Bid No. 2009-003) ■ Description. Construction of Improvements at EI Camino Real north of Morro Road, Atascadero Creek Bridge, US101 Pedestrian Tunnel, Traffic Way and EI Camino Real the Rosario intersection. ■ Fiscal Impact: The fiscal impact of awarding the bid is $1,198,114.25 in budgeted redevelopment funds ■ Recommendations. Council 1 Award the Base Bid A, C,E, G, 1, and K in the amount of $1,103,431 75, for the Streetscape Phase Ilb project areas at: EI Camino Real Gateway, Crosswalk and Median improvements, US101 Pedestrian Tunnel, Traffic Way and EI Camino Real Planted Island, EI Camino Real Paving, the Rosario intersection, and, 2. Award Rosario Avenue Bid Add Alternate Schedule B, in the Amount of $ 82,170 00; and, 3 Award EI Camino Real Bid Add Alternate Schedule D, in the Amount of $12,512.50; and, 4 Authorize the City Manager to execute a contract in the amount of $1,198,114.25 (Base Bids plus Bid Alts B and D) with Souza Construction Incorporated to construct the Phase Iib improvements, and, 5 Provide Staff with direction on Entry Arch value engineering and bidding, and, 6 Authorize the Public Works Director to file a notice of completion after the project is completed [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions of Council PUBLIC COMMENT Joanne Main stated she's worried that we are ignoring the Traffic Way offramp and hopes that we can improve that area in Phase 3 Steve Martin stated he appreciates the work the City has done in the Downtown He agrees with the re-evaluation of the entry arch Mayor Bdraud closed the PUBLIC COMMENT period. CC Draft Minutes of 05/12/09 Page 9 of 12 19 ITEM NUMBER A- 1 DATE 6/09/09 MOTION By Council O'Malley and seconded by Council Member Kelley to 1 Award the Base Bid A, C,E, G, 1, and K in the amount of $1,103,43175, for the Streetscape Phase Ilb project areas at: EI Camino Real Gateway, Crosswalk and Median improvements, US101 Pedestrian Tunnel, Traffic Way and EI Camino Real Planted Island, EI Camino Real Paving, the Rosario intersection, and, 2. Award Rosario Avenue Bid Add Alternate Schedule B, in the Amount of $ 82,170.00; and, 3. Award EI Camino Real Bid Add Alternate Schedule D, in the Amount of $12,512.50; and, 4 Authorize the City Manager to execute a contract in the amount of $1,198,114.25 (Base Bids plus Bid Alts B and D) with Souza Construction Incorporated to construct the Phase Ilb improvements, and; 5 Direct Staff to defer the Entry Arch, use the funds in Phase 3, and come back with a re-design of the Entry Arch, and, 6. Authorize the Public Works Director to file a notice of completion after the project is completed. (Contract No. 2009- 042) Motion passed 5:0 by a roll-call vote. 3 Dormant Building Permits Applications Time Extensions Follow-up Report ■ Fiscal Impact: Alternatives 1 and 2 have minimal additional costs to the City Both alternatives have the potential of collecting outstanding fees that are due to the City and therefore the program is expected to be revenue positive ■ Recommendation. Council direct staff to develop a Phase II Dormant Building Permit program consistent with staff's program outline in Alternative 2. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT None MOTION By Council Member O'Malley and seconded by Council Member Kelley to direct staff to develop a Phase II Dormant Building Permit program consistent with staff's program outline in Alternative 2, and to return to the Council with options to extend the dates for all dormant permits. Motion passed 5.0 by a roll-call vote. CC Draft Minutes of 05/12/09 Page 10 of 12 20 ITEM NUMBER A-1 DATE 6/09/09 4 Resolution Opposing Proposals by the State to Borrow and/or Take Additional Local Funding. • Fiscal Impact: Eight per cent of the total amount of property tax for the City of Atascadero, which is estimated between $600,000 — $800 000 ■ Recommendation. Council approve the Draft Resolution opposing proposals by the State to borrow and/or take additional local funding potentially resulting in the need to declare a local fiscal hardship for the City [City Manager) City Manager Wade McKinney gave the staff report and answered questions of Council PUBLIC COMMENT None MOTION By Mayor Beraud and seconded by Mayor Pro Tem Fonzi to approve the Draft Resolution opposing proposals by the State to borrow and/or take additional local funding potentially resulting in the need to declare a local fiscal hardship for the City, and staff to prepare Resolution for all Council Members' signatures (Resolution No. 2009-042) Motion passed 5.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Kelley asked Police Chief Mulhall to explain the City's recent purchase of AED machines (portable defibrillator machines) Chief Mulhall shared that the Police Department is purchasing 17 AED machines using grant funds The AED will be placed in all police cars The grant funding also covers all the training required for those employees who might be required to use them in the case of an emergency Mayor Pro Tem Fonzi stated that Ernie Porter, a longtime resident and veteran of World War II is being honored by the Governor as a deserving veteran and will be receiving a certificate from the Governor for his service Mayor Beraud stated that the North County Energy Town Hall meeting hosted by the Sierra Club was last Wednesday It was the best attended Energy Town Hall meeting of the 3 meetings that hosted within the County D COMMITTEE REPORTS Council Member O'Malley Economic Vitality Corporation, Board of Directors (EVC) — Council Member Kelley joined Council Member O'Malley at the Special Board Meeting where the speaker was Dr Bill Watkins of the UCSB Economic Forecast project. CC Draft Minutes of 05/12/09 Page 11 of 12 21 ITEM NUMBER A- 1 DATE 6/09/09 SLO Council of Governments Vice President (SLOCOG) 14 r Council Member O'Malley will be attending an Executive Committee Meeting tomorrow SLO Regional Transit Authority Vice President (SLORTA) CalTrans statewide is considering changing the way they construct medians and barriers on freeways and overpasses Some of these changes improve safety and drainage, and some may cause the removal of a tremendous amount of vegetation Central Coast Regional Water Quality Control Board, Member (RWQCB) Council Member O'Malley attended his first meeting last week. He said he gained a lot on insight as he reviewed other cities' management plans He supports an organization called Low Impact Design that is working out of the Regional Water Quality Control Board office in San Luis Obispo, represented by Dr Inglis. Council Member O'Malley asked her to come to Atascadero and make a presentation and meet with our staff E. INDIVIDUAL DETERMINATION AND/OR ACTION Council Member O'Malley Homeless Services Governing Board Council Member O'Malley announced that the Board has decided to hire an Executive Director and the Board of Supervisors is asking all members to contribute to the salary He said that Atascadero is going to be asked to contribute $6,835 00, and stated that he is outraged by this request. Mayor Beraud said that she was unable to attend the last meeting and had not heard this information. Mayor Beraud appointed Council Member O'Malley as her alternate so that he can attend in her absence in the future F ADJOURNMENT Mayor Beraud adjourned the meeting at 10.20p m to the next regularly scheduled meeting of the City Council MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk CC Draft Minutes of 05/12/09 Page 12 of 12 22 ITEM NUMBER A- 1 DATE. 07/14/09 0 romp ` r F.- if i's� r r 'ate CITY OF A TA SCA DERO CITY COUNCIL DRAFT MINUTES Tuesday, June 9, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California Redevelopment Agency Closed Session 5:30 P M Redevelopment Agency- 6:00 P.M City Council Immediately following the conclusion of the Redevelopment Agency meeting REDEVELOPMENT AGENCY CLOSED SESSION 5 30 P M. REDEVELOPMENT AGENCY 6.00 P M. REGULAR SESSION Immediately following the conclusion of the Redevelopment Agency meeting Mayor Beraud called the meeting to order at 6 17 p m and Council Member O'Malley led the Pledge of Allegiance 9 ROLL CALL. Present: Council Members Clay, O'Malley, Kelley, Fonzi and Mayor Beraud Absent: None Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Police Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA. Mayor Beraud suggested moving Item #C-1 to be before the consideration of the Budget (#B-4) MOTION By Council Member O'Malley and seconded by Council Member Kelley to approve the agenda, with the suggested amendment. Motion passed 5.0 by a roll-call vote. PRESENTATIONS. 1 Employee Service Awards The following employees received a service award Five Years of Service Jeri Corgill, Accounting Specialist Timm Cleaver, Wastewater Operator II Wyatt Kasfeldt, Police Officer Ten Years of Service Tiffany Ayles (Unable To Attend), Police Sergeant Kelly Arebalo (Unable To Attend), Support Services Technician Warren Frace, Community Development Director Fifteen Years of Service Ann Hochstetler, Support Services Lead Technician Brady Cherry, Community Services Director 10 A. CONSENT CALENDAR 1 City Council Meeting Draft Minutes— May 12, 2009 ■ Recommendation. Council approve the City Council Meeting Draft Minutes of May 12, 2009 [City Clerk] 2. Amendment of Section 3-5.105 of the Atascadero Municipal Code pertaining to Cardrooms - 2" Reading ■ Fiscal Impact: None ■ Recommendation. Council adopt on second reading, by title only, the Draft Ordinance amending Section 3-5 105 of the Atascadero Municipal Code to clarify the number of card tables that may be licensed within the City [City Attorney] 3. Alcoholic Beverage Control License for On-site Wine Tasting - PLN 2009-1330-8200 EI Camino Real (New Albertson's Inc.) ■ Fiscal Impact: None ■ Recommendations. Council adopt Resolution A finding that public convenience or necessity would be served by allowing the issuance of a Type 42 license for on-site wine tasting at Albertson's located at 8200 EI Camino Real. [Community Development] 4 Memorandums of Understanding for Atascadero Police Association, Service Employees International Union Local 620, Mid-Management/ Professional Employees Association and Resolution for Non- Represented Professional and Management Workers and Confidential Employees ■ Fiscal Impact: The impact of the MOUs, Draft Resolution and side letter are included in the annual budget being presented to the City Council this evening ■ Recommendations. Council 1 Approve Memorandums of Understanding and a Draft Resolution, authorizing salaries and benefits for the above-named employee groups and direct the Personnel Officer to make corresponding changes to the salary schedule, and 2 Accept the side letter from the Atascadero Professional Firefighters Association (APFA) Local 3600 regarding a voluntary deferral of negotiated wage increases and call-out pay [City Manager] 5 Parking & Business Improvement Area (PBIA) Assessment ■ Description. The annual PBIA assessment is imposed on downtown businesses for improvements in the downtown ■ Fiscal Impact: The City receives approximately $10,500 annually from the Downtown Parking and Business Improvement Area assessments ■ Recommendation. Council adopt the Draft Resolution of Intention, declaring intent to levy annual Downtown Parking & Business Improvement Area assessment, and set a public hearing for June 23, 2009 [City Manager] 11 6 Proposition 1 B Safety and Security Grant Agreement ■ Fiscal Impact: None Recommendation. Council approve the attached Draft Resolution , authorizing the City Manager and Director of Administrative Services to execute documents necessary for the purpose of obtaining financial assistance provided by the Governor's Office of Homeland Security [Public Works] 7 Temporary Road Closure - Atascadero Main Street - Atascadero Bandstand and Beerfest ■ Fiscal Impact: No net fiscal impact to the General Fund as the road closure fee covers the cost of installing the Road Closed signs ■ Recommendation. Council adopt the Draft Resolution approving a request by Atascadero Main Street for a road closure for the Atascadero Bandstand and Beerfest and establishment of tow-away zones on July 11, 2009 from 7 00 a.m to 1000 p m [Public Works] 8. Temporary Road Closure - Atascadero Main Street - Summer Street Fair and Farmers' Market • Fiscal Impact: No net fiscal impacts to the General Fund as road closure fees cover the cost of installing the Road Closed signs • Recommendation. Council adopt the Draft Resolution approving a request by Atascadero Main Street for a road closure for the Summer Street Fair and Farmers' Market and establishment of tow-away zones every Wednesday from 3 00 p m to 9.00 p m from June 17th to August 26, 2009 [Public Works] w 9 Edward Byrne Memorial Justice Assistance Grant ® Fiscal Impact: Receipt and expenditure of $11,220 00 in federal criminal justice grants funds • Recommendation. Council approve the second Police Department submission of an application to the U S Department of Justice for federal criminal justice funding through the Justice Assistance Grant (JAG) with an award of $11,220 00 [Police] Citizen Mike Brennler pulled Item #A-4 MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to approve Items #A-1, 2, 3, 5, 6, 7, 8, and 9. Motion passed 5.0 by a roll-call vote. (#A-2: Ordinance No. 540, #A-3 Resolution No. 2009-047, #A-5 Resolution No. 2009- 049, #A-6 Resolution No. 2009-050, #A-7 Resolution No. 2009- 051, #A-8. Resolution No. 2009-052) Item #4 Mike Brennler asked if the City Manager still has a one year severance package, and if the management team is taking a 3% salary reduction and also adding 62 hours of administrative leave *000 12 City Manager Wade McKinney stated that there is no change to the severance provisions He also explained that there is a 3% reduction to salary for the management team and 62 hours were furloughed This is a $45,000 cash savings per year to the City They are not paid for those hours and they cannot cash them in MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to approve Consent Calendar Item #4 Motion passed 5:0 by a roll-call vote. (Contract No. 2009-011, Contract No. 2009-012, Contract No. 2009-013, Resolution No. 2009-048) UPDATES FROM THE CITY MANAGER Community Development Director Warren Frace gave the City Council an update on the following Groundwater Resources in the North County Staff became aware that the County Planning Commission is considering this item at a hearing this Thursday that City Staff will be attending The County Staff is recommending that there be a declaration of a Level 3 Resource Severity Determination for what's considered the Atascadero Groundwater Basin, which is part of the larger Paso Robles Groundwater Basin. The Atascadero Groundwater Basin is distinct in that it is separated by a geological formation so it operates independent from the Paso Robles Groundwater Basin The County has conducted a new study which made some assumptions and concluded that there is a groundwater problem. City Staff will be attending the County Planning Commission meeting and will ask them to continue the item as our opinion is that it is premature to be making any determinations at this point. WalMart/Annex Shopping Center Projects Staff continues to coordinate and work with the applicant project team to move these projects forward Staff has scheduled a kick-off meeting with our EIR consultant for June 24th which will formally initiate the EIR process One of the key steps in the EIR process is the public scoping where the City holds a hearing with the Planning Commission and City Council and allow the public to raise any issues they feel need to be addressed in the EIR. This should occur sometime this year in August. COMMUNITY FORUM Robert Campbell, member of the Atascadero Ministerial Association, led the meeting in prayer Joan O'Keefe told the Council that the back taxes owed on the Printery is currently $57,000 00 She stated that the City has not been a good steward of the Printery David Broadwater stated that he is aware of a meeting at the Carlton last Thursday with a representative of the League of California Cities and was told that four Council Members attended He asked why this is not a violation of the Brown Act. Jim Shannon stated that he supports the City's purchase of Stadium Park for $200,000 00 because this purchase will benefit the entire community His concern with 13 circ= urchase of the property on Highway 41 last year was that it was $100,000 00, less thae r a quarter acre, and basically a drainage ditch Lee Perkins asked for an update on Colony Square Also, she shared her concerns -me about homelessness in the community Chuck Ward shared with the Council the recent events that have been conducted at the Veterans' Memorial Karen Sturtevant stated the budget concerns are a top priority She asked Atascadero citizens to be cautious about wasting City staff's time with non-productive activities Steve Martin, Main Street Executive Director, shared good news with the City Council, detailing upcoming events in the Downtown Mayor Beraud closed the COMMUNITY FORUM period. City Manager Wade McKinney stated the Printery is scheduled for the Council's Closed Session on June 23, 2009 City Attorney Brian Pierik explained that the City Council may attend an open and public meeting even if the topic of the meeting is of local concern The meeting at the Carlton was posted at City Hall and the City Manager was on the radio the day of the meeting inviting the public to attend Mr McKinney stated that there is no update to report on Colony Square As soon as there is new information to report, he said he will do so B PUBLIC HEARINGS 1 Apple Valley Assessment Districts ■ Ex Parte Communications ■ Fiscal Impact: Annual assessments for 2009/2010 will total $35,889 for road/drainage system maintenance and $16,670 for landscape and lighting maintenance These amounts will be assessed to the owners of parcels in Apple Valley ■ Recommendations. Council 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No 01 — Apple Valley, and the levy and collection of annual assessments related thereto for fiscal year 2009/2010 2 Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No 01 — Apple Valley 3 Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No 01 — Apple Valley, and the levy and collection of annual assessments related thereto in fiscal year 2009/2010 4 Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No 01 —Apple Valley [Administrative Services] 14 Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council fir►° Ex Parte Communications None PUBLIC COMMENT None MOTION By Mayor B6raud and seconded by Mayor Pro Tem Fonzi to 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 01 — Apple Valley, and the levy and collection of annual assessments related thereto for fiscal year 2009/2010; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No 01 — Apple Valley; and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 01 — Apple Valley, and the levy and collection of annual assessments related thereto in fiscal year 2009/2010; and, 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No. 01 —Apple Valley Motion passed 5.0 by a roll-call vote. (#1 Resolution No. err 2009-053, #2: Resolution No. 2009-054, #3 Resolution No. 2009-055, #4 Resolution No. 2009-056) 2. De Anza Estates Assessment Districts ■ Ex Parte Communications ■ Fiscal Impact: Annual assessments for 2009/2010 will total $35,454 for road/drainage system maintenance and $21,316 for landscape and lighting maintenance These amounts will be assessed to the owners of parcels in De Anza Estates The General Fund will contribute $840 for half of the maintenance costs of the trails • Recommendations. Council 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No 03 — De Anza Estates, and the levy and collection of annual assessments related thereto for fiscal year 2009/2010 2 Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No 03 — De Anza Estates 3 Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No 03 — De Anza Estates, and the levy and collection of annual assessments related ;%W: thereto in fiscal year 2009/2010 15 4 Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No 03 — De Anza Estates [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council Ex Parte Communications None PUBLIC COMMENT None MOTION By Mayor Beraud and seconded by Mayor Pro Tem Fonzi to 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 03 — De Anza Estates, and the levy and collection of annual assessments related thereto for fiscal year 2009/2010, and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No. 03 — De Anza Estates, and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No 03 — De Anza Estates, and the levy and collection of annual assessments related thereto in fiscal year 2009/2010; and, 4 Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No. 03 — De Anza Estates. Motion passed 5:0 by a roll-call vote. (#1 Resolution No. 2009-057, #2. Resolution No. 2009-058, #3 Resolution No. 2009-059, #4 Resolution No. 2009-060) 3. Woodridge (Las Lomas) Assessment Districts ■ Ex Parte Communications ■ Fiscal Impact: Annual assessments for 2009/2010 will total $20,407 for road/drainage system maintenance and $78,443 for landscape and lighting maintenance These amounts will be assessed to the owners of parcels in Woodridge The City General Fund will contribute $5,080 toward the cost of the trails • Recommendations. Council 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No 02 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2009/2010 2 Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No 02 —Woodridge (Las Lomas) 3 Adopt Draft Resolution C approving the final Engineer's Report ; 40001 regarding the Landscaping and Lighting District No 02 — Woodridge 16 (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year 2009/2010 4 Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No 02 —Woodridge (Las Lomas) [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council Ex Parte Communications None PUBLIC COMMENT None MOTION By Mayor Beraud and seconded by Mayor Pro Tem Fonzi to 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 02 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2009/2010, and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No. 02 — Woodridge (Las Lomas), and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No 02 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year 2009/2010; and, 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No. 02—Woodridge (Las Lomas). Motion passed 5.0 by a roll-call vote. (#1 Resolution No. 2009-061, #2- Resolution No. 2009-062, #3 Resolution No. 2009-063, #4 Resolution No. 2009-064) C MANAGEMENT REPORTS 1 Renewal of Contract with AGP Video, Authorization to Adopt State Video Services Franchise Agreement and Impose PEG Fees, and Modifications to Existing Broadcast Services ■ Fiscal Impact: The total cost of the contract as recommended is $24,240 The 2009-11 Budget has reduced the amount available for video broadcasting and streaming by $20,000 Should the Council wish to continue all services, other programs will need to be reduced ■ Recommendations, Council 1 Authorize the City Manager to enter into a two-year contract with AGP Video of Morro Bay to provide broadcasting and channel management %W services for the City's cable channel, and, 2 Direct staff to prepare an ordinance relinquishing the local franchise agreement between the City of Atascadero and Charter 17 Communications in lieu of adopting the State video services franchise and negotiate a side letter between Charter Communications and the City of Atascadero, and, 3 Direct staff to prepare an ordinance imposing a Public Education Government Access Fee on Cable subscribers of up to 1% of revenues received from cable television services, and, 4 Discontinue archiving of video of meetings via the Internet (audio and video streaming and audio archiving will continue), and, 5 Discontinue broadcasting of Planning Commission meetings [City Manager] Assistant City Manager Jim Lewis gave the staff report and answered questions of Council PUBLIC COMMENT Joan O'Keefe asked the Council to support the continuation of video archiving Marty Brown stated she doesn't have cable TV and keeps up on current events on her computer She asked the Council to continue the video archiving to assure public access Len Colamarino said that he was disappointed in staff's recommendations on this item He urged the Council to continue the video streaming and archiving Bruce Bevins stated that he understands from the staff report that the PEG fees would allow the City to continue with the same level of service at a cost savings If that is true, +'` he supports those recommendations He did say that he would be disappointed is the ity discontinued the archiving and streaming of the meeting videos Lee Perkins urged the Council to find the least expensive way to maintain the current video services Jim Shannon suggested the City adopt the PEG fees and keep the level of service we now have David Broadwater submitted a written statement and said that he supports staff recommendations 1, 2, & 3 He urged the Council to continue the current level of service concerning the archiving and streaming of the meeting videos (Exhibit A) Steve LaSalle urged the Council to maintain the current level of service Chuck Ward warned the Council that it will be difficult for the City to go into the video business by purchasing cameras and videotaping meetings He urged the Council to listen to the City staff and reduce the City's costs Mike Brennler stated he feels videotaping public meetings is vital to keeping the public informed He urged the Council to continue the current level of video services Tom Johnson suggested the Council continue the City's video services at current level 18 Nancy Castle reviewed AGP's charges and offered the City Council additional cost savings, and discussed several options Mayor Beraud closed the Public Comment period. There was Council discussion on this issue Council Member Clay said that in 2007, when the City budget was in a better condition, all Council Members supported the idea of videotaping Council and Planning Commission meetings, and the archiving and streaming of the meetings Now in 2009, the City's budget situation is strained and as a result, he cannot support continuing the video archiving and streaming Council Member Clay also said that he is not in favor of the PEG program MOTION By Council Member O'Malley and seconded by Mayor Beraud to 1 Authorize the City Manager to enter into a two-year contract with AGP Video of Morro Bay to provide broadcasting and channel management services for the City's cable channel, and, 2. Direct staff to prepare an ordinance relinquishing the local franchise agreement between the City of Atascadero and Charter Communications in lieu of adopting the State video services franchise and negotiate a side letter between Charter Communications and the City of Atascadero, and, 3. Direct staff to prepare an ordinance imposing a Public Education Government Access Fee on Cable subscribers of up to 1% of revenues received from cable television services, and, 4 Continue archiving of video of meetings via the Internet (audio and video streaming and audio archiving will continue), and, 5. Continue broadcasting of Planning Commission meetings. Motion passed 4 1 by a roll-call vote. (Clay opposed) (#1 Contract No. 2009-014) There was Council consensus to direct staff to minimize the number of Planning Commission meetings whenever possible to reduce video costs. Mayor Beraud recessed the meeting at 8:33 p.m. Mayor Beraud reconvened the meeting at 8:45 p.m. B PUBLIC HEARINGS 4 2009-2011 Operating and Capital Budget ■ Fiscal Impact: The total revenues are budgeted at $31,939,630 and *,w„ $39,737,850 for fiscal years 2009-2010 and 2010-2011 respectively Total expenditures are budgeted at $33,354,820 and $41,622,390 for fiscal years 2009-2010 and 2010-2011 respectively 19 • Recommendations. Council 1 Adopt Draft Resolution of the City Council of the City of Atascadero adopting the budgets for the 2009-2010 and 2010-2011 fiscal years and delegating to the City Manager the authority to implement same, and, 2 Adopt Draft Resolution of the City Council of the City of Atascadero amending fiscal year 2008-2009 budget; and 3 Adopt Draft Resolution of the City Council of the City of Atascadero adopting the fiscal year 2009-2010 annual spending limit. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council Mayor Beraud brought up the request by the Task Force to End Homelessness for the cities in SLO County to support the 10-year plan to end homelessness in our community by contributing to the salary of an Executive Director for their program She suggested the City Council consider using the housing in lieu monies to fulfill this request. There was no support from the other Council Members for Mayor Beraud's request. PUBLIC COMMENT David Bentz submitted a prepared statement and gave the Council suggestions for amendments to the proposed budget. (Exhibit B) Ray Belle Gambs stated she is in attendance to speak about the homeless problem She hopes this Council will do more than what we already do in this City concerning the homeless Mayor Beraud closed the Public Comment period. MOTION By Council Member O'Malley and seconded Council Member Clay to 1 Adopt Draft Resolution of the City Council of the City of Atascadero adopting the budgets for the 2009-2010 and 2010-2011 fiscal years and delegating to the City Manager the authority to implement same; and, 2. Adopt Draft Resolution of the City Council of the City of Atascadero amending fiscal year 2008-2009 budget; and 3. Adopt Draft Resolution of the City Council of the City of Atascadero adopting the fiscal year 2009-2010 annual spending limit. Motion passed 5.0 by a roll-call vote. (#1 Resolution No. 2009-065, #2. Resolution No. 2009-066, #3 Resolution No. 2009-067) 1001 20 C MANAGEMENT REPORTS 2. Ballot Measure for Mosquito, Vector and Disease Control Assessment ■ Fiscal Impact: In 2009-10 the proposed assessment for the City of Atascadero is $630.50 The assessment will continue in future years and may be adjusted annually, based on the change in the Los Angeles Area Consumer Price Index, not to exceed 3% per year ■ Recommendation Council give staff direction on how the City, as a property owner, should vote on its Official Assessment Ballot for Mosquito, Vector and Disease Control Assessment by the San Luis Obispo County Mosquito and Vector Control Program [City Manager] Assistant to the City Manager Marcia McClure Torgerson gave a brief staff report and introduced Laurie Salo from the County Department of Environmental Health who gave a presentation, and answered questions of the Council PUBLIC COMMENT Ron Walters stated that he doesn't see that the North County has a problem with mosquitoes He feels the County should fund this program instead of expecting property owners to fund the program Joyce Frag, Paso Robles resident, expressed her concerns with this proposed program Sandy Jack read from an article written by former County Board of Supervisor Peg Pinard, expressing her concerns with the formation of a new program which will add to the County's costs Joanne Switzer explained why she is opposed to this program and assessment and she urged the Council to vote no Bruce Bevins stated he feels this is a low cost for the control of mosquitoes, and urged the Council to vote yes Al Fonzi stated that governments need to learn to live within their means He urged the Council to vote no on the City's ballots Mayor Beraud closed the Public Comment period. MOTION By Council Member O'Malley and seconded by Council Member Kelley to direct staff to vote NO on the City's Official Assessment Ballots for Mosquito, Vector and Disease Control Assessment by the San Luis Obispo County Mosquito and Vector Control Program, Motion passed 5.0 by a roll-call vote. 21 �,C,;UNGIL ANNOUNCEMENTS AND REPORTS None C, COMMITTEE REPORTS Mayor Pro Tem Fonzi Air Pollution Control District — They talked about budget at last meeting, they will be coming to the cities in the future for financial assistance Council Member O'Malley SLO Council of Governments (SLOCOG) & SLO Regional Transit Authority (SLORTA) — meeting is tomorrow Some items on the Agenda are 1 The Revised Population Employment Projections up to 2035 2 Supporting Funds for Expansion of the Santa Maria Bridge 3 AB 811 Central Coast Regional Water Quality Control Board (RWQCB) — attended his second meeting Council Member O'Malley asked that the Council schedule some time to review some of the topics being discussed at the RWQCB E. INDIVIDUAL DETERMINATION AND/OR ACTION Council Member Clay stated that he has been on the Council for thirteen years and all Council Members and the Planning Commissioners are very aware of the Brown Act. They avoid making Brown Act violations and it bothers him that a member of the public continues to question the Council about their compliance with the Brown Act. P ADJOURNMENT Mayor Beraud adjourned the meeting at 10 17 p m MINUTES PREPARED BY -irc�a McClure Torgerson, C M C '�ierk/Assistant to the City Manager The following exhibit is available for review in the City Clerk's office. Exhibit A— Prepared statement by David Broadwater Exhibit B—Prepared statement by David Bentz 22 ITEM NUMBER A-2 DATE. 07/14/09 0 1918 ■ 11 8 A tascadero City Council Staff Report - Community Services Department Street Closure Request Movies in the Park 2009 RECOMMENDATION Council adopt the Draft Resolution establishing a temporary tow-away zone and street closure for a portion of Palma Avenue on four Saturdays 8/1/09, 8/8/09, 8/15/09, 8/22/09 for the Movies in the Park 2009 Series DISCUSSION Background. City Staff submitted a Street Closure Request Form to close Palma Avenue from East Mall to West Mall on four Saturdays, August 1 through August 22, 2009 from 5 p m until 11 p m for Movies in the Park at the Sunken Gardens. Analysis. City Staff has reviewed the submitted Street Closure Request and recommends approval with the following conditions. 1 Proper traffic controls must be maintained throughout the duration of the event. City Staff will set up the required traffic control devices as indicated on the attached map 2 Emergency vehicle access is required at all times. City Staff is responsible to ensure that individuals are assigned to remove the barricades to provide emergency vehicle access 3 City Staff is responsible for removing trash generated in the area of the road closure 4 City Staff is responsible to remove all traffic controls immediately following the event. Conclusion. Staff recommends that the City Council approve a request by City Staff to close the portion of Palma Avenue from East Mall to West Mall on four Saturdays from 8/1/09-8/22/09 for the Movies in the Park. 23 FISCAL IMPACT The cost of staff time to close the streets is approximately $800 in budgeted funds ALTERNATIVE Council could deny the Street Closure Request. ATTACHMENTS Street Closure Map Draft Resolution 24 El Camino Real Sunken Gardens ry R cmu u+ m Palma.Ave. Psrrt�ble ,test Rooms Traslm City Hall Lewis Ave. NOW 25 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADER09 CALIFORNIA ESTABLISHING A TEMPORARY TOW-AWAY ZONE AND STREET CLOSURE BE IT RESOLVED by the City Council of the City of Atascadero that the following street will be closed at the times indicated and that a tow-away zone will be established during the hours of closure for use by the City of Atascadero, Movies in the Park: 5:00 P.M. — 11.00 P.M. August 1, 8, 15, & 22, 2009 Palma Avenue from West Mall to East Mall PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held on the 14th of July, 2009 ATTEST CITY OF ATASCADERO Marcia McClure Torgerson, City Clerk Ellen Beraud, Mayor APPROVED AS TO FORM. Brian A. Pierik, City Attorney 26 ITEM NUMBER A-3 DATE. 07/14/09 ■ ■' ■ ■ 1g1g 0 1979 A tascadero City Council Staff Report - Community Services Department Cafe& Concession Agreement Approval for the Colony Park Community Center and Amendment of the Alcohol Policy at the Community Center RECOMMENDATIONS- Council 1 Authorize the City Manager to execute a two-year contract with extension provisions for the Cafe and food services for the Colony Park Community Center with NCI Affiliates, Inc. (NCI, Inc ), effective upon execution of the contract through August 1, 2011, and, 2. Approve the revision (attached) to the Colony Park alcohol policy to allow alcohol to be served for special events at the facility DISCUSSION Background: LeBoeuf's BBQ ceased cafe operations at the Colony Park Community Center in March, 2009 The staff began a search for a replacement business to operate the cafe concession. The staff has selected NCI Affliates (NCI, Inc.) to operate the cafe The City of Atascadero will be creating a partnership with NCI, Inc., a local non-profit organization, to operate the cafe at the Colony Park Community Center The business will operate a snack bar and provide some catering services to rental groups. There is a community benefit to having a cafe in the Community Center, and the availability of a restaurant enhances the facility for participants and renters of the building. A competitive selection process was used to ultimately select the concessionaire A RFP process was used to obtain proposals for the cafe/concession operations City staff reviewed the proposal and selected NCI, based upon their past restaurant background and a history of services to the community They will run both the cafe and some catering businesses out of the Community Center Renters of the facility will not be required to use NCI for special events Outside commercial catering companies will be permitted under the new agreement. As part of the new cafe operation, the staff is recommending that the facilities alcohol policies be amended Currently there is a "no alcohol" policy at the Community Center 27 This policy was put into place originally because many people considered the facility a youth center This is not the case, as the facility actually functions as a Community Center for all ages In fact, many potential renters and community groups, such as the Chamber of Commerce, would like to use the facility for their events, but have not done so because of the no alcohol policy Staff is recommending that the no alcohol policy be amended to allow alcohol to be served in conjunction with special events and rental activities No alcohol will be served between 3-OOpm to 5 OOpm during the school year, when the Teen Center is normally fully occupied Analysis. After reviewing their proposal for the cafe business and meeting with the representatives, the staff felt that NCI Affiliates (NCI) will serve the needs for a cafe operator for the Community Center FISCAL IMPACT The City will collect $300 per month rental fee for the cafe for the first two years of the agreement. After two years, if the Contract is extended by mutual agreement, the monthly rent will increase to $500 per month, and the City will share in the catering activities by obtaining 5% of the gross sales for on-site catering Amending the no alcohol policy at the Community Center to allow alcohol to be served and special events will help increase rental activity at the facility ATTACHMENTS A. Cafe and Concession Contract B Revised Alcohol Policy 28 Attachment A City of Atascadero v11rw� e n ' 1918 a e Department of Community Services AGREEMENT FOR SERVICES BY CONTRACTOR COLONY PARK COMMUNITY CENTER CAFE AND CONCESSION OPERATION This Agreement is made upon the date of execution, as set forth below, by and between NCI Affliates, Inc and Achievement House, a corporation, hereinafter referred to as "Contractor," and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as the "City" The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions 10 GENERAL PROVISIONS 101 TERM. This Agreement will become effective on the date of execution by the City, set forth below, and will continue in effect until terminated as provided herein. 102 LOCATION The premises of operation is Atascadero's Colony Park Community Center, 5599 Traffic Way, Atascadero, California, including the cafe, kitchen facilities, enclosed patio and any additions and improvements to the Community Center premises (the "Premises") 103 SERVICES TO BE PERFORMED BY CONTRACTOR. Contractor agrees to perform and/or provide all food catering services at the Premnses in a business-like manner to the satisfaction of the Department of Community Services. The City and Contractor agree that Contractor will not be the exclusive commercial caterer for hire for all events at Atascadero's Colony Park Community Center In addition to catering services provided by Contractor, other catering businesses may be hired for a fee by a renters using the facility Use of the kitchen by outside caterers will be allowed in cooperation with the Contractor, and at their discretion. Contractor shall determine the method, details, and means of performing the above-referenced services so long as the method, details, and means of perform mg selected by the Contractor comply with all applicable statutes, ordinances, and regulations. Contractor may use the Community Center Cafe and kitchen facilities for preparing and catering food for either public or private events, both at the Premises and off the Premises 29 Contractor may at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by w this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services 104 RENT AND GROSS SALES RECEIPTS In consideration for this Agreement, Contractor will pay the City on a monthly basis as follows (1) a flat monthly rental fee of $300 for the first two (2) years, Plus 5% of any gross revenues fron on-site catering services, in year three and four of the contract, a flat monthly rental fee of $500, PLUS 5% of total gross earnings from catering services on-site at the Community Center, and food prepared on-site at the Community Center for off-site catering. Gross earnings shall not include any sales or excise taxes imposed by any governmental entity Contractor shall make monthly payments to the City of Atascadero by the tenth day of each month Contractor must submit monthly payments to the City of Atascadero, ATTN Community Center, 6907 El Camino Real, Atascadero California. The City will consider monthly payments received from the eleventh of each month to the twenty-fifth of each month to be delinquent and will assess a 10% penalty Payments received after the twenty-fifth of each month will be assessed an additional 10% penalty Failure by Contractor to tender payment to the City within 30 days of any Iwo payment so due, shall be sufficient cause for the City to terminate this Agreement. 105 SUBLEASE. Contractor shall not sublease or otherwise convey any interest of any sort granted by this Agreement to any person or persons whatsoever without prior written consent and approval by the City 106 RECORDS AND ACCOUNTS Contractor shall keep true and accurate books and records showing all of its business transactions in separate records of account for the catering operation, in a manner acceptable to the City The City shall have the right, through its representatives, and at all reasonable times, to inspect such books and records, including State of California sales tax records. The City may require Contractor, at its expense, to have its records and accounts audited by an auditor acceptable to the City and shall present said audit to the Director of Community Services within 30 days after the completion of the audit. If Contractor fails to provide the required audit, the City shall contract to have an audit performed at Contractor's expense. 30 107 CONDITIONS OF PREMISES Contractor's execution of and performance of services under this Agreement shall constitute Contractor's acknowledgment that the Premises are in good and tenable condition. Contractor agrees to accept the Premises, and any existing additions and improvements thereto, "as is"in the present existing condition. Contractor may modify the Premises only with prior written approval by the Director of Community Services (or designee) Any plans for such modification, shall be submitted to the City for approval prior to the commencement of any modification. Any modification by Contractor shall be without cost to the City and shall be subject to the indemnification provisions set forth in section 2.11 108 SIGNS All signs, names or placards must be approved by the Director of Community Developemnt (or designee) prior to installation. All signs must meet all requirements and specifications as set forth by the City The locations of all signs must be approved in advance by the Director of Community Services (or designee) and must conform to all sign regulations set forth in City ordinances. 109 DAMAGE TO/DESTRUCTION OF PREMISES Should the Premises be totally or partially damaged or destroyed, the City shall repair the same in a reasonable time frame depending upon the extent and cost of the damage, except that the City is not obligated to make such repairs, and the City may "" decide to terminate this Agreement. If the Premises are totally or partially damaged or destroyed as a result of actions by Contractor and/or its employees and agents, the Contractor shall be obligated to make such repairs Nothing in this section affects or diminishes Contractor's indemnification obligations set forth in section 2.11 Any notice of termination given here shall be given to Contractor within 15 days after City determines the period of time required for and the estimated cost of such repair or restoration. 2 0 OBLIGATIONS OF CONTRACTOR 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR. Contractor agrees to devote the hours necessary to perform the services set forth in this Agreement in an efficient and effective manner The Contractor shall be open a minimum of five days per week. Contractor may represent, perform services for, and be employed by additional individuals or entities, at Contractor's sole discretion, as long as the performance of these extra- contractual services does not interfere or conflict with Contractor's obligations under this Agreement. 2.02 HOURS OF OPERATION Hours of operation to be established by Contractor upon mutual agreement with the Director of Community Services (or designee) 31 2.03 PERMITS Contractor is required to provide City, prior to commencement of operation of cafe business, a copy of a City Business License, a San Luis Obispo County Health Department permit for food sales, and a Board of Equalization Certificate A request for permission to sell liquor will be considered by the City Council, and may or may not be granted. Contractor acknowledges that the City has discretion to grant or deny permission to sell liquor on the Premises Contractor does not assume that any such request will be approved and, in executing this Agreement, is not relying on any oral or written statements by any person regarding the sale of liquor on the Premises 2.04 TAXES Contractor agrees to pay all lawful taxes, assessments or charges which may be levied by government entities. 2.05 FACILITIES a. Kitchen. Contractor shall have a right to use the Community Center kitchen and all City- owned appliances and equipment within the kitchen area so long as the kitchen has not been reserved for use by the City of Atascadero If Contractor wishes to use the Community Center's other spaces (rooms), tables, chairs and other rental equipment to perform its services, it must request permission in advance from the Community Center supervisor, and all normal rental fees shall apply Contractor shall notify the Center supervisor as soon as possible when Contractor needs to reserve the cafe for events not open to the public Outside caterers may use the kitchen in cooperation with the Contractor for event wrrr serving/preparation only at the discretion of the Contractor b Cafe. Contractor, at its own expense, shall completely equip the Community Center cafe and keep all equipment in a first class manner to the satisfaction of the Director of Community Services (or designee) throughout the term of this Agreement. Any City owned equipment in the kitchen damaged by the contractor shall be replaced byteh contract with the same equipment or equal to be approved by the City c Ice Cream/Food Cart: Contractor may use an ice cream/food cart in Colony Park, weather permitting. Care shall be taken not to interfere with Atascadero Girl's Softball snack bar business when open. d. Equipment, Tools, and Instrumentalities Contractor shall provide, at its own expense, all equipment, tools, and instrumentalities to perform the services under this Agreement. 32 e Storage. Contractor may only store its equipment, tools, and instrumentalities in an area approved by the Director of Community Services (or designee) The Director of Community Services (or designee) may allow storage of the Contractor's equipment, tools, and instrumentalities in the Community Center kitchen if there is available space, as determined by the Community Center Supervisor Contractor is responsible for returning all equipment, tools, and instrumentalities to their proper place after catering events and performing services under the Agreement. Neither the City nor Community Center staff is responsible for items left out after an event. f Loss and Theft: The City is not responsible for damage to, theft of, or loss of any equipment, tools, and/or instrumentalities owned and/or rented by Contractor, whether by fire, theft or other cause. Contracotr must obtain its own insurance to cover any such losses that may occur 2 06 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES The City has the right to inspect and approve the prices and rates of goods sold upon the Premises Contractor may only sell items that have been agreed upon through mutual consent between the Contractor and the City The City reserves the right to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise deemed necessary for proper service to the public Contractor shall post rates and prices of all items in such places as designated by the City 2.07 SECURITY/COMMUNICATIONS Contractor agrees to provide telephone services to the Community Center cafe throughout the duration of this Agreement at Contractor's expense Security Alarm services are to be provided by the City 2 08 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents have no right to Worker's Compensation and other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide Worker's Compensation and other employee benefits, where required by law, for Contractor's employees and agents Contractor agrees to hold harmless, indemnify, and defend City for any and all claims arising out of any claim for injury, disability, or death of and any of Contractor's employees or agents. 33 209 INDEMNIFICATION Contractor agrees to indemnify, defend, protect and hold harmless City from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, Judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively, "Claims"), which City may suffer or incur or to which City may become subject by reason of or ansing out of the negligent or willfully wrongful acts or omissions of Contractor, its officers, employees, or agents committed in performing services under this Agreement. For purposes of this section, "City" includes City's officers, officials, employees, agents, and volunteers. The provisions of this section do not apply to Claims occurring as a result of the City's sole negligence or willful acts or omissions. The insurance required to be maintained by Contractor under this Agreement is intended to ensure Contractor's obligations under this section, but the limits of such insurance do not limit the liability of Contractor The provisions of this section will survive the expiration or earlier termination of this Agreement. 210 INSURANCE Contractor shall not commence work under this contract until he/she has obtained all insurance required and specified in Exhibit A attached to this Agreement. Such insurance must be approved by City as to form, amount and carrier The City shall be listed as an additional insured in Contractor's insurance. 2.11 CONTRACTOR'S MAINTENANCE Except as otherwise provided in this Agreement, Contractor, at its own cost and expense agrees a. To maintain, throughout the Agreement term, in good sanitary order, condition, and repair, all portions of the Colony Park Community Center cafe and kitchen facilities, including, without limitation, (a) the interior of the cafe and kitchen facilities, including flooring, exposed plumbing, lighting lamps and wiring, paint and finish, (b) any windows, (c) the outside patio area, (d) any personal property of the Contractor situated in or upon the Premises, (e) all City-owned kitchen appliances, including but not limited to the stove, grill, soft serve machine, meat slicer, coffee/espresso maker, ice machine, refrigerator and freezer; (f) any heating, ventilating or air conditioning equipment installed by Contractor in or upon the Premises. b To maintain the Colony Park Community Center cafe and kitchen facilities in conformance with the highest standards of health and safety c To notify the City promptly of any damage to the Premises or the building in which they are situated resulting from or attributed to the acts or omissions of the Contractor, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Contractor's sole cost and expense. 34 2.12 UTILITIES The City shall pay the reasonable costs for the actual utilities, including water, gas, heat, trash pick- up, light and power supplied to the cafe and kitchen facilities at the Community Center Grease must be disposed of separately by the Contractor Contractor shall make arrangements for and pay the charges when due for telephone The suspension or interruption in utility service to the Premises for reasons beyond the ability or control of the City shall not constitute a default by City or entitle Contractor to any reduction or abatement of the monthly payment due to the City 3 0 OBLIGATIONS OF CITY 301 COOPERATION City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 302 PLACE OF WORK. City agrees to provide exclusive use and access to Atascadero's Colony Park Community Center cafe for use by Contractor while performing the services described within this agreement. 4 0 TERMINATION OF AGREEMENT 4 01 TERMINATION ON NOTICE Notwithstanding any other provision of this Agreement, any party hereto may terminate this Agreement, at any time, without cause by giving at least 30 days prior written notice to the other parties to this Agreement. 4 02 TERMINATION ON OCCURRENCE OF STATED EVENTS This Agreement shall terminated automatically on the occurrence of any of the following events (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the 30 days as set forth in section 4 01 of this Agreement, (5) End of the Agreement to which Contractor's services were necessary; or (6) Assignment of this Agreement by Contractor without consent of the City 4 03 TERMINATION BY ANY PARTY FOR DEFAULT OF AGREEMENT Should any party default in the performance of this Agreement or materially breach any of its provisions, a non-breaching party, at their option, may terminate this Agreement, immediately, by giving written notice of termination to the breaching party 35 4 04 TERMINATION This Agreement shall terminate on August 1, 2011 unless extended as set forth in this section City grants to the Contractor the option to extend this Agreement for two (2) single one-year periods, following the above ending date Contractor must notify City in writing of its intent to exercise the extension no later than 30 days before the expiration date or before the expiration of any extension period. 405 REMOVAL OF ALTERATIONS City, by giving written notice to Contractor within 30 days before the expiration or termination of the Agreement, may elect to require Contractor, at Contractor's sole cost and expense, to remove the alterations specified by City in its notice and make such repairs necessitated by the removal of said alterations, and any damage resulting therefrom, as may be necessary to restore the Premises to good condition the last day of the lease term or within 30 days of the City's notice. This stipulation will not affect any improvements agreed to by the Director of Community Services, as described in Section 107 of this agreement. 5 0 MISCELLANEOUS 5 01 REMEDIES The remedies set forth in this Agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity 5 02 NO WAIVER. The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement. 503 ASSIGNMENT This Agreement is specifically not assignable by Contractor to any person or entity Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4 03 5 04 ATTORNEYS' FEES In the event of any controversy, claim or dispute between the parties hereto, ansing out of or relating to this Agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorneys' fees 36 5 05 TIME FOR PERFORMANCE Except as otherwise expressly provided for in this agreement, should the performance of any obligation or act required by this Agreement to be performed by either party be prevented or delayed by any act of God, war, terrorism, natural disaster, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay; provided, however, that nothing contained in this section shall exclude the prompt payment by either party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 5 06 NOTICES Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to any party to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States marl, first-class postage prepaid to the following address for each respective party- PARTY ADDRESS CITY OF ATASCADERO 6907 El Camino Real Department of Atascadero, CA 93422 Community Services (805)461-5000 CONTRACTOR NCI Affliates Inc 496 Linne Road (805) 238-6630 Paso Robles, CA 93466 507 GOVERNING LAW This Agreement and all matters relating to this Agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this Agreement arises. 5 08 BINDING EFFECT This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto,but nothing in this section shall be construed as a consent by City to any assignment of this Agreement or any interest in this Agreement. 509 SEVERABILITY Should any provision of this Agreement be held by a court of competent jurisdiction or by a legislative or rule-making act to be either invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule 37 5 10 SOLE AND ENTIRE AGREEMENT This Agreement constitutes the sole and entire Agreement between the parties with respect to the subject matter hereof This Agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this Agreement. All Agreements or representations respecting the subject matter of this Agreement not expressly set forth or referred to in this Agreement are null and void. 5 11 TIME Time is expressly declared to be of the essence of this Agreement. 5 12 DUE AUTHORITY The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 5 13 CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 5 14 AMENDMENTS Amendments to this Agreement shall be made only with the mutual written consent of all of the parties to this Agreement. Executed on , 2009 at Atascadero, California. Attest: CITY OF ATASCADERO By- Marcia McClure Torgerson Wade G McKinney C.M.0 , City Clerk City Manager Approved as to form. By- Brian Pierik NCI Affliates, Inc , CONTRACTOR City Attorney 38 Attachment B Amendment to Alcohol Policy Community Center. 12. A permit will.not be issued for the following reasons: •Insufficient notice: When department personnel cannot be scheduled, facilities prepared, or other conditions relating to use cannot be completed in the time between the date.of the request and the proposed usage. *Hazardous Activities: When activities are of a hazardous nature, which may endanger persons or property • Prior Circumstances-. When permit holder has mistreated a facility or failed to abide by policy during a previous occupancy 131. Cancellation of Pc='t: 0 By Holder- To cancel a reservation or change the date.of a facility permit,the permit holder must give a minimum of thirty (30) working days notice in writing, A reservation deposit may. be transferred to another date within sixty(60)days of the current reservation, buL is not refundalik. To change the time of an everiL, a minimurn of Len(10)working days notice is requir� 0 By the City A permit may, be cancelled at any time for any of the following reasons: If the permit is found to contain false or misleading information,the use or proposed use would be detrimental to the safety or general welfare of the City or to the efficient operation of the facility for public welfare, should any individual, group, group member or guest urillfuliy or through gross negligence, mistreat the equipment,facility or violate any of the rules or state or local ordinance; failure to make rental fete payment within the minimum times provjdcd, if permit holder defaults on or has not completed all conditions and requirement for use of a facility, in the event the facility is needed for public or emergency use. .%W ALCOHOL POLICY :;:HERR is NQ .41.0014(4- Ai4-0%V9D TO BE SERVED OR SQJ6D A-T 144E CZ-01=9N). P,4-R--V,C-�Q:NANV T;Q -— tjTV(=-E;Stq;ER General Information regarding alcohol at the Colany Park Community Center: • ]Beer,NVine.and ChaM.pacgnc may be,served,No:hard liquor allowed. • You must hire an outside party such as a caterer or bartcnding ser-ncc to serve the,alcohol, No self-sane,allowed. • No alcohol may be served for Minors or under legal age parties. • No alcohol may be served.atthe Community Center when an event is in honor of sorneone under the age of 18. • One(1)security guard is required,for cvm one-hundred.(100)Or then of occ!a)ants with a four(4)hour minimum.. • Please note that a final.guest count is due ten(10)-working,days.prior to the event. Should your final count be more or less than cq)ected,the number of Ruards required could.change,thus affecting the estimated total due • Security guards must be present from the time alcohol is opened until the last person vacates the nreinises.including clean-up, • If selling alcohol_Dabilitv insurance is reauired in the amount of S1 million dollars naming the City of Atascadero as additionally insured, 4 39 "i • Renters maN,hire non-profits to,sell alcohol for diem,However,the non-Drofit NOW group L the becomes resRonsible for the ABC Licienscand Liability Insurance, • The number for Alcohol Bnm.ragS,Control is 543,-"1183. INSURANCE REO-LIREMENITTS There are two options for insurance for your cNrnt: L Cin,Insurance- if you choose to use.the City of AtascRdero's insurance provider,you 'kMth the.City of Atascadero(451-5000). must fill out the appropriate paperwor 1 2.A our Insurance: if you do not want to purchase insurance from the City of Atascadero, you must providc a Certificate of Insurance naming the City of Atascadero as an additional insured for one million dollars($1,000,000). DECORAMNG POLICIES • All decorations must be of flame retardant material. • No glitter,confetti,hay hay bales,rice,or flower petals may be thro,,xm or used as a decoration inside or outside of the building. • Smoke and fog machines of any sort are NOT allowed.. • Any plants or shrubs brought into the building must be in a waterproof container. 0 All rentals,equipment, decorations,etc,must be delivered and retrieved during the contracted rental timm • w7hen decorating,do not to fasten any decorations to light fixtures or floors. • Any kind of tape scotch, masking, painters, duct, etc.), thumb tacks, nails, staples,etc.arc NOT allowed. • Decorations must be removed immediately after the event. Decorations left may be discarded and an additional cleaning Re may apply • The renter is ultimately responsible if the caterer and/or decorators do not comply Nvith policy CANDLE&FIRE CODE POLICIES • NO smoking is allowed at any time inside City of Atascadero buildings or within 20 ft.of the building. • CANDLES ARE NOT PERMITTED INSIDE THE COMMUNITY CEN=, . • A distance of 15 inches of clearance shall be maintained between the front and back of each row of chairs. The Pavilion staff will arrange,tables/chairs accordingly and the renter and/or guests will not move them without prior approval. • In areas without fixed,seats,an aisle width of 36 inches,shall be maintained. An aisle width of 44 inches shall be maintained where tables or other furnishing create an obstruction.on both sides. The Community Center staff will arrange tables/chairs accordingly and the renter andior guests will.not move them without prior approval. • All building exits for ingress and egress of occupants shall be maintained with a dear pathway at all times. Marked exits shall be free of any obstacles or obstructions(i.e. 5 1.000, 40 ITEM NUMBER. A-4 DATE. 07/14/09 r nn rt 1913 IL079 Atascadero City_ Council Staff Report - Public Works Department Sewer System Management Plan i RECOMMENDATIONS Council 1 Approve the City's Sewer System Management Plan (SSMP) in compliance with the Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems (Water Quality Order No 2006-0003), and, 2. Direct City staff to certify the SSMP with the State Water Board DISCUSSION Background On May 2, 2006, The State Water Resources Control Board (SWRCB) adopted Water Quality Order No 2006-0003 which established the Statewide General WDRs for all publicly owned or operated sanitary sewer systems within the State of California. The WDRs require that all federal and state agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California. 1 Report Sanitary Sewer Overflows (SSOs) to the SWRCB, and 2 Develop and implement a Sewer System Management Plan On October 23, 2007, the City Council approved a draft Resolution allowing the Public Works Director to submit a draft Development Plan and Schedule for the City's Sewer System Management Plan (SSMP) in compliance with the Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems (Water Quality Order No 2006-0003) City staff hired Wallace Group to assist with the development of the City's SSMP The City's SSMP in large part, is a reflection of our current management and maintenance practices This document collects, describes and documents the current level of 41 maintenance and operations in the City's sanitary sewer collection system and does not significantly expand our level of services except for the following three areas 1 Collection System Line Cleaning Enhancements- Monthly sewer-line cleaning will be initiated to persistent and identified "High Priority Lines" in the collection system High priority lines are areas with a history of stoppages due to debris, roots, and fats, oils, and grease This preventative maintenance program will help reduce the potential for Sanitary Sewer Overflows. 2 Geographic Information System (G.I.S.) Mapping of the Collection System- This one-time electronic mapping project for all gravity line segments, manholes, pumping facilities, pressure pipes and valves in the collection system will aid in the effective management of the City's collection system The computer based management system provides a tool or prioritizing repair, replacement, rehabilitation projects, and for producing work orders for sewer cleaning and other maintenance activities 3 Fats, Oil and Grease (F.O.G.) program- This mandated program will be established to form an implementation plan and schedule for a public education outreach program that promotes proper disposal of Fats, Oils, and Grease The FOG program also establishes the legal authority to prohibit discharges to the system and identify measures to prevent sanitary sewer overflows caused by FOG Additionally, the FOG program requires the installation of grease removing devices (such as traps or interceptors), design standards for removal devices, maintenance requirements, Best Management Practice (BMP) requirements, record keeping requirements, and reporting requirements. The goal of the FOG program is to minimize Sanitary Sewer Overflows in the City's collection system A draft document has been prepared for City Council consideration and approval The Draft SSMP contains eleven (11) individual elements described below- L Goal — The goals of the SSMP are (1) to provide a plan to properly manage, operate, and maintain the City's sewer system, (2) to help reduce and prevent SSOs and their impacts on receiving waters and on public health and safety; and (3) to mitigate SSOs if and when they do occur 11. Organization — The SSMP identifies the City Manager as the authorized representative responsible for the development of the SSMP and provides names and contact numbers for management, administrative and maintenance staff responsible for implementing the different elements of the SSMP It also spells out the chain of communication for reporting SSOs to SWRCB and other regulatory agencies III Legal Authority — The City has demonstrated that it possesses the legal authority to (1) prohibit illicit discharges to the sewer system, (2) require that sewers be properly designed and constructed, (3) ensure access for maintenance, repair and inspections, and (4) enforce any violations by adopting appropriate ordinances Within one calendar year of certification of the SSMP, City staff will evaluate current City ordinances to determine if changes or clarifications are recommended. 42 IV Operation & Maintenance Program — The Operations and Maintenance Program includes a map of the City's sewer and storm water conveyance facilities, describes routine operations and maintenance activities, provides a rehabilitation and replacement plan to address system deficiencies, describes training programs, and lists equipment and replacement parts inventories critical for the operations and maintenance of the City's sewer system and facilities V Design and Performance Provisions — The Standards for Sewer Facilities document and Standard Construction Drawings provide design and construction standards not only for the installation of new sanitary sewer systems, pump stations and other appurtenances, but also for the rehabilitation and repair of existing sewer systems These design standards will be incorporated into the soon to be revised City Engineering Standards VI. Overflow Emergency Response Plan — The Overflow Emergency Response Plan describes the City's procedures and protocol to be implemented in case of SSOs The plan includes proper notification procedures, emergency response operations and maintenance staff training VII Fats, Oil & Grease (FOG) Control Program — The FOG Control Program describes procedures for the proper disposal of fats, oil and grease generated within the sewer system service area, requires installation of grease removal devices such as traps or interceptors, and requires inspection of grease producing facilities such as restaurants, auto repair shops, carwashes, etc Vlll System Evaluation & Capacity Assurance Plan (SECAP) — The System Evaluation & Capacity Assurance Plan includes a recommended Capital Improvement Program (CIP) that identifies and addresses the City's sewer system capacity deficiencies As part of SECAP, the City will conduct a financial evaluation of its sewer utility A financial plan will be developed to address options and alternatives for funding the recommended capacity improvement projects, as well as the rehabilitation and replacement projects identified in the Operations & Maintenance Program IX. Monitoring Program — The City shall monitor the implementation and measure the effectiveness of each element of the SSMP Actions that may be taken include adjusting the "hot spots" cleaning program, expanding the scope of the FOG Program, modifying design and construction standards, revising the Capital Improvement Program, and/or adjusting the sewer funding mechanism or rate structure (if one is adopted) X. Program Audits — The City shall conduct annual internal audits evaluating the effectiveness of the SSMP Items to be considered include whether any spills occurred from the City's system, cause of the spills, steps needed to be added to the SSMP to prevent re-occurrence, capital improvement projects that have been implemented, and the following year's capital improvement program XI Communications Program — The City shall communicate with the public on a regular basis on the implementation and performance of the SSMP This will provide the public an opportunity to provide input as the program is developed and implemented The City will place SSMP related documents on its website, allowing interested parties easy access to the program Nkw 43 As specified in the Monitoring Program and Program Audit elements of the SSMP, the City may update the SSMP as necessary in order to improve the effectiveness of the program However, any significant changes to the SSMP will require City Council approval and certification in accordance with the WDR. Analysis. The SSMP is a written document, mandated by the State Water Board that details how an entity's sewer system is operated, maintained, repaired and funded The WDRs include a time schedule for the development of the SSMP The SWRCB requires that the Final SSMP be approved by an entity's governing board The reasoning behind this requirement is to ensure the governing board is aware of the SSMP and its potential impacts such as funding requirements and potential new ordinances to allow for adequate implementation and enforcement. State Water Resources Control Board (SWRCB) adopted Water Quality Order No 2006-0003 requires the agency governing board, (City Council) to approve the SSMP at a public meeting The City's Legally Responsible Official, Chief Plant Operator, Justin Black shall certify that the SSMP, and subparts thereof, are in compliance with the general Waste Discharge Requirements within the time frames identified in the time schedule based on population In order to complete this certification, the Legally Responsible Official must complete the certification portion in the Online SSO Database Questionnaire, print off and sign the automated form, and send the form to the State Water Board Conclusion. Staff recommends that the City Council approve the City's Sewer System Management Plan (SSMP) in compliance with the Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems (Water Quality Order No 2006- 0003) and direct City staff to certify the SSMP with the State Water Board FISCAL IMPACT This action has no direct impact on the City's General Fund, however to meet the new requirements in the SSMP there will be financial impacts to the City's Wastewater Enterprise Fund The City Council previously allocated funds in FY 2009-2011 budget to cover increases related to the following areas • Initiate Global Information System mapping and maintenance of data • Minor increases for additional professional development and staff training • Implementation and management of the Fats, Oils, and Grease Program • Increase line cleaning requirements and lift station pump maintenance costs • Increased administrative staff time to review and maintain infrastructure assessment and replacement reports 44 ATTACHMENT Draft Sewer System Management Plan (SSMP) (This report may be viewed online at http//www.atascadero.org/files/PW/2009 06-30 Atascadero Draft SSMP.pdf) �wrr►° 45 46 ITEM NUMBER- A-5 DATE. 07/14/09 A 110 aw Atascadero City Council Agenda Report - Public Works Department Temporary Road Closure Atascadero Main Street Summer Street Fair and Farmers' Market RECOMMENDATION Council adopt the Draft Resolution approving a request by Atascadero Main Street to extend the hours for the road closure for the Summer Street Fair and Farmers' Market and establishment of tow-away zones DISCUSSION At the June 9, 2009 City Council meeting a road closure request from Atascadero Main Street was approved for this event for the hours of 3.00 p m to 9 00 p m Main Street has indicated that the hours of closure do not provide sufficient time for the removal of vehicles prior to the vendor set-up and have modified the request to begin at 2 30 p m The closure request is now every Wednesday from 2:30 p m to 9 00 p m from July 15th to August 26, 2009 FISCAL IMPACT No net fiscal impact to the General Fund as road closure fees cover the cost of installing the Road Closed signs ATTACHMENTS Road Closure Map Draft Resolution 47 ITEM NUMBER A-5 DATE. 07/14/09 -4' r - Wednesdays, July 15 to August 26, 2009 230pm — 900pm Summer Street Fair and Farmers' Market A 11h Requested Closure 48 ITEM NUMBER- A- 5 DATE. 07/14/09 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ESTABLISHING A TEMPORARY TOW-AWAY ZONE AND STREET CLOSURE BE IT RESOLVED by the City Council of the City of Atascadero that the following street will be closed at the times indicated and that a tow-away zone will be established during the hours of closure WEDNESDAYS, JULY 15, 2009 TO AUGUST 26, 2009 2.30 P.M. TO 9.00 P.M. Entrada Avenue from El Camino Real to Palma Avenue Palma Avenue from West Mall to Entrada PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held on the 14a' day of July, 2009 ATTEST CITY OF ATASCADERO Marcia McClure Torgerson, City Clerk Ellen Beraud, Mayor APPROVED AS TO FORM. Brian Pienk, City Attorney 49 50 ITEM NUMBER A- 6 DATE. 07/14/09 e ■, e ■ Isla a 1979 Atascadero City Council Staff Report - City Attorney Request for Waiver by Burke, Williams & Sorensen RECOMMENDATION Council authorize the City Manager to sign a Waiver Letter to Burke, Williams & Sorensen DISCUSSION Burke, Williams & Sorensen ("Burke") provides City Attorney services to the City of Atascadero Among other legal services, Burke has advised the City in connection with a pending project of Wal-Mart for the construction of a Wal-Mart store at the intersection of Del Rio and EI Camino Real ("Project") Beginning on or about August 1, 2009, Burke may be representing Wal-Mart in connection with employment litigation defense If such representation should occur, Burke would not represent Wal-Mart in connection with any legal matters that pertain to the proposed Project in Atascadero California State Bar Rule of Professional Conduct 3-310 requires certain disclosures and written waivers in the event of potential conflicts of interest. More specifically, Rule 3-310 requires a written waiver in those instances where a firm concurrently represents two clients whose interests may be adverse on an issue In this instance, Burke would represent the City, not Wal-Mart, in connection with the Project. The only representation of Wal-Mart would be unrelated to the Project in Atascadero Nevertheless, it is possible that during Burke's continued representation of the City during the processing of the Wal-Mart Project, circumstances could arise where the interests of Wal-Mart and the City become adverse Consequently, a written waiver is required by the State Bar ethics rules At this point in time, Burke does not believe an actual conflict of interest exists between the City and Wal-Mart in connection with the Project. However, in order for Burke to continue to assist the City with the Project after August 1, 2009, Burke is requesting a 51 written waiver from the City for representation of Wal-Mart in matters unrelated to the Atascadero Project in the event that a conflict should arise in the future If the City has any concerns now, or in the future, regarding the objectivity of Burke in connection with the representation of the City regarding the Project, then the City has the option to retain separate legal counsel to advise the City regarding the Project. FISCAL IMPACT None 2 52 ITEM NUMBER A-7 DATE 07/14/09 R 1•n , 197, Atascadero City Council Staff Report - Community Services Department Temporary Road Closure Hot EI Camino Cruise Nite 2009 RECOMMENDATION Council adopt the Draft Resolution authorizing the road closures at times and locations specified in the Resolution on Friday, August 21, 2009 for Hot EI Camino Cruise Nite 2009 DISCUSSION Council adopted Resolution No 2009-068 on June 23, 2009, approving road closures for Hot EI Camino Cruise Nite 2009 Staff has since discovered that the cruise route needed to be modified due to the median on Traffic Way and Palma that prevents a left-hand turn at that intersection The attached Draft Resolution correctly reflects all routes and closures On Friday, August 21, 2009, City staff is proposing to close the following for the annual Hot El Camino Cruise Nite, which begins at 6*30 p m To be closed from 4,30 p m — 8:30 p m • EI Camino Real from Curbaril Ave to Traffic Way To be closed from 5 00 p m — 8:30 p m • West Mall from EI Camino Real to Olmeda Ave • Lewis Ave from Capistrano to Traffic Way • Traffic Way from EI Camino Real to Olmeda Ave To be closed from 1.00 p m. — 10,00 p m • East Mall from EI Camino Real to Lewis Ave • Palma Ave between East Mall and West Mall r Additionally Staff recommends the closure of East Mall from EI Camino Real to Lewis Ave and Palma Ave between East Mall and West Mall from 1 00 p m — 10,00 p m 53 ITEM NUMBER. A-7 DATE. 07/14/09 in order to provide display parking for the "Show and Shine" portion of the event and vendor booths, East Mall between EI Camino Real and Palma Avenue, and Palma Avenue between East Mall and West Mall, is to be designated as a tow-away zone from 1 .00 p m to 10 00 p m on August 21, 2009 The Hot EI Camino Cruise Nite event, coordinated by the Atascadero Community Services Department, attracts thousands of tourists and spectators who line EI Camino Real to view the vehicles that participate in this growing event. Last year, there were over 375 vehicles registered The route for this year's "Cruise" is proposed to begin at Curbaril Ave and end at Traffic Way The route requires that Cal Trans or a contractor close the northbound Highway 41 exit and provide a detour for Highway 41 east. Cal Trans has requested a resolution from the Atascadero City Council authorizing the closure of EI Camino Real and the other streets affected along the proposed "Cruise" route In addition to the Hot EI Camino Cruise Nite, the Atascadero Main Street will be hosting a Show and Shine daytime event around the Sunken Gardens Park from 3 pm — 6 pm, as well as, during and after the "cruise" other activities will be conducted in the Sunken Gardens Park until 10 pm. FISCAL IMPACT The cost of putting on the event is approximately $13,750 It is anticipated that these costs will be fully recovered through sponsorships and entry fees ALTERNATIVES None proposed ATTACHMENTS 1 Draft Resolution 2. Map of the proposed Hot EI Camino Nite Cruise route 3 Map of the proposed Detour route 4 Street Closure Request Form vao 54 ITEM NUMBER A- 7 DATE. 07/14/09 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA CREATING A TEMPORARY CRUISE ROUTE BE IT RESOLVED by the City Council of the City of Atascadero that the Hot El Camino Cruise Nite route is hereby established on August 21, 2009, as El Camino Real from Curbanl Avenue to West Mall to Lewis Avenue to Traffic Way and returning to El Camino Real. Additionally San Luis Avenue from Curbaril Avenue to Pueblo Avenue and Pueblo Avenue from San Luis Avenue to El Carmno Real be closed for"cruise" traffic only BE IT FURTHER RESOLVED that in order to provide a closed for the cruise, the area described above is designated as a tow-away zone from 4 30 p.m. until 8 30 p.m., on August 21, 2009; and, BE IT FURTHER RESOLVED by the City Council of the City of Atascadero that the location for the Hot El Camino Cruise Nite "Show and Shine" daytime event is hereby established as East Mall between El Camino Real and Palma Avenue, and Palma between East Mall and West Mall, and, BE IT FURTHER RESOLVED that in order to provide display parking for the "Show and Shine" event described above, East Mall between El Camino Real and Palma, as well as, Palma between East Mall and West Mall is also designated as a tow-away zone from 1.00 p.m. to 10.00 p.m., on August 21, 2009 On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote AYES NOES ABSENT ADOPTED- ATTEST CITY OF ATASCADERO Marcia McClure Torgerson, C.M.0 , City Clerk Ellen Beraud, Mayor APPROVED AS TO FORM. Brian A. Pierik, City Attorney 55 ITEM NUMBER A-7 DATE 07/14/09 Ranaeda Traffic WayExit NOT recomunanded " Na cmise access± Hwy 41 Exit Clow e LEGEND Cruise Pass Registration Participant Euuance »..-_�.Registratm Liue-up Cruise Route Pre-Registered[&Nem.,Repman may enter here umug San Luis.Ave_fmru Ctrbanl 2009 Rot El Camino Cruise:Nite Route "Cruisiu the Night:Awad-" Friday-,Angust 21,2009 6:30-8:30 pm For more information, please call(805)461-5000 or visit our website at www.a.tascadero.org 56 ITEM NUMBER A 7 DATE_ 07/14/09 �w ' . A/lYfF .� . .ZL t DETOUR ROU I e � s Morin lamnro QiYl6ATVLl.�ORiG �y{N GiMYY.YlRG+- ..��yY ATN4.MWitfA WR/ mmmmsoff v�v.+9 '. VM p... masirwAris c1 *taw. 57 ITEM NUMBER A-7 DATE 07/14/09 CITY OF ATASCADERO ., STREET CLOSURE REQUEST FORM FULL NAME OF ORGANIZATION City of Atascadero,Community Services Department & Atascadero Main Street NAME OF PERSON MAKING APPLICATION Paula Anton,Recreation Supervisor ADDRESS. 6907 El Camino Real CITY. Atascadero ZIP: 93422 PHONE. DAY 470-3472 EVENING DATE (S) OF REQUESTED ROAD CLOSURE. Friday August 21, 2009 NAME OF STREET 1.El Camino Real 2. San Luis Ave 3 Pueblo 4.East Mall 5.Palma 6.West Mall 7 Traffic Way 8 Lewis Ave. FROM(ADDRESS OR STREET) 1. Curbaril TO San Luis Ave 2.San Luis Ave TO Pueblo 3..Pueblo TO El Camino Real 4 ECR FROM Curbaril TO Traffic Way 5.East Mall FROM ECR TO Lewis Ave 6.West Mall FROM ECR TO Olmeda Ave 7 Palma FROM East Mall TO Traffic Way 8. Traffic Way FROM El Camino Real to Olmeda Ave. TIME OF CLOSURE. FROM. 1.00 pm TO: 10.00 pm Show and Shine— East Mall to Lewis Ave. and Palma from East Mall to West Mall FROM. 4 30 pm TO. 8 30 pm Cruise Route—map attached PURPOSE FOR CLOSURE. Hot El Camino Cruise Nite a City of Atascadero Special Event(Closed cruise on El Camino Real from Curbaril to West Mall to Lewis Ave to Traffic Way) PROPOSED ALTERNATE ROUTE. See attached detour map PROPOSED EMERGENCY ACCESS PLAN. Emergency vehicles and Transit Busses will be allowed to pass through the cruise route; City staff&Assisting Agencies will be at all barricades and will be notified to let the transit busses and emergency vehicles pass through, AFD will have 3 on-duty fire engines located on the cruise route available, if not on a call. PROPOSED TRAFFIC CONTROLS (SIGNS, POLICE, ETC.). Barricades, traffic signs, staff, and assisting agencies will be at all intersections along the cruise route, Traffic signals adjusted for traffic flow; detour route signs to follow attached map, Cal —Trans/Baiba's Safety Service notified to direct freeway traffic with Special Event signs on Hwy 101 directing NB traffic to exit at Curbaril and SB traffic to exit at San Anselmo, APD at Curbaril,Morro Rd., and Traffic Way;Amtrak,RTA and Atascadero Transit, will be notified of the Cruise. -wool 58 ITEM NUMBER. A- 7 DATE 07/14/08 SIGNATURE OF APPLICANT Paula Anton DATE. _7/06/09 (Request must be made a minimum of 20 working days prior to event) FOR OFFICE USE ONLY Date Received: Approved by (all departments must approve) Fire Department Police Department Public Works Approved _Approved _Approved —Denied _Denied _Denied —Refer to Council `Refer to Council _Refer to Council Signature Signature Signature Date Date Date Reason for denial or comments (Use additional page if necessary) City Manager's action. Signature Date City Council action (If applicable) lkw 59 ITEM NUMBER. A- 8 DATE. 07/14/09 n Ion Ye e Atascadero City Council Staff Report - Public Works Department Final Map 2009-0170 (Parcel Map AT 06-0205) 9125 San Rafael Road (TPM 2007-0092) Jim Cvancara RECOMMENDATIONS City Council 1 Adopt, approve, and accept Final Parcel Map 2009-0170 (Parcel Map AT 06- 0205) on behalf of the public, and, 2. Authorize and direct the City Clerk to endorse the Council's approval on Final Parcel Map 2009-0170 (Parcel Map AT 06-0205 ) DISCUSSION. Tentative Parcel Map 2007-0092 was approved by the Planning Commission on October 7, 2008 The Tentative Parcel Map approved the division of a 3 07 acre lot into two lots of 1 03 and 2.04 acres. Staff has determined that the Parcel Map is in substantial conformance with approved Tentative Parcel Map Pursuant to California Government Code Section 66474 1 the approving legislative body (City Council) cannot deny a parcel map that is in substantial conformance with the previously approved tentative map Also, Pursuant to California Government Code Section 66477 1(a), at the time the legislative body approves a parcel map, the legislative body shall also accept, accept subject to improvement, or reject any offer of dedication. There are no offers of dedication on this map FISCAL IMPACT None ATTACHMENT. Exhibit A. Final Map 2009-0170 (Parcel Map AT 06-0205) 61 ITEM NUMBER A- 8 Exhibit A Final Map 2009-0170(Parcel Map AT 06-0205) 912k San Rafael Road vao�+b 4' ax� lb yy i u ®Z sC OI a�$i I! i uv< ° 7 { e I m � o Faffi�� ( _ =° �� Q a Ca Lt *x W uv d Q �:gaa 1� o Q <q<H r.$ CL �F{rS� <&g o oj' `oo ssrxlvlw iip� " 0`1 IODTM �4s` ; `<8g S`JNIMV3B do s1m % IGUV M6R1 > $- 8 / Itl.pO'091 WSd'651 — — 3 V2 �t F Fly OVON l3VdVM NVS R _ 62 ITEM NUMBER: B- 1 DATE. 07/14/09 City Council Agenda Report Staff Report - Public Works Department Placing Sewer Service Charges on the 2009-2010 Property Tax Rolls RECOMMENDATION Council adopt the attached Draft Resolution, adopting service charges to be added to the 2009-2010 property tax rolls. DISCUSSION City Ordinance provides for the collection of sewer service charges on the general County tax bills. Charges have been collected in this manner since the County Sanitation District was dissolved in 1984 The attached Resolution has been prepared to accomplish the necessary collection through the 2009-2010 property tax bills There is no increase in the sewer service rates A Notice of Public Hearing has been published noticing this action The relevant area of discussion during the public hearing is whether or not the property owner is responsible for all or any portion of the sewer service charge that is listed on Exhibit A. Any questions or concerns received during the public hearing should be referred to staff for resolution prior to submitting the charges to the County Auditor by the July 24th deadline FISCAL IMPACT The City will bill $1,738,052.50 in sanitation service charges for Fiscal Year 2009-2010 ATTACHMENTS Draft Resolution 63 ITEM NUMBER B - 1 DATE 07/14/09 DRAFT RESOLUTION lod A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ADOPTING SERVICE CHARGES TO BE ADDED TO THE 2009-2010 PROPERTY TAX ROLLS WHEREAS, Council has duly held a public hearing concerning the addition of the 2009- 2010 service charges to the 2009-2010 property tax bills, and WHEREAS, due notice was given to the public in accordance with Section 5473 of the Health and Safety Code; and WHEREAS, at said hearing the attached report marked "Exhibit A" containing such charges was duly received by said council, and WHEREAS, at said public hearing opportunity was given for filing objections and protests and for presentation of testimony of other evidence concerning same, and WHEREAS, it is in the public interest that this body adopt the charges and determine and confirm the report presented at the hearing. NOW, THEREFORE,BE IT RESOLVED by the Council of the City of Atascadero, as follows Section 1 That the recitals set forth hereinabove are true, correct and valid. Section 2. That Council hereby adopts the service charges set forth on the attached report marked "Exhibit A" which is hereby expressly incorporated herein by reference as though here fully set forth, and Council hereby determines and confirms the report containing such charges as set forth in said "Exhibit A" and hereby further determines and confirms that each and every service charge set forth in said report is true and accurate and is in fact owed. Section 3. That the charges as so confirmed and determined and adopted shall appear as separate items on the tax bill of each parcel listed in said report, and such charges shall be collected at the same time and in the same manner as ordinary County ad valorem taxes are collected, and are subject to the same penalties in the same procedure and sale in case the delinquency is provided for such taxes. Section 4. The City Clerk shall file a certified copy of this resolution and said Exhibit A with the County Auditor upon its adoption. Section 5 This resolution is approved by at least a two-thirds vote of said Council. 64 ITEM NUMBER B- 1 DATE 07/14/09 vow On motion by Councilmember and seconded by Councilmember the foregoing resolution is hereby adopted in its entirety by the following vote AYES NOES ABSENT ADOPTED ATTEST CITY OF ATASCADERO Marcia McClure Torgerson, C.M.0 Ellen Beraud City Clerk Mayor APPROVED AS TO FORM. Brian A. Pierik, City Attorney 65 ITEM NUMBER B - 1 DATE, 07/14/09 EXHIBIT A Due to the length of this document, it has not been reproduced as an attachment, however it may be reviewed in the office of the City Clerk 66 ITEM NUMBER B -2 DATE 07/14/09 n ;918 • =979 Atascadero City Council Staff Report - City Manager's Office Downtown Parking & Business Improvement Area (PBIA) (FY 2007-2008) Confirmation of Annual Assessment (Request for Council to confirm annual assessment for downtown PBIA.) RECOMMENDATION Council adopt the Draft Resolution confirming the annual assessment for the Downtown Parking & Business Improvement Area (Fiscal Year 2009-2010) at $0 00 DISCUSSION The City of Atascadero established a Downtown Parking and Business Improvement Area in 1986 (Chapter 11 of the Atascadero Municipal Code) for the purpose of acquisition, construction or maintenance of parking facilities, decoration of public places, promotion of public events, and general promotion of business activities in the downtown area. The formation and operation of a Business Improvement Area is governed by the California Streets & Highways Code (Section 36500 et. Seq ) The assessment is equal to the business license fee and is charged to businesses located in the DPBIA area. This fee essentially doubles the business license fee downtown and has been a disincentive to some business owners Staff is recommending this fee be reduced to zero, this would eliminate the disincentive and keep the DPBIA in place in case it is needed for future improvements The City Council adopted a draft Resolution of Intention on June 9, 2009, and set a public hearing for July 14, 2009 to receive public comment. Following the public hearing, it is staff's recommendation that the Council adopt the proposed Resolution. Adoption of the Resolution constitutes the levying of assessment which is recommended to be zero FISCAL IMPACT None ALTERNATIVE The City Council may direct staff to amend the Resolution before adoption ATTACHMENT' Draft Resolution 67 ITEM NUMBER. B -2 DATE. 07/14/09 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CONFIRMING DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA ASSESSMENT FOR FISCAL YEAR 2009-2010 WHEREAS, the City of Atascadero established a Downtown Parking and Business Improvement District consistent with Section 36500 et seq of the Streets and Highways Code of the State of California, and, WHEREAS,the City Council has determined to set the assessment at$0 00 to provide a stimulus to downtown businesses in this time of unprecedented economic downturn, eliminating the need for a report in accordance with Section 36533 of the Streets &Highway Code of the State of California, and, WHEREAS,the City Council did fix a time and place for a public hearing on the levy of the proposed assessment for fiscal year 2009-2010; and, WHEREAS,on June 23, 2009, the City Council conducted a public hearing at the date and time for such purpose, and, WHEREAS, the City Council did not receive the required number of protests for the levy of such assessment. NOW, THEREFORE BE IT RESOLVED- 1 That the City Council of the City of Atascadero does hereby confirm the assessment at $0 00 to provide a stimulus to downtown businesses in this time of unprecedented economic downturn pursuant to the Streets &Highway Code of the State of California. On motion by Council Member , and seconded buy council Member the foregoing Resolution is hereby adopted following roll call vote 68 ITEM NUMBER B -2 DATE. 07/14/09 AYES NOES ABSENT ABSTAINED- ADOPTED , 2009 CITY OF ATASCADERO Ellen Beraud,Mayor ATTEST By Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM. By- Brian A. Pienk, City Attorney 69 ..r� ITEM NUMBER. C- 1 DATE. 07/14/09 rnR i r . " r r r r �e7el l CADS,, Atascadero City Council Staff Report - City Manager's Office Update on City Council Goals and Implementation Plans i RECOMMENDATION Council receive an update on the City's goals and approve the implementation plans I DISCUSSION At the strategic planning meeting of January 28-29, 2009, the City Council adopted five major goals The goals were revisited and refined to three major goals at a special Council Meeting on March 25, 2009 The goals were approved by the City Council on April 28, 2009 This report outlines progress to date on each of these major goals and implementation steps for the next fiscal year The three goals are to 1 Grow the City's Economy and Pursue Economic Development 2. Enhance Public Safety 3 Stabilize the City's Finances Grow the City's Economy and Pursue Economic Development The City of Atascadero will grow the City's economy by expanding its commercial tax base through retaining existing businesses, attracting new business, encouraging tourism, improving the permitting process, and actively promoting the community The Office of Economic Development has been busy working on these measures Since March of this year the City has • Adopted the Atascadero Local Stimulus Program aimed at accelerating local capital projects and hiring local contractors for these projects • Begun construction on Streetscape Phase III along EI Camino Real • Coordinated a "Small Business Success seminar" in conjunction with the EVC and Chamber of Commerce 71 ITEM NUMBER. C- 1 DATE. 07/14/09 • Launched a successful marketing program for the downtown area featuring local businesses and successes • Implemented a one-page business license application • Expedited commercial building projects • Introduced a new "economic development" web site • Reduced plan check timelines and created several over-the-counter permits • Consolidated Community Develop ment/PubIic Works Inspection • Revised forms and applications for development to make them easier to understand and more clearly communicate requirements The Applied Development Economics (ADE) study presented to the City Council in May outlines several steps the City should take to build the City's economy The implementation plan regarding economic development is being built off of the recommendations in the study The Office of Economic Development has reviewed the ADE action steps and is suggesting the following plan for first year efforts. • Upgrading and unifying tourism marketing efforts and updating VisitAtascadero com (OED, Summer 2009) • Implement the way finding program in downtown (Community Development, Summer 2009) • Improve pedestrian/bicycle/transit routes in downtown (Public Works, Summer 2009) • Research broadband capacity and develop a plan to encourage broadband development. (OED, Summer 2009) • Implement the Business Stimulus program components including fee assistance, fagade program, affordable housing purchases and parking expansion (OED, Fall 2009) • Expand the use of business press releases, sharing with the media stories about successful businesses and business opportunities (OED, Fall 2009) • Invest in Organic Search Optimization placing Atascadero in the top ten references in related searches on Google and other Internet search engines (OED, Fall 2009) • Implement a boutique events ordinance (Community Development, Fall 2009) • Develop publicity plans for tourism and economic development outlining promotional efforts throughout the year (OED, Fall 2009) • Complete capital projects at the zoo including a new entrance and restrooms (Public Works, Fall 2009) • Focused business recruitment on leakage areas and target industries which include new media, wine, green and alternative energy, education, general merchandise, restaurants, electronics, and apparel (OED, Begins Fall 2009) • Formalize connections to wineries through a local wine association, encouraging tasting rooms downtown, promoting local wineries, and looking into the feasibility of a wine museum. (OED, Spring 2010) • Develop design guidelines encouraging quality appearance and attractive buildings that encourage business development. (Community Development, Spring 2010) 72 ITEM NUMBER C- 1 DATE. 07/14/09 • Review existing land use along Morro Road to encourage use of tourism uses lowand along EI Camino Real to create retail nodes with character (Community Development, Spring 2010) • Complete Lake Park frontage improvements (Public Works, Spring 2010) • Inventory green businesses (OED, Spring 2010) • Inventory workforce development and education facilities (OED, Spring 2010) • Implement a collaborative "Shop Locally" campaign with the Chamber of Commerce (OED, Winter 2010) • Implement zone text updates regarding CUP's, second units, permit requirements, etc to make the code more business friendly (Community Development, Winter 2010) • Implement the branding process creating an Atascadero brand and implement through a marketing campaign (OED, Winter 2010) ADE has reviewed the OED-recommended work plan and concurs that these items should be done within the first few years of the strategy's implementation Enhance Public Safety Public safety remains an important priority and the Police and Fire Departments continue to make significant progress on making Atascadero safer To date, the Police and Fire Departments have • Maintained and Invested in the Necessary Tools for Response o Deployed AED equipment in all patrol vehicles and are completing the training process o Made several important investments in training -- a critical component of response -- including publication of a Fire Department Career Development Guide and implementation of performance based training and improved focus on traffic enforcement and communications equipment. o Obtained grants to purchase modern equipment and increase response and enforcement activities including enforcement of alcohol related incidents and new traffic enforcement tools • Deployed special enforcement swiftly and efficiently in areas where there is community concern o Enhanced enforcement in the Sunken Gardens by implementing frequent patrols, increased visual presence and at special events o Utilized the Special Enforcement Team and Narcotics Task Force to respond to known areas where illegal narcotics abuse and sales are taking place o Specifically targeted alcohol abuse and illegal sales to minors through visits to alcohol selling businesses and targeting location where underage drinking was taking place 73 ITEM NUMBER C- 1 DATE. 07/14/09 o Responded aggressively to gang activity by utilizing the Special Enforcement Team and by maintaining a liaison with countywide gang task force o Maintained presence at Atascadero public schools by patrolling around school grounds and maintaining an open dialogue with school administrators o Continued public education on crime prevention issues, specifically involving internet child safety, neighborhood watch and crime free multi- family housing • Investigated Alternatives for Service Delivery and Opportunities for Revenue o Reviewed, analyzed, and renewed Fire Department participation in Automatic & Mutual Aid agreements o Determined that the weight and/or quantity of fire engine response to Atascadero from neighboring agencies and wild land response from the county is proportionate to the response from the City to neighboring agencies. o Strengthened the City's relationship with the SLO County Regional Hazardous Materials Team by having the County Fire Chief's association name Chief Stone as the team's Liaison o Developed and utilized the North County Technical Rescue Team The team is now fully operational • Technology o Solicited government partners to co-locate within our radio vaults The County has responded to this request and has signed an MOU to locate communications devices at the City's Castle Rock Radio Site The MOU is reciprocal and reduces the City's operating costs o Hardened critical communications systems in preparation for disasters by making them all wireless with off-grid power supplies • Disaster/Emergency Preparedness o Received a major grant estimated at $300,000 to attend the Emergency Management Institute in November 2009 The public safety work plan for the next fiscal year is ambitious given staffing shortages. Components of the plan include • Develop Sunken Gardens long-term strategic plan at a workshop with key stakeholders (Police, Summer 2009) • Improve the functionality of mobile data computers (Police and Fire, Fall 2009) • Research the benefits of a consolidated dispatch center (Police and Fire, Fall 2009) • Prepare for and attend the Emergency Management Institute Preparation involves scenario development, site visits, replication of Atascadero EOC, and staff preparation and logistics Attending the institute will test the current City 74 ITEM NUMBER C- 1 DATE. 07/14/08 emergency plan and will involve over 30-40 city staff and an additional 30-40 community members and neighboring government agencies (All City Departments, Fall 2009) • Define and maintain cutting edge standards by updating General Orders (Police), Standard Operating Procedures and Guidelines (Fire) (Police and Fire, Spring 2010) • Update the City's Emergency Plan following attendance at and feedback from EMI (Fire, Spring 2010) • Establish vision and plan for future equipment needs (Police and Fire, Winter 2010) • Evaluate feasibility of contracted tow service and a City-owned impound yard (Police, Winter 2010) • Municipalize the City's vehicle code if proven to be cost effective (Police, Winter 2010) • Improve record management function by building a link between computer aided dispatch (CAD) & Fire Department records management system (FDM) software (Fire, Winter 2010) • Solicit additional government partners to co-locate within our radio vaults (Fire, Winter 2010) • Implement citizen web police reporting service (Police, Winter 2010) • Install Emergency evacuation signage for west Atascadero Funding is currently unavailable, however, staff has applied for two grants to fund this project; once grant funding is received the installation will take place (Fire, TBD) • Complete emergency evacuation plan for the remainder of the City east of Portola. This project is on hold due to lack of staffing and budget resources (Fire, TBD) • Implement a Local Business Emergency Plan program This project is on hold due to lack of staffing and budget resources (Fire, TBD) Stabilize the City's Finances A sound fiscal condition is critical to the City's mission of fostering an outstanding quality of life The organization has made significant efforts to maintain services and assets necessary for a high quality of life Specifically, the City has • Enhanced the revenue base o Implemented the Local Stimulus and Business Stimulus Plan o Initiated the Process for Development at the Del Rio Intersection o Approved Development of Tractor Supply Company o Continued rehabilitation of the downtown o Encouraged entrepreneurial efforts by City staff o Attracted new businesses to the community • Maximized current resources o Explored and utilized grants from other agencies first prior to City funds wr° o Charged all enterprise funds their fair share of City support services costs 75 ITEM NUMBER C- 1 DATE 07/14/09 o Managed infrastructure and reserves consistent with the City's Financial Strategy o Effectively used reserves as a short-term solution to close the current budget cycle gap o Analyzed fund balance in Central Coast Cities Workers' Compensation account. o Suspended the annual funding of long-term assets such as roads and buildings o Funded reserves for technology and vehicles as feasible o Provided routine maintenance where possible to extend the lives of assets and avoid increasing the deferred maintenance backlog o Obtained more than $1 7 million in Federal Stimulus Funding to date have outstanding applications for additional funding. • Reduced expenses o Laid off fifteen full-time positions o Adopted a fiscally sound, balanced two-year budget operating within our means o Delayed capital expenditures where possible o Implemented service level reductions in areas where there will be minimal impacts to citizens, thus reducing operating costs o Continued the policy of no new or expanded programs For this fiscal year, the work plan to further stabilize the City's finances includes • Providing regular email and Council meeting updates on State budget impacts and the City's fiscal situation (Administrative Services, Summer 2009) • Audit of current revenues including Business Licenses (Administrative Services, Fall 2009) • Evaluating and updating fees for services that reflect the true cost of providing such services (Administrative Services, Fall 2009) • Investigating a parcel or sales tax increase to provide general City benefit or tied to specific services (Administrative Services, Spring 2010) • Continuing to explore and obtain grants from other agencies (All Departments, Ongoing) Next Steps If approved this evening, staff will move forward with this work plan FISCAL IMPACT There is no fiscal impact to the approval of these strategic planning goals and consent to the related action plans Action steps are budgeted in the current budget. 76 .1% ITEM NUMBER. C-2 O f DATE. 07/14/09 w Atascadero City Council Staff Report - Community Development Department Del Rio Road Specific Plan and EIR Walmart / The Annex Council Review of Public Meeting Schedule RECOMMENDATION Council provide staff with direction on the public meeting schedule for the Walmart / Annex project General Plan Amendment and EIR. DISCUSSION Public Participation Process Under the Council's General Plan Amendment policy, a community participation process is required for General Plan Amendments. When the Council initiated the amendment process for the Wal-Mart / Annex project, staff was directed to conduct a neighborhood meeting regarding the project and hold a joint Planning Commission /City Council meeting. The purpose of the neighborhood meeting is to provide information to the community on the proposed design and character of the project including the site plan and architecture This neighborhood meeting will be the responsibility of the applicants to facilitate The applicants can organize the meeting as they see fit as long as it allows an opportunity for public input. The applicant has informed staff that they will conduct a day long open house to allow the public the opportunity to visit at their convenience throughout the day The applicant will provide representatives to explain the project and answer questions The City will provide forms for public comment that can be submitted to the City The purpose of the joint Planning Commission / City Council meeting is to solicit public input on a project site plan and architectural concept that will be used as the preferred project for the EIR and specific pian This will also be an opportunity for the Council to 77 ITEM NUMBER C-2 DATE. 07/14/09 discuss project alternatives to be analyzed in the EIR and for the Council to give staff direction on the project. This meeting will include the public scoping process to identify the environmental issues that will be addressed under the EIR. When the Draft Specific Plan and Draft EIR are completed they will be released simultaneously for public comment and review Following the review process, hearing drafts will be prepared for public hearings before the Planning Commission and City Council Date Public Participation Type Purpose 0pportunity •sv �u,�s�..• '°,� x., . t,�•r., S e'�k..�.�� 3;�� 1,P.kr ^::,:,$ s" ?K #P. ss.+ 1 st week Aug Neighborhood meeting Open house— Applicant to provide " public information hosted by applicant regarding the latest project plans. Staff (required by Council GPA will collect public comments. policy) , Aug11 2009 Council PC oint session Council meeting The Co"unnccil will take public comment on and EIR scoping the project and scope EIR issues. Council will endorse a preferred project description (Council meeting optional, that will be the basis of the EIR and scoping required under Specific Plan. Discussion will include EIR CEQA but does not need to scoping and alternatives. be a Council meeting) � .. . age+,, r, r •a .:, ,:.,. �,.. .. + :. a.., ., .,. ... m Winter 2010 Draft EIR released Open house— Public has an opportunity a i ty to review and 45 day public review period hosted by staff comment on the Draft EIR. Comments will during review period be responded to in the Final EIR (no meeting required under fs CEQA Spring 2010 Planning Commission Public Hearing Planning Commission will make Hearing recommendation on project and Final EIR (required by State Law Spring 2010 City Council Hearing Public Hearing City Council will make final decision on project and Final EIR. (required by State Law) FISCAL IMPACT' None. 78 ITEM NUMBER C-3 DATE. 07/14/09 19= e �ISCAD ERO Atascadero City Council Staff Report - Public Works Department SLOCOG Priorities for Interchange Operational Improvement Study RECOMMENDATION Council confirm staff's project rankings of potential SLOCOG funding of future projects based on the Interchange Operational Improvement Study DISCUSSION Background. On February 29, 2008 the City Council received a report from the City's traffic consultant W-Trans on the need for future interchange improvements for the City's eight Highway 101 interchanges The report outlined the benefit of round-a-bouts as a cost effective solution to the need for improved traffic efficiencies The eight interchanges were built with the construction of US 101 in the 1950's. The bridges and underpasses for the interchanges were constructed with one travel lane in each direction and no left hand turn pockets at the US 101 onramps Frontage roads, at the interchanges, were left very close to the freeway onramps To this day US 101 bisects Atascadero, creating bottle necks for vehicles at these interchanges. These interchange designs worked well in the 60's and 70's when traffic volumes were low Now with much higher traffic volumes, some of the interchanges operate at a very low level of service during peak times The City of Atascadero and the San Luis Obispo Council of Governments jointly funded the W-Trans study to investigate cost effective solutions The W-Trans staff has extensive experience applying traffic engineering and transportation planning techniques to projects with themes of traffic calming, livability and smart growth, including the use of round-a-bouts They are also the traffic engineer for the Walmart EI R. 79 ITEM NUMBER C-3 DATE. 07/14/09 The following interchanges were chosen to study, 1 Santa Barbara Road 2 Santa Rosa Road 3 Curbaril Ave 4 Traffic Way 5 San Anselmo Ave 6 Del Rio Road The limit of the study of the interchanges was from El Camino Real to the frontage roads on the west side of US 101 This study identified specific short and long term improvements that will increase the level of service and improve the operations of the interchanges Many of the recommendations have already been put in place The main long term solutions W-Trans indentified for the interchanges were roundabouts at the intersections of the ramps, bridge and frontage roads These will mitigate delay and blocking of the bridge by vehicles trying to turn onto US 101 without needing to widen the existing overpasses A key component of implementing the plan will be for staff to seek out potential funding opportunities to implement the long term improvements. In this effort staff has been working with SLOCOG to provide a long term "wish list" to SLOCOG so that they may include priority projects in their transportation project planning Analysis. Staff has taken the information from the W-Trans study and evaluated the eight potential intersection projects with respect to the following key elements , • Current traffic Level of Service (LOS)Future traffic Level of Service • Traffic accident data • Projected peak hour traffic volumes • Construction Costs • Required right-of-way acquisition and costs • Enhances economic development goals of the current City Council • Overall project feasibility The following table summarizes some of the data taken into account when ranking the sites and their overall project impacts The sites were ranked 1-6, highest to lowest. Accident R-O-W Ex. Future Exist. Future EconomicOverall Total Rank Interchange History Acquisition Volume Volume LOS LOS Dev. Cost OF is. Score 1 Traffic Way 6 3 1 2 1 1 2 3 1 20 2 Curbaril Ave 2 2 2 3 2 2 3 4 4 24 3 S Barbara Rd 3 1 5 6 6 3 6 1 2 33 4 Del Rio Road 5 4 6 1 5 4 1 5 3 34 5 S Anselmo Rd 4 5 3 4 4 6 5 2 5 38 6 Santa Rosa Rd 1 6 4 5 3 5 4 6 6 40 80 ITEM NUMBER C-3 DATE. 07/14/09 For comparison purposes, a standard bridge widening with signalized intersections at the Curbaril Avenue overpass would cost $11 1 million, while the round-a-bout solution at the same location would be approximately $2 6 to $4 0 million The estimated costs (in millions) of the interchange projects are as follows (from 2007 W-Trans report) 1 Traffic Way(SB) $2.231 2 Curbaril Avenue $2640 3 Santa Barbara Road (NB) $1 458 4 Del Rio Road $2750 5 San Anselmo Road $2.160 6 Santa Rosa Road $2975 The economic benefit ranking was a subjective analysis based on the staff's opinion that improvement at Del Rio Road will obviously help in the realization of the Walmart and Annex project, while the improvement at Traffic Way would provide a unique entry feature to the downtown area (similar to the Downtown Streetscape projects), similarly the remaining interchanges were evaluated as to their ability to stimulate additional retail or commercial growth in the adjacent areas The funding process for such projects is a long term process, however planning now will ensure that the City is in-line for funding as it becomes available in the future Other surface transportation projects, such as the current Santa Rosa Road and Atascadero Avenue rehabilitation projects, will also be brought forward in the near future for 1% r transportation grants and, or State and Federal funds Recommendation. Based on the above outlined criteria staff is recommending the following priority be assigned to the various interchange projects, (1) being highest priority- 1 Traffic Way round-a-bout at SB on-ramp 2 Curbaril Avenue Interchange 3 Santa Barbara Road round-a-bout at NB on-ramp 4 Del Rio Road Interchange 5 San Anselmo Road Interchange 6 Santa Rosa Road Interchange FISCAL IMPACT None ATTACHMENTS Attachment A. Exhibits from the Interchange Operational Improvement Study me 81 ,r may� '�,� s •:° �,� �,� �} k � ; Y } U 4b, ` t _ `�� kY ��":Hr It a..t4 t ��. '�•..� Y 4',� 46 , �,az • 4` t1 �,t , ^ a sir s,u afi, t / tie �"� �4 �� •� At 40 9.� 1.[ . . ._ xs� Il 9 NA,4. O CAl •. A • 4 s5 11 g. C" 5 `y zN� h]i.y t,. ��.... ...E �.1�..... _ �m.t_.......� .', J .............. TIE t. S1 Y > 1 t t i � t�'µ�,� t. t� r ' �xd r tag 7, ,—. 77-77717--7-" - � w A24 vt! `� J`l % ` r �. Myh I • ITEM NUMBER C-4 DATE. 07/14/09 n 1918 � X7-9 Atascadero City Council Staff Report - City Attorney's Office Council Norms and Procedures Consideration of Amendments RECOMMENDATION Council review the suggested amendments, make changes if desired, and approve the Council Norms and Procedures 2009 DISCUSSION The Council Norms and Procedures is a document originally created by the City Council as a guide relating to Council Member behavior Each year, during the Council's Strategic Planning Workshop, this document is reviewed by the current Council, amended if the Council desires, and then approved The City Council reviewed and made some changes to the Council Norms and Procedures at the Council's Strategic Planning Workshop on January 29, 2009 The Council directed staff to bring the document back to a regular Council meeting to allow the Council to review the changes suggested at the Strategic Planning Workshop, make more changes if necessary, and approve the document for 2009 Staff brought this document to the Council on February 24, 2009 where they approved the changes suggested in January After some discussion, the Council asked staff to bring back the document at a future meeting with the additional amendments they had discussed Based on the Council's discussion in February, the attached Draft Council Norms and Procedures includes Council's suggested changes to the document. The Council will review the document, make additional changes if desired, and approve the document for 2009 FISCAL IMPACT. None ATTACHMENT- Draft Council Norms and Procedures 2009 85 '9 1979 DRAFT CITY OF ATASCADERO COUNCIL NORMS AND PROCEDURES (2009) GENERAL • To take courageous action when necessary to keep the City of Atascadero a well run, well managed innovative City • Council provides leadership and participates in regional, state and national programs and meetings • Council looks to Commissions and Committees for independent advice • Other community leaders are consulted in the decision making process when appropriate • There is extensive citizen participation and work on City programs and documents • There are numerous meetings, other than regular Council meetings • We stress training for staff, Council, and Commission members • Council Members will inform the City Manager's Administrative Assistant when they will be out of town as early as possible and it will be put on the Council Calendar • Council Members get the same information as much as possible citizen complaints, letters, background, etc • Council Members will determine which specific Commission packets they want to receive • Use technology to improve information flow and communications 86 ; , Council Norms and Procedures (2009) Page 3 of 10 COUNCIL VALUES • The Council and City Manager are a participatory team • The Council values high energy, open mindedness, and achievement orientation • Council Members will care and have respect for each other as individuals • Council Members will be straightforward, with no hidden agendas • The City Council values humor • Traditions are respected, but not binding COUNCIL INTERACTION AND COMMUNICATION • Individuals are responsible to initiate resolution of problems A.S.A.P and not let them fester • City Council will not direct cheap shots at each other during public meetings, in the press, or any other place/time • Relationships are informal, but not casual in public [beware of impact on, and perception of, public] • Council Members will be flexible in covering for each other • Council Members that are the Complainant on an issue before the Council must declare their involvement in the issue before the item is reviewed by the Council • Council Committees - Committee areas belong to the whole Council, they are not seen as territorial - Committees are responsible to keep rest of Council informed, and other members are responsible for letting committee know if they want more information or to give input. - Before committees start moving in new direction, they will get direction from the rest of Council 87 CouncE Norms and Procedures (2009) Page 4 of 10 - Committee reports will be made under Council Reports, when appropriate - Committee summaries will be sent on an interim basis to update other Council Members on o Issues being discussed o Options being considered o Progress • Council and committees will give clear and focused direction as early as possible COUNCIL INTERACTION AND COMMUNICATION WITH STAFF City Manager • Council Members should always feel free to go to the City Manager • When a Council Member is unhappy about a department, he/she should always talk it over with the City Manager and/or the Assistant City Manager - not the department head • Concerns about a department head must be taken to the City Manager only • Critical information will be passed to all City Council Members by appropriate personnel • The Council will provide ongoing feedback, information, and perceptions to the City Manager, including some response to written communications requesting feedback. The City Manager or the Assistant City Manager deals with issues that cross department boundaries • Avoid giving direction individually to the City Manager via email, the majority of the Council should give the City Manager direction as a formal body 88 Council Norms and Procedures (2009) Page 5 of 10 Staff in General • Council can talk with department heads if asking for information, assistance or follow up • Council will always be informed by staff when an unusual event occurs that the public would be concerned about, i e , anyone wounded by gunfire, area cordoned off by police or fire, etc • The Council and staff will not blind side each other in public, if there is an issue or a question a Council Member has on an agenda item, that member will contact staff prior to the meeting City Attorney • Contract Attorney will routinely forward relevant new legislation to the City Council • City Attorney shall be pro-active with Council, Manager and Staff when and where appropriate • City Attorney to regularly consult with Council on items of concern on upcoming agenda at the earliest time possible • City Attorney will track Commissions' actions, agenda of City Council and committees for needed input. • City Attorney to pro-actively inform and protect City Council Members from potential violations and conflicts COUNCIL EMAIL COMMUNICATIONS • Think carefully before responding to any e-mail, never reply when angry or in a bad mood Do not make derogatory personal comments • Do not reply to an e-mail if the reply will be directed to a majority of the Council • Do not take a position or make a commitment on matters yet to be decided by the Council Remember, even if you don't do it, your e-mail can be forwarded by others to a majority of the Council 89 Coun:-.11 Norms and Procedures (2009) Page 6 of 10 • Do not give instructions via email or otherwise to Staff under the managerial control of the City Manager • If e-mailing the entire Council, do so only to provide information, and do not solicit a response COUNCIL OPTIONS FOR KEEPING INFORMED • Read Commission Minutes in order to find out what is being worked on Read documents on Planning items ® City Manager will discuss future Agenda topics with Council Members • Council Members will do their homework. • There is extensive use of staff and Commission reports, and Commission minutes • Regular meeting with City Manager MAYOR'S ROLE • Each Mayor is unique, the role is defined by the person, based on that person's style ® The Mayor is the spokesperson for the City * The Mayor will inform the Council of any informal correspondence sent out to anyone in relation to City business - use e-mail whenever possible • The Mayor communicates with Commission Chairs 90 Council Norms and Procedures (2009) Page 7 of 10 CITIZEN COMPLAINTS • Staff will attach their response to the copy of the letter received when sending to Council • By City Manager discretion, Council will be informed of significant, urgent and repetitive complaints • Staff will draft a response for Council's use for responding to the public. Letters over Council signatures will be reviewed by the signer before sent. • Council should not attempt to fix Citizens' problems on their own, it will be referred to the City Manager • Responses to citizens are customized • Copies of responses to be included in individual packets • If a Council Member wants action based on a citizen's complaint, they should go through the City Manager's office to ensure it gets into the tracking system • The level of detail in written responses will be selective • Generally, communications are acknowledged with discretion PUBLIC MEETINGS • City Manager sets the Agenda for regular City Council meetings — per the Ordinance • Public comment shall be received on all action items • Any Council Member can place an item on the agenda under Council Announcements and Reports • City Council Members will treat everyone equally and with courtesy • Corrections to minutes are passed to the City Clerk before the meeting • Each member may share his/her views about the issue and the reasons for his/her vote 91 C;c uncii Norms and Procedures (2009) Fuge 9 of 10 When feasible, audio or video tape all public City Council meetings • Public Comment - Procedure will include Staff Report, questions from Council, applicant report, public comment, close Public Hearing, any staff response, and bring item back to Council for discussion - Once public comment is closed, further public input will not be allowed unless re-opened by Mayor - Applicant's comments shall be limited to a reasonable time - Public comments shall be limited to 3 minutes per speaker; per Municipal Code - It is acceptable to ask questions of a speaker for clarification - Each speaker will be thanked - Council will not respond until all public comment has been reviewed - Mayor allows other members to speak first and then gives his/her views and summarizes f Consent Calendar - There is judicious use of the Consent Calendar, such as minutes, routine City business, and things already approved in the budget. - If a Council Member has a question on a Consent Calendar item for their information only, they are to ask staff ahead of time, rather than having it pulled off for discussion during the meeting - Staff is prepared to report on every agenda item Voting - Everyone speaks before a motion - Attempts will be made to get consensus on significant policy issues IWAO 92 Council Norms and Procedures (2009) VOW Page 9 of 10 - Department heads will generally attend every meeting, other staff attendance at Council meetings is at the City Manager's discretion - Council Member discussions will not be redundant if they concur with what has already been said • Closed Session - Council will get written reports for Closed Session items as much as possible, these reports are to be turned in at the end of the meeting - City Manager will ask for pre-meeting closed sessions if it will save the City money (due to consultant fees, etc ), to be held no earlier than 5 00 p m - No violation of Closed Session confidentiality • Special Meetings - Special meetings may be called by Mayor, or a majority of the Council, pursuant to the Brown Act. COMMISSIONS • Problem solving issues with Commissions will be done as much as possible with chairs and vice chairs • Commission chairs meet quarterly with the Mayor and Mayor Pro Tem to provide feedback and be kept informed • Commission needs - To know Council vision, community vision, and General Plan 2025 - Understanding of their roles and authority - To know annual prioritized goals of the City Council - All commissioners receive an annual training • Criteria for commissioner for re-appointment (and in extreme cases, removal) shall include 93 Council Norms and Procedures (2009) Page 10 of 10 A - Issues of conflicts of interest. - Attendance (missing two meetings without excuse) - Support of General Plan - Respect for staff/public - Working for community versus personal purposes 4400 94 ITEM NUMBER. C-5 DATE. 07/14/09 r a M r r r, r r tietia e Atascadero City Council Staff Report- City Manager's Office City Council Relations with Staff — Amend Ordinance RECOMMENDATION. Council directed that the Ordinance regulating meetings with staff be placed on the agenda for amendment. If the Council decides to amend the Ordinance to eliminate the restrictions on meetings with staff, then the Council must: Introduce for first reading by title only the Draft Ordinance amending the Atascadero Municipal Code by amending Chapter 4, 9 and 13 to Title 2 DISCUSSION The City Council (O'Malley, Pacas, Luna and Clay) in October 2006 directed staff to prepare an Ordinance regulating the attendance of Council Members and Commissioners with staff The issue was part of a larger discussion regarding the conduct of Council Members and Commissioners including their respective norms. A draft Ordinance (Attachment 1) was submitted to the City Council (Luna, Brennler, Beraud, Clay and O'Malley) December 12, 2006 and introduced for first reading by a unanimous vote The Ordinance was approved on January 9, 2007 again by a unanimous vote The Ordinance added the following provision for Council Members to the Code AMC 2-4.18(c) Council Members shall not attend internal staff meetings or meetings between City staff and third persons unless invited by City staff or directed by Council to do so Council Members may attend meetings of private organizations that staff may attend Council Members may attend any public meeting of the City or any public agency 95 ITEM NUMBER. C-5 DATE. 07/14/09 The Ordinance added the following provision for Commissioners to the Code AMC 2-9.09(d) and 2-13.13(d) Commissioners shall not attend internal staff meetings or meetings between City staff and third persons unless invited by City staff or directed by Council to do so Commissioners may attend meetings of private organizations that staff may attend Commissioners may attend any public meeting of the City or any public agency The current City Council at the Strategic Planning workshop directed staff to place this item on the agenda for amendments to the provisions regulating meetings with City staff The regulations appear in three areas of the City's Municipal Code as they are specific to the Council, Parks and Recreation Commission and Planning Commission. The draft Ordinance (Attachment 2) would amend the City Code by eliminating section (c) from 2-4 18 Relations to Council, and section (d) from 2-9 09 Planning Commission — Relations to Council and Staff, and section (d) from 2-13 13 Parks and Recreation Commission — Relations to Council and Staff FISCAL IMPACT None ATTACHMENTS Attachment 1 - Ordinance No 504 Attachment 2 - Draft Ordinance amending chapters 4, 9 and 13 of Title 2 96 ITEM NUMBER. C 5 DATE 07/14/09 ORDINANCE NO.504 ... AN ORDINANCE OF"I'HE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION 2-4.38 ANIS ADDING SECTIONS 2-9.09 AND 2-13.1.3 TO THE ATASCADER0 MUNICIPAL CODE RELATING TO THE RELATIONSHIP BETWEEN COUNCIL AND COMMISSIONERS TO STAFF VaOREAS, the City Council of the City of Atascadero has previously adopted Atascadero Municipal Code section 2-4.18 concerning the relationship between the council and staff;and "AfHEREAS, the City Council desires to adopt similar provisions for the relationship between the Planning Commission and the Parks and Recreation Commission and staff;and WREREAS,the City Council of the City of Atascadero, finds that the following changes to the Atascadlero Municipal Code are reasonably necessary to promote the health,safety and welfare -of the citizens of Atascaderc. NOIA' THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO does ordain as follows: Section 1. The City Council hereby adapts the recitals contained above as findings to support the adoption of an ordinance concerning the relationship to tate council members and commissioners to WM staff. Section 2. Section 2-4.18 of the Atascadero Municipal Code i5 h=by amended to read in full.as follows: 24.18 Relations to Council.. (a) The City Council and its members shall deal with the administrative services of the City only through the City Manager,except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City It Ager The City Manager shall take his orders and instructions from the City Cound I only when sitting in a duty convened meeting of the City Council,and no individual Council member shall give any orders or instructions to the City Manager. The City Council shall instruct the City Manager in matters of policy. Any action„ determination or omission of the City Manager shall be subject to review by the City Council.The City Council may not overrule,change or modify any such action,detemtination or omission except by the affirmative vote of at least three(3)members of the City Council. (b) Council Members shall not attempt to coerce or influence staff in the making of appointments, the awarding of contracts,the selection.of consultants,the processing of development applications, or the granting of City licenses or permits. Council. Members shall not attempt to change or interfere with the operating policies and practices of any City department, .■ (c) Council Members shall not attend internal staff=meetings or meetings between City staff and tlurd persons unless invited by City staff lir+direeted by Council to do so. Council Members may 97 ITEM NUMBER C - 5 DATE. 07/14/09 City ofA►tascadero Ordinance No.504 Page 2 of 3 attend meetings of private organizations that staff may attend. Council Members may attend any public meeting of the City or any public agency Section 3. Section 2-9 09 of the Atascadero Municipal Code is hereby added to read in full as follows: 2-9.09 Planning Commission—Relations to Council and Std (a) The City Council establishes policies citywide and specifically as they relate to the duties:of the Planning Commission. The Planning Commission is advisor to the Council except where the Council has delegated specific authority to the Commission. City Staff administers the policies of the Council,forwards recomineridations of the Commission to the Council and administers Planning Commission actions on. issues delegated to the Commission by the Council, The Planning Commission may recommend to the Council topiC;s to be included in the City's work program. (b) The Commission and its members shall work through the Community Development .Director, except for the purpose of inquiry,in carrying out the Commission's responsibilities. (c) Commissioners shall not attempt to coerce or influence staff'in the malting ai appointments,the awarding of contracts, the.selection of consultants, the processing of development applications, or the granting of City licenses or permits. Commissioners shall not attempt to change or interfere with the oprmting pnheier,and practices:of any City department. (d) Commissioners shall not attend internal staff meetings or meetings between City staff and third persons unless invited by City staff"or directed by Council to do so. Conunissioiners may attend meetings of ovate organizations that staff may attend. Commissioners may attend any public meeting of the City or any public agency Section 4. Section 2-13.13 of the Atascadero Municipal Code is hereby added to read in full as follows: 2-13.1.3 Parks and Recreation Commission_:Relations to Council and Staff' (a) The City Council establishes policies citywide and specifically as they relate to the duties of the Parks and Recreation Commission. The Parks and Recteation Commission is advisory to the Council except where the Gnincill has delegated specific authority to the Commission, City Staff adintaistera the polioses of the City Council, forwards recommendations of the Commission to the Council and administers Parks and Recreation Commission aeon on issues delegated to the Commission by the Council. 1be Parks and Recreation Commission may recommend to the Council topics to ae included.in the City's work program. (b) The Commission and its members shall work through the Community Services Director,kept for the purpose of inquiry, in carrying out the Commission's responsibilities. (c) Commissioners shall not attempt tor coerce or influence staff in the making of appointments,tite awarding of contmets, the selection of consultants, the proyessmg of development applications, or the granting of City licenses or permits. Comitiissionen shall not attempt to change or interfere with the operating policies and practices of any City department. 98 ITEM NUMBER C-5 DATE. 07/14/08 City of Atascadero Ordinance No.504 Page 3 of 3 (d) Commissioners shall not attend internal staff meetings or meeting between City staff and third persons unless invited by City staff or directed by Council to do so. Commissioners may attend meetings of private organizations that staff may attend. Commissioners may attend any public meeting of the City or any public agency Section a. All other provisions and sections of the Atascadero Municipal Code in effect on the days preceding the passage of this ordinance shall remain in full force and effect upon passage of this ordinance,. Section 6. This ordinance shall not be interpreted in any manner in conflict with controlling; provisions of Stage law including without limitation,the Constitution of the State of CaIifDmia. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the retraining sections, subsections and clauses skull not be affected thereby The City Council hereby declares that it would have passed each section, subsection, subdivision,paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections,subdivisions,paragraphs, sentences, clauses or phrases are declared unconstitutional,invalid or ineffective. Section 7 The Mayor shall sign this Ordinance and the City Clerk.shall attest thereto and shall within fifteen(15)days of its adoption cause it or a summary of it to be published in the Atascadero Nmvs,a newspaper published and circulated in the City of Atascadero;and thereupon and thereafter this Ordinance shall take effect and be in.force according to law INTRODUCED at a regular meeting of the City Council held on December 12,2006,and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California,on January 9, 2007,by the following tali call vote: AYES. Council Members$6raud,Brerinler,Clay,O'Malley and Mayor Luna NOES. None ABSTAIN: None ABSENT None ATTEST ` Marcia.McClure Torgerson,C.M q.,City Cierk George, una,Mayor APPROV,EDAS TO ; 7 � Patti ,.En�W City Attorney *r 99 ITEM NUMBER C- 5 DATE 07/14/09 DRAFT ORDINANCE *00 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION 2-4.18, 2-9.09 AND 2-13 13 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE RELATIONSHIP BETWEEN COUNCIL AND COMMISSIONERS TO STAFF WHEREAS, the City Council of the City of Atascadero has previously adopted Atascadero Municipal Code section 2-4 18, 2-9 09 and 2-13 13 concerning the relationship between the City Council and staff, and, WHEREAS, the City Council desires to amend section 2-4 18 to allow Council Members to attend certain meetings with staff; and, WHEREAS, the City Council desires to amend sections 2-9 09 and 2-13 13 to allow Commissioners to attend certain meetings with staff; and, WHEREAS, the City Council of the City of Atascadero finds that the following changes to the Atascadero Municipal Code are reasonably necessary to promote the health, safety and welfare of the citizens of Atascadero NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO does ordain as follows Section 1. Section 2-4 18 of the Atascadero Municipal Code is hereby amended by eliminating section (c) Section 2. Section 2-9 09 of the Atascadero Municipal Code is hereby amended by eliminating section (d) Section 3. Section 2-13 13 of the Atascadero Municipal Code is hereby amended by eliminating section (d) Section 4 All other provisions and sections of the Atascadero Municipal Code in effect on the days preceding the passage of this ordinance shall remain in full force and effect upon passage of this ordinance Section 5 The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it or a summary of it to be published in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and thereupon and thereafter this Ordinance shall take effect and be in force according to law 100 ITEM NUMBER. C 5 DATE. 07/14/09 INTRODUCED at a regular meeting of the City Council held on , and PASSED and *4W ADOPTED by the City Council of the City of Atascadero, State of California, on , by the following roll call vote. AYES NOES ABSTAIN ABSENT CITY OF ATASCADERO Ellen Beraud, Mayor ATTEST Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM. Brian A. Pierik, City Attorney 101 _ ITEM NUMBER. C-6 DATE. 07/14/09 " r Atascadero City Council Staff Report - City Attorney's Office Repeal Atascadero Campaign Ordinance RECOMMENDATION. Council directed that the Campaign Ordinance be placed on the agenda for repeal If the Council decides to repeal the Campaign Ordinance, then the Council must: Introduce for first reading by title only the Draft Ordinance amending the Atascadero Municipal Code by repealing Chapter 19 to Title 2, repealing an ordinance to be known as "Atascadero Campaign Ordinance " DISCUSSION The City Council at its Strategic Planning workshop on March 25, 2009, directed staff to place an item on the agenda to provide for the repeal of the Atascadero Campaign Ordinance The Ordinance was approved for first reading on October 28, 2008 following a series of Council discussions and workshops including those of a Council Committee established to work on "Public Trust." At the August 12, 2008 meeting of the City Council, the Council directed the City Attorney to prepare a draft campaign ordinance to include a voluntary expenditure limit and a reduction in the contribution amount which triggers late contribution reports At the September 23, 2008 meeting of the City Council, a draft Campaign Ordinance was presented to the City Council along with a staff report by the City Attorney The City Council directed the City Attorney to revise the Campaign Ordinance to include a $12,000 voluntary expenditure limit for City Council candidates and a reduction in the late contribution reporting requirement from $1000 to $250 The City Council approved a motion directing that all FPPC Form 460s be posted on the City's website The City Attorney prepared the Campaign Ordinance which was approved by the City Council for first reading October 28, 2008 on a 3-2 vote The second reading of the Campaign Ordinance was on November 25, 2008, and the ordinance became effective 103 ITEM NUMBER. C-6 DATE. 07/14/09 30 days later on December 25, 2008 There have been no elections for City Council since the Campaign Ordinance became effective The repeal of the Ordinance would not modify the requirement to place FPPC Form 460s on the City's website FISCAL IMPACT The fiscal impact of the adoption of this Ordinance will eliminate cost of implementation of the Atascadero Campaign Ordinance which would include processing of Declaration of Candidacy Statements, calculation of expenditure limit for each election, public noticing requirements, press releases, postings on the website and processing of additional Late Contribution Reports ATTACHMENT Draft Ordinance repealing the Atascadero Campaign Ordinance 104 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY REPEALING CHAPTER 19 TO TITLE 2 REPEALING ORDINANCE KNOWN AS "ATASCADERO CAMPAIGN ORDINANCE" WHEREAS, the City Council desires to repeal an ordinance providing for a voluntary expenditure limit on campaigns by City Council candidates, and, WHEREAS, the City Council further desires to repeal an ordinance providing incentives and benefits to encourage candidates to comply with the voluntary expenditure limit; and, WHEREAS, the City Council further desires to repeal an ordinance reducing the dollar amount requirement for late contributions from the requirement set by State law NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS The City Council of the City of Atascadero hereby amends Title 2 of the Municipal Code by repealing Chapter 19 known as the "Atascadero Campaign Ordinance." SECTION THREE. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of Califorma, on by the following roll call vote. AYES NOES ABSTAIN ABSENT 105 ATTEST CITY OF ATASCADERO Marcia McClure Torgerson, C.M.0 , City Clerk Ellen Beraud, Mayor APPROVED AS TO FORM. Brian Pienk, City Attorney 106