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HomeMy WebLinkAboutAgenda 101309 & Cancellation Notice PUBLIC NOTICE The ATASCADERO CITY COUNCIL cancelled their meeting of October 13, 2009 due to the power outage that was the result of a storm. ****************** The next Regular Session scheduled for the City Council is October 27 2009. All items on the October 13 agenda are being continued to the October 27th meeting. STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) CITY OF ATASCADERO ) MARCIA MCCLURE TORGERSON C M.0, being fully sworn, deposes, and says: That she is the duly elected City Clerk of the City of Atascadero and that on October 14, 2009 she caused the above Notice to be posted at City Hall,6907 EI Camino Real,Atascadero, California. I /I N 1 MARCIA MCCLURE TORGERSON C City Clerk City of Atascadero I r(r �. 1191 ' r �I '�'e CITY OF ATASCADERO .�. ` CITY COUNCIL AGENDA Tuesday, October 13, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session 5 30 P M City Council Regular Session 6 00 P M CITY COUNCIL CLOSED SESSION 5 30 P M. 1 PUBLIC COMMENT— CLOSED SESSION 2. CALL TO ORDER a. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956 9(a)) Souza Construction Inc v City of Atascadero Case No LC 09859 3. ADJOURN CLOSED SESSION REPORT am REGULAR SESSION 6 00 P M. em PLEDGE OF ALLEGIANCE Mayor Beraud ROLL CALL. Mayor Beraud Mayor Pro Tem Fonzi Council Member Clay Council Member Kelley Council Member O'Malley APPROVAL OF AGENDA. Roll Call PRESENTATION 1 Presentation to the Council by Michael E. Manchak, President and CEO of the Economic Vitality Corporation A. CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken DRAFT MINUTES Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting ) 1 City Council Meeting Draft Minutes — September 8, 2009 ■ Recommendation. Council approve the Draft Meeting Minutes of September 8, 2009 [City Clerk] 2. Annual Pavement Markings Award Bid Number 2009-012 ■ Fiscal Impact: Approval of this agreement will result in the expenditure of $ 42,943 00 for Fiscal Year 2009-2010 and $ 42,943 00 for Fiscal Year 2010-2011 from previously allocated Street Maintenance funds ■ Recommendation. Council authorize the City Manager to execute a contract with Toste Construction in the amount of $85,886 00 for two years of annual Pavement Marking Services [Public Works] 3. Commitment to California Energy Commission's "Energv Partnership Program" e► Fiscal Impact: There will be no immediate fiscal impact other than minor administrative and operations staff time to assist the energy audit team to access City facilities However the results of the energy audits will likely trigger the development of energy savings programs and future projects that will require staff time to file grant applications, and pursue stimulus program funding opportunities Any future projects or energy programs would be brought back to the City Council for further discussion once they are further defined Any equipment or construction projects would be contingent on acquiring suitable funding sources ■ Recommendation. Council adopt the attached Draft Resolution authorizing the Director of Public Works to execute all necessary documents to implement the Energy Partnership Program through the California Energy Commission [Public Works] UPDATES FROM THE CITY MANAGER (The City Manager will give an oral report on any current issues of concern to the City Council ) COMMUNITY FORUM (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction Speakers are limited to three minutes Please state your name for the record before making your presentation The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council ) B. PUBLIC HEARINGS 1 Report on Moratorium on the Establishment and Operation of Medical Marijuana Facilities and Draft Ordinance Prohibiting Medical Marijuana Facilities ■ Ex Parte Communications. ■ Fiscal Impact: None ■ Recommendations. Council 1 Adopt an Interim Urgency Ordinance extending the 45-day moratorium on the establishment and operation of medical marijuana facilities for a period of 10 months and 15 days through September 8, 2010, and, 2 Refer to the Planning Commission for consideration of a draft ordinance to repeal existing ordinances regarding medical marijuana VMW and adopt an ordinance prohibiting the establishment and operation of medical marijuana facilities in the City [City Attorney] 2. Community Facilities District 2005-1 - Annexation No. 4 (West Front Village) ■ Ex Parte Communications. ■ Description. Establishment of annexation No 4 (West Front Village) to fund new police, fire, and park services for this development. ■ Fiscal Impact- Creation of the CFD is required to mitigate the fiscal impact of residential development on the City The CFD will create a revenue source for public safety personnel that will be revenue positive to the City ■ Recommendations. 1 Council conduct the public hearing on the proposed annexation, and direct the City Clerk to collect and count the ballots Council to recess until ballots are counted 2 Council adopt draft Resolution A, making certain findings, certifying the results of an election and adding property to Community Facilities District No 2005-1 (Public Services), Annexation No 4 (West Front Village) [Community Development] 3 Title 9 Planning and Zoning Text Amendment - PLN 2009-1335 / ZCH 2009-0155 (City of Atascadero) ■ Ex Parte Communications. ■ Fiscal Impact: None ■ Recommendations. The Planning Commission recommended that City Council adopt the Draft Ordinance A, to approve PLN 2009-1335 (Zone Text Change 2009-0155) based on findings Based on additional research since the Planning Commission hearing, staff recommends the City Council Introduce for first reading by title only the Draft Ordinance A, approving PLN 2009-1335 (Zone Text Change 2009-0155) based on findings, as recommended by the Planning Commission, and 1 Remove the proposed changes regarding "licensed therapeutic massage" as a personal service from the proposed ordinance, and 2 Replace the term "mobilehome" with "manufactured home" under the sales lot definition [Community Development] C MANAGEMENT REPORTS .. 1 A Resolution Approvina the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Aareement and Related Documents with Respect to the Sale of the Seller's Proposition 1A Receivable from the State, and Directina and Authorizing Certain Other Actions in Connection Therewith ■ Fiscal Impact: Participation in the Proposition 1A Securitization Program would allow the City to receive approximately $645,000 in fiscal year 2009/2010 These funds would backfill the $645,000 in funds being borrowed by the State in fiscal year 2009/2010, to be repaid by the State on June 30, 2013 ■ Recommendation. Council adopt the Draft Resolution approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the City of Atascadero's Proposition 1A Receivable from the State, and directing and authorizing certain other actions in connection therewith [Administrative Services] COUNCIL ANNOUNCEMENTS AND REPORTS (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities Council Members may ask a question for clarification, make a referral to staff or take w�. action to have staff place a matter of business on a future agenda The Council may take action on items listed on the Agenda ) 1 Mayor Beraud Mayor Beraud is requesting the Council consider placing a City Council Resolution on a future agenda regarding bottled water and Styrofoam containers D COMMITTEE REPORTS (The following represent standing committees Informative status reports will be given, as felt necessary) 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 ftw 2 Finance Committee Council Member Clay 1 City/ Schools Committee VW Council Member Kelley 1 Atascadero State Hospital Advisory Committee 2 Atascadero Youth Task Force Council Member O'Malley 1 Economic Vitality Corporation, Board of Directors (EVC) 2 League of California Cities — Council Liaison and CITIPAC Board Member 3 SLO Council of Governments, Vice President (SLOCOG) 4 SLO Regional Transit Authority, Vice President (SLORTA) 5 Central Coast Regional Water Quality Control Board, Member (RWQCB) E. INDIVIDUAL DETERMINATION AND/OR ACTION 1 City Council 2 City Clerk 3 City Treasurer 4 City Attorney 5 City Manager F ADJOURNMENT Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the October 13, 2009 Regular Session of the Atascadero City Council was posted on October 6, 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 6th day of October 2009, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero low City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m unless there is a Community Redevelopment Agency meeting commencing at 6:00 p.m in which event the Council meeting will commence �rrr immediately following the conclusion of the Community Redevelopment Agency meeting Council meetings will be held at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office Council meetings are videotaped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400) In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400 Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1 Give your name for the record (not required) 2. State the nature of your business. 3 All comments are limited to 3 minutes. 4 All comments should be made to the Mayor and Council �rrr 5 No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council's attention A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council) TO SPEAK ON AGENDA ITEMS(from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern If you wish to speak for, against or comment in any way, 1 You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3 Make your statement 4 All comments should be made to the Mayor and Council 5 No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual absent or present 6 All comments limited to 3 minutes If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting Digital presentations must be brought to the meeting on a USB drive or CD You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy The Mayor will announce when the public comment period is closed, and thereafter no further public comments will be heard by the Council �rrr