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CITY OF A TASCADERO
\ � CITY COUNCIL
AGENDA
Tuesday, June 27, 2006
7:00 P.M.
City Hall
Council Chambers
6907 EI Camino Real
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
(Immediately Following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION:
2. CALL TO ORDER
a. Conference with legal counsel - anticipated litigation
Significant exposure to litigation pursuant to subdivision (b) of
Section 54596.9: One Case
3. ADJOURN:
4. CLOSED SESSION REPORT
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Pacas
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ROLL CALL: Mayor O'Malley
Mayor Pro Tem Pacas
Council Member Clay
Council Member Luna
Council Member (Vacant)
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 five 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.)
APPROVAL OF AGENDA: Roll Call
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
1. A possible measure on the November ballot regarding the commercial
development of the southeast corner of Del Rio and EI Camino Real -
Council Member Pacas
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.)
1. City Council Meeting Minutes - May 23, 2006
■ City Clerk Recommendation: Council approve the City Council meeting
minutes of May 23, 2006. [City Clerk]
2. City Council Special Joint Study Session Meeting Minutes— May 30,
2006
■ City Clerk Recommendation: Council approve the City Council Special
Joint Study Session meeting minutes of May 30, 2006. [City Clerk]
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3. 2006-2007 Annual Overlay Program / Curbaril Avenue Paving Project
(City Bid No. 2006-003)
■ Fiscal Impact: $112,770 from Local Transportation Funds (06/07 Road
Rehabilitation Projects) and $393,000 from Urban SHA Funds 2004/05 &
2005/06.
■ Recommendations: Council:
1. Authorize the City Manager to execute agreement with R. Burke
Construction for $409,766.00 for construction of the 2006-2007 Annual
Overlay Program — Curbaril Avenue Paving Project; and,
2. Authorize the Administrative Services Director to allocate $393,000.00
in Urban State Highway Account funds (SHA) toward the Curbaril
Avenue Paving Project. [Public Works]
4. Wastewater Treatment Plant Sludge Drying Bed Expansion Project (City
Bid No. 2006-008)
■ Fiscal Impact: $500,000 from budgeted Wastewater Funds and $164,000
from Wastewater Reserves. Total project expenditures of$664,000.
■ Recommendations: Council:
1. Authorize the City Manager to execute agreement with Raminha
Construction Inc. for $577,000.00 for construction of the Wastewater
Treatment Plant Sludge Drying Bed Expansion Project; and,
2. Authorize the Administrative Services Director to appropriate
$164,000.00 from the Wastewater Fund reserves. [Public Works]
5. Police Vehicle Purchase
■ Fiscal Impact: $68,076.35 including sales tax, shipping fees, mandatory
California tire fee, and $500/unit discount for payment within twenty (20)
days of receipt of invoice. Funds are provided in the 2006/2007 City
budget.
■ Recommendation: Council authorize the purchase of three (3)
replacement police vehicles from Downtown Ford Sales in Sacramento,
California. [Police]
B. PUBLIC HEARINGS:
1. Motorcycle and Noise Ordinance Amendments / ZCH 2006-0116 (City of
Atascadero)
■ Fiscal Impact: None.
■ Recommendations: Planning Commission recommends Council:
1. Introduce for first reading, by title only, Draft Ordinance A, approving
Zone Change 2006-0116 Part A amending the noise ordinance
pertaining to cost recovery; and,
2. Introduce for first reading, by title only, Draft Ordinance B, approving
Zone Change 2006-0116 Part B amending the zoning ordinance to
repeal motorcycle riding as an accessory residential use. [Police]
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2. Placing Sewer Service Charges on the 2006-2007 Property Tax Rolls
■ Fiscal Impact: The City will bill $1,622,651 in sanitation service charges
for Fiscal Year 2006-07.
• Recommendation: Council adopt the Draft Resolution placing sewer
service charges on the 2006-2007 property tax rolls. [Public Works]
3. Community Facilities District 2005-1 Annexation Nos. 2 (Morro Road), 3
(Tecorida), 4 (West Front), 5 (Dove Creek), and 6 (Vintage Homes)
• Description: Adoption of these Resolutions is part of the final necessary
steps for the establishment of Annexation Nos. 2, 3, 4, 5, and 6 (the
Annexations) to fund new police, fire, and park services for these
developments.
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Conduct the Public Hearings on each proposed Annexation, and direct
the City Clerk to collect and count the ballots.
Council to recess until ballots are counted.
2. 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. 2 (Morro Road); and,
3. Adopt Draft Resolution B, making certain findings, certifying the results
of an election and adding property to Community Facilities District No.
2005-1 (Public Services), Annexation No. 3 (Tecorida); and,
4. Adopt Draft Resolution C, 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); and,
5. Adopt Draft Resolution D, making certain findings, certifying the results
of an election and adding property to Community Facilities District No.
2005-1 (Public Services), Annexation No. 5 (Dove Creek); and,
6. Adopt Draft Resolution E, making certain findings, certifying the results
of an election and adding property to Community Facilities District No.
2005-1 (Public Services), Annexation No. 6 (Vintage Homes).
[Community Development]
C. MANAGEMENT REPORTS:
1. City Council Strategic Initiative — Improve the City's Financial Condition
— Consideration of Sales Tax Increase
■ Fiscal Impact: The total cost of placing the measures on the ballot is
estimated to be approximately $3,000, which would need to be
appropriated from the General Fund balance.
■ Recommendations: Council:
1. Review and approve the Draft Sales Tax Ordinance language; and,
2. Submit to the voters a sales tax ballot measure and advisory
measures. [Administrative Services]
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2. General Municipal Election November 7, 2006
■ Description: The City Council must -adopt resolutions to initiate the
election process, to combine our election with the County, to call a special
election to fill the position vacated by Council Member Scalise, and to
submit to the voters a sales tax ballot measure and advisory measures.
■ Fiscal Impact: The General Municipal Election is estimated to cost
approximately $20,000.00. The addition of the third Council Member on
the ballot is minimal. However, the addition of the ballot measure, and
advisory measure(s), is approximately$3,000.00.
■ Recommendations:
A. Council adopt the following Resolutions for the purpose of electing
three members to the City Council, a City Clerk, and a City
Treasurer:
1. Draft Resolution A, calling and giving notice of the holding of a
General Municipal Election to be held on Tuesday, November 7,
2006; and,
2. Draft Resolution B, requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal
Election to be held on November 7, 2006; and,
3. Draft Resolution C, calling and giving notice of the holding of a
Special Municipal Election to beheld on Tuesday, November 7,
2006; and,
4. Draft Resolution D, requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a Special Municipal
Election to be held on November 7, 2006.
B. Council adopt the following Resolutions for the purpose of electing
three members to the City Council, a City Clerk, and a City
Treasurer; and to submit to the voters a sales tax ballot
measure and advisory measures:
1. Draft Resolution C, calling and giving notice of the holding of a
Special Municipal Election to be held on Tuesday, November 7,
2006; and,
2. Draft Resolution D, requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a Special Municipal
Election to be held on November 7, 2006; and,
3. Draft Resolution E, calling and giving notice of the holding of a
General Municipal Election to beheld on Tuesday, November 7,
2006; and,
4. Draft Resolution F, requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal
Election to be held on November 7, 2006; and,
5. Draft Resolution G, setting priorities for filing written arguments
regarding a City measure and directing the City Attorney to
prepare an impartial analysis; and,
6. Draft Resolution H, providing for the filing of rebuttal arguments
for City measures submitted at Municipal Elections._[City Clerk]
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C. COMMITTEE & LIAISON REPORTS: (The following represent standing
committees. Informative status reports will be given, as felt necessary):
Mayor O'Malley
1. County Mayor's Round Table
2. Finance Committee
3. Air Pollution Control District (APCD)
4. Economic Vitality Corporation, Board of Directors (EVC)
5. League of California Cities — Grassroots Network
6. City / Schools Committee
7. Economic Opportunity Commission (EOC)
8. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority
(SLORTA)
Mayor Pro Tem Pacas
1.. Integrated Waste Management Authority (IWMA)
2. City/ Schools Committee
3. Atascadero Youth Task Force
Council Member Clay
1. S.L.O. County Flood Control & Water Conservation District Water Resources
Advisory Committee
2. Nacimiento Water Purveyors Contract Technical Advisory Group
3. North County Water Purveyors Group
Council Member Luna
1. Finance Committee
Council Member (Vacant)
1. Atascadero State Hospital Advisory Board
2. Local Agency Formation Commissions (LAFCO)
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
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E. 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, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the June 27, 2006 Regular Session of the Atascadero City Council was
posted on June 21, 2006 at the Atascadero City Hall, 6907 El Camino Real, Atascadero, CA 93422
and was available for public review in the Customer Service Center at that location.
Signed this 21stday of June, 2006 at Atascadero, California.
Marcia McClure Torgerson, C.M.C., City Cler
City of Atascadero
City of Atascadero
WELCOME TO THE'ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., 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 Central
Receptionist counter 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.
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 AGENDA ITEMS
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 podium. If
you wish to speak for, against or comment in any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address (not required)
• Make your statement
• All comments should be made to the Mayor and Council 0
• No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
• All comments limited to 5 minutes (unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no
one may speak more than twice on any item.
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. Access to hook up your laptop to the City's projector will 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
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:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
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 HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council
meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to
the City Manager's office in City Hall prior to the deadline.
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