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Agenda Packet 012610
CITY OF A TASCA©FRO CITY COUNCIL AGENDA Tuesday, January 26, 2010 City Hall Council Chambers 6907 El Camino Real, Atascadero, California Community Redevelopment Agency Special Meeting: 6:00 P.M. City Council: Immediately following the conclusion of the Community Redevelopment Agency meeting REDEVELOPMENT AGENCY SPECIAL MEETING: 6:00 P.M. CITY COUNCIL REGULAR SESSION: Immediately following the conclusion of the Redevelopment Agency Special Meeting PLEDGE OF ALLEGIANCE: Mayor Fonzi 1 ROLL CALL: Mayor Fonzi Mayor Pro Tem O'Malley Council Member Beraud Council Member Clay Council Member Kelley APPROVAL OF AGENDA: Roll Call A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken. DRAFT MINUTES: Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting.) 1. City Council Meeting Draft Minutes — November 24, 2009 ■ Recommendation: Council approve the Draft Meeting Minutes of November 24, 2009. [City Clerk] 2. City Council Meeting Draft Minutes — December 8, 2009 ■ Recommendation: Council approve the Draft Meeting Minutes of December 8, 2009. [City Clerk] 3. City Council Special Meeting Draft Minutes — December 8, 2009 • Recommendation: Council approve the Draft Special Meeting Minutes of December 8, 2009. [City Clerk] 4. Acceptance of the Offer of Dedication for Public Open Space and Access Easement on Lot 16, Tracts 2454, Phase I ■ Description: Lot lies along railroad west of Ferrocarril and north of Chico Road, on the east side of railroad right-of-way. ■ Fiscal Impact: The City's estimated costs for the upcoming 2010-2011 fiscal year are estimated to be $2,000 from currently budgeted general funds. The maintenance of the native tree plantings will be funded through the Native Tree Replacement Fund. ■ Recommendation: Council adopt the Draft Resolution accepting the Dedication of Public Open Space and Public Access Easement on Lot 16, Tracts 2454, Phase I, and accept the same area of dedication for maintenance. Public Works] ] 2 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: None. C. MANAGEMENT REPORTS: 1. City Facility Signage Policy ■ Fiscal Impact: The total impact of the new sign policy for City parks and facilities will result in an undetermined additional cost depending upon the size and materials used for individual signs. ■ Recommendation: Council provide direction regarding establishing a "City Facility Signage Policy" for City facility/park monuments and entry signage to include the City of Atascadero name and logo. [Community Services] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) 1. Council Member Beraud Council Member Beraud will be sharing The Homeless Enumeration Video, which was presented to the Homeless Services Oversight Council at their December 16, 2009, meeting. D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Fonzi 1. Air Pollution Control District 2. County Mayors Round Table 3. Economic Vitality Corporation, Board of Directors (EVC) 3 Mayor Pro Tem O'Malley 1. League of California Cities — Council Liaison and CITIPAC Board Member 2. SLO Council of Governments, President (SLOCOG) 3. SLO Regional Transit Authority, President (SLORTA) 4. Central Coast Regional Water Quality Control Board, Member (RWQCB) Council Member Beraud 1. City/ Schools Committee 2. Homeless Services Oversight Council 3. Integrated Waste Management Authority (IWMA) Council Member Clay 1. City/ Schools Committee Council Member Kelley 1. Atascadero State Hospital Advisory Committee 2. Atascadero Youth Task Force E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager a. Commission Attendance Reports 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 January 26, 2010 Regular Session of the Atascadero City Council was posted on January 19, 2010 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 19th day of January 2010, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero 4 City of Atascadero WELCOME TO THE ATASCADER0 CITY COUNCIL MEETING 'he City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a ,ommunity 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.orq. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. Council meetings are videotaped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Mayor and Council. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. 6 ITEM NUMBER: A- 1 DATE: 01/26/10 1 ssis' r »�9 CITY OF� A T�4 SC�4 DERO i.. C W1�a CITY COUNCIL DRAFT MINUTES Tuesday, November 24, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California Community Redevelopment Agency: 6:00 P.M. City Council: Immediately following the conclusion of the Community Redevelopment Agency meeting Mayor Beraud called the meeting to order at 7:00 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 CC Draft Minutes 11/24/09 Page 1 of 8 7 ITEM NUMBER: A- 1 DATE: 01/26/10 Staff Present: City Manager Wade McKinney, Community Development Director Warren Frace Public Works Director Russ Thompson Community Services Director Brady Cherry, Police Commander Steve Gesell, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA: Roll Call MOTION: By Mayor Pro Tem Fonzi and seconded by Council Member Clay to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Commendation Recognizing George Dodge for Outstanding Contributions to the Community Council Member O'Malley read the proclamation for George Dodge. Mr. Dodge expressed his appreciation to the Council for being recognized for this labor of love. 2. Presentation by Colony Days Committee on 2009 Colony Days Event Steve Martin, Colony Days Committee representative, gave a summary of the events that took place at the Colony Days event in October, and showed a DVD of some highlights of the parade. A. CONSENT CALENDAR: 1. City Council Meeting Draft Minutes — October 27, 2009 ■ Recommendation: Council approve the Draft Meeting Minutes of October 27, 2009. [City Clerk] 2. July 2009 Accounts Payable and Payroll ■ Fiscal Impact: $3,372,304.75. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for July 2009. [Administrative Services] CC Draft Minutes 11/24/09 Page 2 of 8 8 ITEM NUMBER: A - 1 DATE: 01126/10 3. August 2009 Accounts Payable and Payroll ® Fiscal Impact: $2,618,227.57. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for August 2009. [Administrative Services] 4. September 2009 Accounts Pavable and Payroll ■ Fiscal Impact: $2,550,075.66. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for September 2009. [Administrative Services] 5. Temporary Road Closure and Tow-Away Zone — Atascadero Main Street Winter Wonderland ■ Fiscal Impact: $600.00 in staff time to place and remove "Road Closed" signs, detour signs and barricades. ■ Recommendation: Council approve the attached draft Resolution authorizing tow away zones for the annual Winter Wonderland event on December 11, 2009. [Public Works] MOTION: By Council Member Clay and seconded by Mayor Pro Tem Fonzi to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (Kelley abstained on #A- 1 due to being absent at that meeting.) (#A-5: Resolution No. 2009-092) UPDATES FROM THE CITY MANAGER: City Manager Wade McKinney explained that the Council that the California Regional Water Quality Control Board has accepted Atascadero into the Storm Water Management Plan. The Board did make several changes to Atascadero's Plan and are requiring the City to adopt those changes by December 23, 2009. The notification letter and the recommended changes are on the City's website for the public's review. The most significant required change is that they want the City to create a greater creek setback/buffer than is already established as they feel our current creek setbacks/buffers are insufficient. Staff will be bringing this issue to the Council on December 8th Community Development Director Warren Frace updated the Council on a few economic development projects. He explained that the WalMart project is getting ready for re-submittal. CC Draft Minutes 11/24/09 Page 3 of 8 9 ITEM NUMBER: A- 1 DATE: 01/26/10 Mr. Frace also explained that the Colony Square project expect to be doing the underground plumbing and electrical the week of December 7tH. Concrete work will be next. COMMUNITY FORUM: Heather Young reminded everyone of the Art and Wine Tour being held next Friday. Mitch Paskin, who lives on San Marcos Road, explained that he still has concerns regarding the safety of the roads in his area. Lee Perkins asked what has happened to the recommendations of the City's Economic Study. Also, she recognized Mayor Beraud and stated that Ellen has been a memorable Mayor. Tom Comar thanked Mayor Beraud for her service as Mayor, even though at times she has been in the minority. Jim Shannon thanked Mayor Beraud for her service as Mayor and the rest of the Council for their service too. He also thanked City staff for their work assisting the Council. Mr. Shannon also stated that he is pleased with the progress the City has shown. Barbie Butz, representing Coats for Kids, announced that they will be distributing coats at the Atascadero Armory on December 17tH Mayor Beraud closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: None. C. MANAGEMENT REPORTS: 1. AB 811 Municipal Clean Energy Financing Pilot ProgramContract Authorization for PowerHouse Services, Inc. ■ Fiscal Impact: The direct cost of the contract to the City of Atascadero will be less than less than $1000 to cover incidental expenses. The consultant will be compensated through the sale of the $750,000 in bonds that will finance the installation of energy efficient improvements. Staff time is not expected to exceed 200 hours. Long term, the City will be responsible for administering the assessment district and responding to program issues. Staff estimates this to be less than 50 hours annually. CC Draft Minutes 11/24/09 Page 4 of 8 10 ITEM NUMBER: A- 1 DATE: 01/26/10 Recommendation: Council authorize the City Manager to enter into 8, contract with PowerHouse Services, Inc., to administer an "AB 811" pilot program within the City of Atascadero. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council. JP McNeill, CEO of PowerHouse Services, explained the Clean Energy Program and answered questions of the Council. PUBLIC COMMENT: Ray Weymann thanked the City staff for choosing PowerHouse Services as he felt their proposal was excellent. He agreed that energy improvements save money. He urged the Council to adopt this program. Lee Perkins complimented PowerHouse Services on their proposal. Ken Smokoska, representative of the Labor Management Cooperation Committee for the International Brotherhood of Electrical Workers and the National Electrical Contractors Association, stated they strongly support this proposal and hope that Atascadero can expand the program in the future. Mayor Beraud closed the Public Comment period. All Council Members stated that they support this program. MOTION: By Mayor Beraud and seconded by Mayor Pro Tem Fonzi to authorize the City Manager to enter into a contract with PowerHouse Services, Inc., to administer an "AB 811" pilot program within the City of Atascadero. Motion passed 5:0 by a roll-call vote. (Contract No. 2009-022) 2. Update on the Central Coast Regional Water Quality Control Board's Required Stormwater Management Plan ■ Fiscal Impact: There is no additional fiscal impact to the City from participation in the Joint Effort. It is anticipated that Storm Water Plan costs will be lower since the Low Impact Development Center is developing the hydromodification methodology that the City was previously responsible to develop. This will result in lower long-term compliance costs as the City implements its Storm Water Plan. Staff will continue to monitor costs closely and will alert the Council should costs change dramatically. CC Draft Minutes 11/24/09 Page 5 of 8 11 ITEM NUMBER: A- 1 DATE: 01/26/10 ■ Recommendations: Council: 1 . Receive update on the City's Storm Water Management Plan, which is currently undergoing review by the Central Coast Regional Water Quality Control Board (Water Board); and, 2. Receive information regarding the Water Board's offer to participate in the Joint Hydromodification Effort and provide staff with direction on participation. [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council. David Innis, Environmental Scientist with the Regional Water Quality Control Board, explained the Water Board's process and answered questions from the Council. PUBLIC COMMENT: None Mayor Beraud closed the Public Comment period. As stated earlier in this meeting, staff will be returning this issue to the City Council at their December 8, 2009 meeting. 3. Strategic Planning 2010 ■ Fiscal Impact: None. ■ Recommendation: City Council take the following actions: 1 . Approve the Strategic Planning program; and, 2. Approve the Planning Horizon; and, 3. Reaffirm the City's Mission Statement; and, 4. Develop a preliminary list of discussion issues; and, 5. Accept the draft Environmental Scan. [City Manager] City Manager Wade McKinney gave the staff report and answered questions from the Council. PUBLIC COMMENT: None Mayor Beraud closed the Public Comment period. Council accepted all recommendations. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Kelley thanked Mayor Beraud for her service as Mayor. CC Draft Minutes 11/24/09 Page 6 of 8 12 ITEM NUMBER: A - 1 DATE: 01/26/10 Mayor Beraud asked the Council Members to consider placing a Resolution to encourage reduced waste by ending the use of plastic water bottles and Styroform products by the City on a future agenda. Ms. Beraud stated this would be educational and advisory, asking citizens to consider other options. MOTION: By Mayor Beraud and seconded by Council Member Kelley to agendize a Resolution to reduce waste by the City of Atascadero, encouraging citizens to not use plastic water bottles and Styroform. Council Member O'Malley asked if Mayor Beraud would give the report, and that the outcome she is looking for is educational, not restrictive. Mayor Beraud answered, yes. MOTION: By Mayor Beraud and seconded by Council Member Kelley to agendize a Resolution to reduce waste by the City of Atascadero encouraging citizens to not use plastic water g g bottles and Styroform. Motion passed 4:1 by a roll-call vote. (Clay opposed) Mayor Pro Tem Fonzi asked for Council consensus to provide clarification to staff and the Commissions regarding City signage. She would like the Council to decide on uniform guidelines. City Manager McKinney stated this would be a good discussion at Strategic Planning. There was Council consensus to bring the issue of City signage Council at Strategic back to the C is Planning.g Council consensus to bring back the business stimulus asked for Cou g Mayor Pro Tem Fonzi a . Y loan program for downtown affordable housing. She explained that she has received additional input from the public since the Council addressed this issue. She stated that ori she is not asking for a new report, she is just asking to bring back the original report. Council Member Kelley asked the City Manager if the review he sent to Mr. McKinney could be shared with the other Council Members. Mr. McKinney stated that yes it can be shared, and that he will print it for the file and share it with the other Council Members. There was Council consensus to bring back the business stimulus loan program report for downtown affordable housing as originally presented to the Council. D. COMMITTEE REPORTS: Mayor Pro Tem Fonzi CC Draft Minutes 11/24/09 Page 7 of 8 13 ITEM NUMBER: A - 1 DATE: 01/26/10 1 . EVC — Summit on Economic Planning for the County — there will be a consultant meeting with cities to determine who they can call the business champions. Council Member O'Malley 1 . Central Coast Regional Water Quality Control Board, Member (RWQCB) — Council Member O'Malley was re-appointed to the Board. E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURNMENT: Mayor Beraud adjourned the meeting at 9:35 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk/ Assistant to the City Manager CC Draft Minutes 11/24/09 Page 8 of 8 14 ITEM NUMBER: A- 2 DATE: 01/26/1 G �' iris r` ` ri '1979 h C O lTY F A TASCA®ERO CITY COUNCIL DRAFT MINUTES Tuesday, December 8, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California Community Redevelopment Agency: 6:00 P.M. City Council: Immediately following the conclusion of the Community Redevelopment Agency meeting Mayor Beraud called the meeting to order at 6:50 p.m. and Council Member Kelley 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 CC Draft Minutes 12/08/09 Page 1 of 11 15 ITEM NUMBER: A- 2 DATE: 01/26/10 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: Roll Call MOTION: By Mayor Pro Tem Fonzi and seconded by Council Member Clay to approve the agenda. Motion passed 5:0 by a roll-call vote. CITY COUNCIL REORGANIZATION: PUBLIC COMMENT: None 1. Council Appointment of Mavor — The City Clerk will accept nominations from the Council Members. NOMINATION: By Council Member Clay and seconded by Council Member O'Malley to nominate Roberta Fonzi for the position of Mayor. Nomination passed 5:0 by a roll-call vote. 2. Council Appointment of Mavor Pro Tem — The new Mayor will accept nominations from the Council Members. NOMINATION: By Council Member Clay and seconded by Mayor Fonzi to nominate Council Member O'Malley to the position of Mayor Pro Tem. NOMINATION: By Council Member Beraud and seconded by Council Member Clay to nominate Council Member Kelley to the position of Mayor Pro Tem. CC Draft Minutes 12/08/09 Page 2 of 11 16 ITEM NUMBER: A- 2 DATE: 01/26/10 ROLL CALL: Council Member Kelley: Council Member Kelley Council Member Clay: Council Member O'Malley Council Member O'Malley: Council Member O'Malley Council Member Beraud: Council Member Kelley Mayor Fonzi: Council Member O'Malley Nomination of Council Member O'Malley to the position of Mayor Pro Tem passed 3:2 by a roll call vote. (Kelley & Beraud �I opposed) I COUNCIL COMMENTS: Mayor Fonzi thanked the Council Members and the public for their support. She also stated her hopes for the City in the upcoming year. nit to serve as Mayor for this Council Member Beraud thanked everyone for the opportunity Y past year. She summarized some of the Council's accomplishments. COUNCIL REORGANIZATION RECESS Mayor Fonzi recessed the meeting at 7:00 p.m. Mayor Fonzi reconvened the meeting at 7:10 p.m. PRESENTATIONS: 1. Employee Service Awards City Manager Wade McKinney presented service awards to the following employees: 5 years Jim Lewis, Assistant City Manager Michael Stornetta, Fire Engineer/Paramedic Brian Westerman, Fire Engineer Tom Peterson, Fire Marshall/Code Enforcement Officer Nathan Hasch, Fire Engineer/Paramedic Justin Black, Wastewater Operator III Ryan Smith, Wastewater Operator I 10 years Casey Bryson, Fire Captain CC Draft Minutes 12/08/09 Page 3 of 11 17 ITEM NUMBER: A-2 DATE: 01/26/10 15 Vears Delma Meyer, Finance Technician 20 Vears, Paula Anton, Recreation Supervisor Scott Satterthwaite, Fire Captain/Paramedic 25 Vears Stephen Sandeffer, Maintenance Worker II A. CONSENT CALENDAR: 1. City Council Meeting Draft Minutes — November 10, 2009 ■ Recommendation: Council approve the Draft Meeting Minutes of November 10, 2009. [City Clerk] 2. Property Donation Acceptance - Approval of the Acceptance of Grant Deed from the Morgan Stanley Dean Witter Trust to the City of Atascadero - Lot No. 50, Unit 6 located in California Valley, APN: 084- 211-011 ■ Description: This property is being donated to the City as a gift to benefit the City's Zoo and/or Parks System. • Fiscal Impact: The property is currently worth an estimated $10,000. ■ Recommendation: Council authorize the City Manager to execute the Acceptance of Grant Deed for real property being donated to the City as a gift by Morgan Stanley Dean Witter Trust to benefit the City's Zoo and/ or Parks System, a lot, No. 50, Unit 6, located in California Valley, as per the Record of Survey recorded in book 10, page 86 records of the County of San Luis Obispo. [Community Services] 3. Resolution Authorizing Energy Efficiency and Conservation Block Grant Application ■ Fiscal Impact: Approval of this Resolution will allow the City of Atascadero to apply for $152,644 in grant funds specifically allocated for energy efficiency improvements. ■ Recommendation: Council approve the Draft Resolution authorizing the City Manager to apply for Energy Efficiency and Conservation Block Grant Funds from the Small City and County Grant Program under the American Recovery and Reinvestment Act of 2009. [Public Works] MOTION: By Council Member Beraud and seconded by Council Member Clay to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (#A-3: Resolution No. 2009-093) CC Draft Minutes 12/08/09 Page 4 of 11 i8 ITEM NUMBER: A- 2 DATE: 01/26/10 UPDATES FROM THE CITY MANAGER: City Manager Wade McKinney announced that the WalMart project and the Colony Square project are both moving forward. Also, the Tractor Supply project will begin their rough grading soon. COMMUNITY FORUM: Pastor Hangee, member of the Atascadero Ministerial Association, led those present in prayer. Geraldine Brasher Pfimister thanked Ellen Beraud for her service as Mayor. Bruce Boniface, new president of Atascadero Land Preservation Society, introduced himself to the Council. Steve La Salle congratulated Roberta Fonzi for her appointment to Mayor and thanked Ellen Beraud for her service this last year as Mayor. Jim Patterson thanked Ellen Beraud for her service as the Mayor for the last year. Also, he congratulated Mayor Fonzi and Mayor Pro Tem O'Malley for their appointments. Mr. Patterson also commended Atascadero for its recently adopted AB 811 program. Joanne Main announced upcoming events and thanked the City for being invited to be included in the EMIro ram. She also thanked the Council for a unifying P gYear. Barbie Butz announced upcoming events and thanked Council for the past unifying year. Jim Shannon challenged the Council to continue to work for what is best for the community. He also thanked Ellen Beraud for her service as Mayor. Sandy Jack asked the Council to continue moving forward in a positive manner. Mayor Fonzi closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: None. CC Draft Minutes 12/08/09 Page 5 of 11 19 ITEM NUMBER: A - 2 DATE: 01/26/1C C. MANAGEMENT REPORTS: 1. Naming of Stadium Park Features in Memory of Marjorie Mackey ■ Fiscal Impact: Depending upon the option chosen, funding for two attractive and durable signs for the location could cost $300 to $1 ,200. It is recommended that donations for the costs of this sign be solicited from the community. ■ Recommendation: Parks and Recreation Commission recommends: Council name both the "Stadium Park Trail", leading into the park, and the "bowl area" inside the park, in memory of the late Ms. Marjorie Mackey, to honor her memory and contributions to the community. [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions from the Council. PUBLIC COMMENT: Heather Young, Marj Mackey's granddaughter, said that she and her family members are honored that the City Council is considering naming portions of Stadium Park after her grandmother. Jim Patterson shared some of his memories of Marj Mackey and her efforts for Atascadero. He encouraged the Council to adopt Staff's recommendations. Lon Allan stated that he applauds the Council for considering this honor for Marj Mackey. Shirley Summers served with Marj Mackey on the Atascadero Advisory Committee back in the 1970's. She offered her assistance in honoring Marj. Bruce Boniface thanked the Staff for a good presentation and encouraged the Council to adopt the Staff's recommendations to honor Marj Mackey. Barbie Butz, Chairperson of the Parks and Recreation Commission, urged the Council to follow the Commission's recommendation. Geri Brasher Pfimister urged the Council to not only adopt Staff's recommendation, but also hold more events in Stadium Park in Marj's honor. Mayor Fonzi closed the Public Comment period. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Clay to name both the "Stadium Park Trail", leading into the CC Draft Minutes 12/08/09 Page 6 of 11 20 ITEM NUMBER: A- 2 DATE: 01/26/10 park, and the "bowl area" inside the parr, in memory of the late Ms. Marjorie Mackey, to honor her memory and contributions to the community. Motion passed 5:0 by a roll-call vote. 2. Storm Water Manactement Plan (SWMP) Implementation Strategy ■ Fiscal Impact: Estimated at $5,000.00 of additional staff and consultant time to prepare exhibits, work with Regional Water Quality Control Board (RWQCB) staff, and attend meetings and hearings. ■ Recommendations: Council: 1. Receive information, discuss the attached letter approving the City's SWMP, and provide direction to staff on concerns regarding the implementation of the SWMP with respect to required revisions and creek setbacks; and, 2. Authorize the Director of Public Works to submit a request for a hearing in front of the Regional Water Quality Control Board to amend conditions imposed on City's SWMP. [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council. O'Malley stated that he is an appointed member of the CRWQCB and has reviewed with the Board's attorneys what he can and cannot do. He has been directed by them to state that he is fully able to review this issue as a Council Member. However, if Atascadero appeals the Board's decision, he will have to step down from the CRWQCB for the review of that appeal. PUBLIC COMMENT: David Innis, representative of the Regional Water Quality Control Board, answered questions from the Council. Mayor Fonzi recessed the meeting at 9:10 p.m. Mayor Fonzi reconvened the meeting at 9:17 p.m. Susie Anderson recommended the development of a community advisory committee to work with staff and help to come up with a solution. Bruce Bevins stated that it appears that this is a process that is evolving and urged the Council to move forward cautiously. Al Fonzi stated he agreed with Ms. Anderson on the development of a community advisory committee. CC Draft Minutes 12/08/09 Page 7 of 11 21 ITEM NUMBER: A- 2 DATE: 01/26/10 Jim Patterson encouraged the City to continue to work with the RWQCB to reach a solution. John Shadack explained that his home is now within 20 feet of the creek on his property, as the creek has moved over the years. He urged the Council to keep in mind the situations that exist throughout the City where there are existing homes adjacent to the creeks. fadayor Fonzi closed the Public Comment period. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Kelley to: 1. Authorize the Director of Public Works to submit a response to Regional Water Quality Control Board with amended SWMP language on setback issue with the following modification: "Year 2: Review existing policies and setbacks for appropriateness and make changes as necessary to ensure that they are equivalent to, or exceed RWQCB riparian protection policies", and 2. Direct the Director of Public Works to work with a Citizen's Advisory Committee to review setback issues related to the further development of the SWMP, and each Councilmember will appoint a representative. Motion passed 5:0 by a roll-call vote. 3. Allocation of Funds for Zoo Entrance and Gift Shop Project ■ Fiscal Impact: ■ Recommendations: Council: 1 . Authorize the City Manager to execute, if necessary, a Financing Agreement between the Community Redevelopment Agency of Atascadero and the City of Atascadero; and, 2. Authorize the Director of Administrative Services to amend, if necessary, the budget by increasing Transfer from Redevelopment Agency Revenues by $670,660 and appropriating $670,660 of these revenues for the Zoo Entrance and Gift Shop Project. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council. PUBLIC COMMENT: None CC Draft Minutes 12/08/09 Page 8 of 11 22 ITEM NUMBER: A- 2 DATE: 01/26/10 MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Beraud to: 1. Authorize the City Manager to execute, if necessary, a Financing Agreement between the Community Redevelopment Agency of Atascadero and the City of Atascadero; and, 2. Authorize the Director of Administrative Services to amend, if necessary, the budget by increasing Transfer from Redevelopment Agency Revenues by $670,660 and appropriating $670,660 of these revenues for the Zoo Entrance and Gift Shop Project. Motion passed 5:0 by a roll-call vote. (Contract No. 2009-023) 4. Allocation of Funds for Lake Park Sign and Frontage Improvements Proiect ■ Fiscal Impact: ■ Recommendations: Council: 1 . Authorize the City Manager to execute a Financing Agreement between the Community Redevelopment Agency of Atascadero and the City of Atascadero; and, 2. Authorize the Director of Administrative Services to amend the budget by increasing Transfer from Redevelopment Agency Revenues by $430,180 and appropriating $430,180 of these revenues for the Lake Park Sign and Frontage Improvements Project. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Council Member Clay and seconded by Council Member Kelley to: 1. Authorize the City Manager to execute a Financing Agreement between the Community Redevelopment Agency of Atascadero and the City of Atascadero; and, 2. Authorize the Director of Administrative Services to amend the budget by increasing Transfer from Redevelopment Agency Revenues by $430,180 and appropriating $430,180 of these revenues for the Lake Park Sign and Frontage Improvements Project. Motion passed 5:0 by a roll-call vote. (Contract: 2009-024) CC Draft Minutes 12/08/09 Page 9 of 11 23 ITEM NUMBER: A- 2 DATE: 01/26/10 5. Allocation of Funds for Zoo Wall Improvement Project ■ Fiscal Impact: ■ Recommendations: Council: 1 . Authorize the City Manager to execute a Financing Agreement between the Community Redevelopment Agency of Atascadero and the City of Atascadero; and, 2. Authorize the Director of Administrative Services to amend the budget by increasing Transfer from Redevelopment Agency Revenues by $240,000 and appropriating $240,000 of these revenues for the Zoo Wall Improvement Project. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Kelley to authorize the City Manager to execute a Financing Agreement between the Community Redevelopment Agency of Atascadero and the City of Atascadero. Motion passed 5:0 by a roll-call vote. (Contract No. 2009-025) 6. Strategic Planning 2010 - Phase II — Financial Information ■ Fiscal Impact: None. ■ Recommendations: Council: 1 . Review and discuss staff's budget update; and, 2. Affirm staff's analysis of the City's risk areas; and, 3. Accept the updated seven-year projection. [City Manager] Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council. PUBLIC COMMENT: David Bentz told the Council he will write a report to the Council concerning this report and they will not like his report. Mayor Fonzi closed the Public Comment period. There was Council consensus to receive and file this report. CC Draft Minutes 12/08/09 Page 10 of 11 24 ITENk PLUMBER: A- 2 DAT" 01/26/10 COUNCIL ANNOUNCEMENTS AND REPORTS: None D. COMMITTEE REPORTS: None E. INDIVIDUAL DETERMINATION AND /OR ACTION: None F. ADJOURNMENT: Mayor Fonzi adjourned the meeting at 10:50 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk/ Assistant to the City Manager CC Draft Minutes 12/08/09 Page 11 of 11 25 26 ITEM NUMBER: A - 3 DATE: 01/26/10 SPECIAL MEETING ATASCADERO CITY COUNCIL Tuesday, December 8, 2009 (Immediately following the regularly scheduled Council Meeting) City Hall — Council Chambers 6907 EI Camino Real, Atascadero DRAFT MINUTES Mayor Fonzi called the meeting to order at 10:50 p.m. ROLL CALL: Present: Council Members Clay, O'Malley, Kelley, Beraud and Mayor Fonzi 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. CC Special Meeting Draft Minutes 12/08/09 Page 1 of 2 27 ITEM NUMBER: A-3 DATE: 01/26/10 CONSENT CALENDAR: Closure and Tow-Awa 1. Temporary Road C y Zone — Atascadero Main Street Winter Wonderland ■ Fiscal Impact: $600.00 in staff time to place and remove "Road Closed" signs, detour signs and barricades. ■ Recommendation: Council approve the attached draft Resolution authorizing tow away zones for the annual Winter Wonderland celebration for December 18, 2009 in the event that rain causes the December 11, 2009, celebration to be rescheduled. Assistant to the City Manager Marcia McClure Torgerson gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Kelley to approve the draft Resolution authorizing tow away zones for the annual Winter Wonderland celebration for December 18, 2009 in the event that rain causes the December 11, 2009, celebration to be rescheduled. Motion passed 5:0 by a roll-call vote. (Resolution No. 2009-094) ADJOURNMENT: Mayor Fonzi adjourned the meeting at 10:53 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk/ Assistant to the City Manager CC Special Meeting Draft Minutes 12/08/09 Page 2 of 2 28 a_ ITEM NUMBER: A—4 DATE: 0112610 aoF C1 1918 G G9 _ � i 197A- CADF) p��' A tascadero City Council Staff Report - Public Works Department Acceptance of the Offer of Dedication for Public Open Space and Access Easement on Lot 16, Tracts 2454, Phase I (Lot lies along railroad west of Ferrocarril and north of Chico Road, on the east side of railroad right-of-way.) RECOMMENDATION: Council adopt the Draft Resolution accepting the Dedication of Public Open Space and Public Access Easement on Lot 16, Tracts 2454, Phase I, and accept the same area of dedication for maintenance. DISCUSSION: On June 24, 2003, the City Council approved the Tract Map 2454 Phase 1 project, located southwest of Ferrocarril Road, north of Chico Road along the Southern Pacific Railroad right-of-way. This project included a "pan-handle" parcel known as Lot 16 that was approximately 74-feet wide and 2831-feet long. Lot 16, as well as easements across several other parcels within the project, provides a public trail link between Traffic Way and the De Anza Trail along the Salinas River. The 2003 City Council approval of the tract map included the typical language in the "City Council Statement' which reads: "...the offers of dedication for public open space and public utility and access easement were rejected without prejudice to future acceptance on behalf of the public..." (emphasis added). This is typical of maps requesting approval and recordation before public facilities are constructed, or before the City intends to accept for maintenance issues like trails, parklands, or open space areas. The trail on Lot 16 is comprised mainly of the old paved PG&E driveway, and is native sand and gravel material across the other lots within Tract 2454. Lot 16 (5.86 acres) is essentially a remainder parcel and is entirely dedicated for a "Public Open Space and Public Access Easement." Minor fencing and gate improvements were installed by the developer. 29 ITEM NUMBER: A- 4 DATE: 01/26/10 The trail is currently being used by the public; however the site is not being maintained by the current owner, as it is part of the Gearhart bankruptcy proceedings. Numerous complaints have been filed regarding the disrepair of the trail and illegal dumping in the open space area; and Staff has also responded to illegal native tree removal on the site. The current site conditions have given rise to concerns of safety and nuisance abatement. Council's approval to accept the offer of dedication of the easements on Lot 16 would allow the City to secure the site, improve public safety and properly maintain the trail and open space, as well as proceeding with establishing a native tree grove on the site in the future. The City's maintenance obligation will include minimal level services such as weed abatement, minor trail repair, and debris removal. The parcel was originally considered an appropriate site for use by the Native Tree Fund for an oak tree planting site. FISCAL IMPACT: The City will be responsible for an estimated 20 man-hours of maintenance per year for this public trail and open space in its current configuration. The annual cost will be based on the actual amount of work required to maintain a safe and useful facility. The City's estimated costs for the upcoming 2010-2011 fiscal year are estimated to be $2,000 from currently budgeted general funds. The maintenance of the native tree plantings will be funded through the Native Tree Replacement Fund. ATTACHMENT: Draft Resolution 30 ITEM NUMBER: A-4 DATE: 01/26/10 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ACCEPTING THE OPEN SPACE AND PUBLIC ACCESS EASEMENT AREA OF LOT 16, TRACT 2454-PHASE 1 (22MB61) WHEREAS, the City Council approved the final tract map for Tract 2454 Phase 1 on June 24, 2003, including a Public Open Space and Access Easement of approximately 5.86, also known as Lot 16; and, WHEREAS, the City Council upon approval of said tract map rejected without prejudice the Public Open Space and Access Easement on Lot 16 for future acceptance; and, WHEREAS, public use of the trail on the property is occurring, however the trail is not being properly maintained by the current landowner and appears to be falling into disrepair; and, WHEREAS, City staff will be responsible for clearing the ongoing maintenance of the public Open Space and trail improvements; and, WHEREAS, the City does not wish for the offer of dedication to be jeopardized or misconstrued by lenders or trustees related to the developer of the project, De Anza Estates, LLC, and, WHEREAS, the trail improvements within the open space areas as defined in Exhibits A attached hereto, have been substantially completed and may now be accepted for the benefit of the public. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The City Council does hereby accept the Open Space and public improvements within Lot 16 of Tract 2454 Phase 1, more particularly described in Exhibit A attached hereto. 31 ITEM NUMBER: A- 4 DATE: 01/26110 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: CITY OF ATASCADERO By: Roberta Fonzi, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney 32 ITEM NUMBER: A- 4 DATE: 01/2610 i Exhibit A to Draft Resolution Open Space / Legal Description Page 1 Parcel 16 of Tract No. 2454-1 , in the City of Atascadero, County of San Luis Obispo, State of California, according to the map recorded July 1 , 2003 in Book 22 of Maps, Pages 61 to 63, in the Office of the County Recorder of said County. 33 ITEM NUMBER: A-4 DATE: 01/26/10 Exhibit A to Draft Resolution Graphic Depiction of Property Page 2 -d e. go a _ y rsy u � SITE t t 34 ITEM NUMBER: C - I a DATE: 01/26110 xa A s7» Atascadero City Council Staff Report — Community Services Department City Facility Signage Policy RECOMMENDATION: Council provide direction regarding establishing a "City Facility Signage Policy" for City facility/park monuments and entry signage to include the City of Atascadero name and logo. DISCUSSION: Background: The City of Atascadero has an extensive sign ordinance (Atascadero Municipal Code, Chapter 15), governing sign design standards, types of signs allowed, construction standards, maintenance, placement, code enforcement, sign area, heights and other similar matters related to installing and displaying signage. The purpose and intent of the sign ordinance is to protect the general health, safety and welfare in the City. Additionally, the ordinance encourages signage to be used as an effective means of communication that promotes the economy and aesthetics of the community. On August 20, 2009, the Atascadero Parks and Recreation Commission, with public input, reviewed the preliminary landscape design for the Atascadero Lake Park Frontage Improvement Project, which includes new public facility signage. Additionally, staff has begun the planning and development process on this project with our The Project design and planned amenities Patterson 9 a e Architect Case 1 Landscape Y p conform to the City's adopted Lake Park Design Guidelines. Along these lines, it is recommended that all monument and entry signs located at public facilities should conform to the City's existing sign ordinance. The issue at hand is, "Should these types of signs, for parks and public facilities, include the `City of Atascadero' name and logo?" Currently, in some cases the City logo and words, "City of Atascadero" are used on the signage and in some cases, such as the proposed Veterans Memorial sign, they are not. Staff is seeking Council direction on this matter. If the Council would like to establish such a uniform policy, it would apply to all permanent, on-site monument and entry signs at City parks and facilities. Upon approval, the proposed policy would read as follows and be added to parks and facility master plans: �J 'All monument and entry signs for City facilities shall contain the `City of Atascadero' name and City logo." An example of how a policy such as this might affect signage is the proposed "Faces of Freedom" Veterans Memorial sign, which is attached for the Council's review (ATTACHMENT B). The exact design and scale of the required City logo and "City of Atascadero" wording would be left up to the sign designer and subject to the normal City staff review and Commission approval. FISCAL IMPACT: The total impact of the new sign policy for City parks and facilities will result in an undetermined additional cost depending upon the size and materials used for individual signs. Existing, non-conforming signs would be considered exempt and the policy shall be implemented with the wording and logo as the non-conforming facility signs are replaced. ATTACHMENTS: Attachment A - Photos of existing monuments/signs at City facilities. Attachment B - Example if the "City of Atascadero" logo was added to the proposed Veterans Memorial Sign. Attachment C - Proposed Atascadero Lake Park Frontage signage. 36 ATTACHMENT A Aw � �. 4 it ry�t F f<A i. ?y Existing example of a monument sign at Atascadero Colony Park. Existing example le of an entry sign at the Atascadero Lake Park. �7 ATTACHMENT B Crrt cy AT s f ru_ if r P r. 38 ATTACHMENT C Lake Pari 57 11AC31MUME1VT SIGM � P 3 ' N � _f BARK ENTRY EIC RC)RTOLA AVE. LS DEA? AL `-WK'FauF ''GJP PR[70UCTEONBINC wa AT ASCADEFRO LARGE PAR[ti Gi'YY OF ;411"A3C:A.RFR .•. �.• aun <ea re.� 3c 4C ITEM NUMBER: = —5A DATE: 01/26110 City of Atascadero► Quarterly Commissioner Attendance Report October through December, 2009 Parks & Recreation Commission October 15th November 19tH December 17th Barbie Butz P P P Daniel Chacon A(E) P P Christian Cooper P P P Susan Greenaway P P A E Sorrel Marks P P P Bill Wachtel* P P Tom Zirk P P P Wachtel's first meeting: November 19, 2009 to fill vacancy on Commission Planning Commission October November December 6th 20th 3rd 17 th 1 St 15th Sandy Jack P P Meeting P Meeting P David Bentz P P Cancelled P Cancelled P Len Colamarino P P P P Heather Moreno P P Meeting P Meeting P Dennis Schmidt P P Cancelled P Cancelled P Brian Sturtevant P P A(E) P Chuck Ward P P P P P = Present A = Absent A(E)= Excused Absence 4