HomeMy WebLinkAbout040913 -- CC Agenda-combined . yl
'a`$ i979CITY OF A TASCADERO
CITY COUNCIL
AGENDA
Tuesday, April 9, 2013
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
City Council Closed Session: 5:00 p.m.
City Council Regular Session: 6:00 p.m.
CITY COUNCIL CLOSED SESSION: 5:00 p.m.
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators(Govt. Code Sec. 54957.6)
Agency designated representatives: Wade McKinney, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit;
Atascadero Police Association; Service Employees International
Union, Local 620; Mid-Management/Professional Employees; Non-
Represented Professional and Management Workers and Confidential
Employees
b. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Save Atascadero v. City of Atascadero, et al.
San Luis Obispo Superior Court Case No. 128230
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION -- REPORT
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Kelley
ROLL CALL: Mayor O'Malley
Mayor Pro Tem Sturtevant
Council Member Fonzi
Council Member Kelley
Council Member Moreno
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Proclamation for "Sexual Assault Awareness Month"
2. Proclamation in support of "Buy Local in Atascadero"
3. Promotions Update by Mark Elterman, CEO of Mental Marketing
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 Draft Action Minutes — March 26, 2013
■ Recommendation: Council approve the City Council Draft Action Minutes
of March 26, 2013. [City Clerk]
2. City Council Special Meeting Draft Action Minutes — March 28, 2013
■ Recommendation: Council approve the City Council Special Meeting
Draft Action Minutes of March 28, 2013. [City Clerk]
3. Wastewater Collection System Cleaning Services Contract Award
(Contract for General Trade Services)
■ Fiscal Impact: The Sewer Line Cleaning Project is fully funded within the
2011-2013 City Wastewater budget.
■ Recommendation: City Council authorize the City Manager to execute a
contract with Mainline Utility Company for general trade services involving
cleaning of the City's wastewater collection system for an amount not to
exceed $129,000.00. [Public Works]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. Comments made during Community Forum
will not be a subject of discussion. A maximum of 30 minutes will be allowed for
Community Forum, unless changed by the Council. Any members of the public who
have questions or need information, may contact the City Clerk's Office, between the
hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson atascadero.org.)
B. PUBLIC HEARINGS:
1. Proposed Ordinance to Establish the Atascadero Tourism Business
Improvement District (ATBID)
■ Ex Parte Communications: Ex Parte communications are any
communications to a Council Member, concerning a pending matter
before the Council, that occur in the absence of the other Council
Members. Examples may include conversations, site visits, public
meetings, etc.
■ Fiscal Impact: There will be ongoing costs of administration of the ATBID,
which will be partially covered by a 1% administration fee charged against
the assessments.
■ Recommendation: Council introduce for first reading, by title only, the
Draft Ordinance adding Chapter 16 to Title 3 of the Atascadero Municipal
Code, establishing the Atascadero Tourism and Business Improvement
District. [City Manager]
C. MANAGEMENT REPORTS: None.
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 O'Malley
1. City / Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Sturtevant
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. Community Action Partnership of SLO County
4. League of California Cities — Council Liaison
Council Member Fonzi
1. Air Pollution Control District
2. City of Atascadero Design Review Committee
3. Oversight Board for Successor Agency to the Community Redevelopment
Agency of Atascadero
4. SLO Local Agency Formation Commission (LAFCo) - alternate
Council Member Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Design Review Committee
3. Economic Vitality Corporation, Board of Directors (EVC)
4. Homeless Services Oversight Council
Council Member Moreno
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City of Atascadero Finance Committee (Chair)
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 April 9, 2013 Regular Session of the Atascadero City Council was posted
on April 2, 2013, 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 2"d day of April, 2013, at Atascadero, California.
Victoria Randall, Deputy City Clerk
City of Atascadero
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a
Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence
immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at
the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of
the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback.
Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City's website at
www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more
information (470-3400).
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.
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). 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.
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
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
ITEM NUMBER: A- 1
DATE: 04/09/13
I � I
1915 R
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yCWEo CITY OF A TASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, March 26, 2013
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.
Mayor O'Malley announced at 5:30 p.m. that the Council is going into Closed Session.
1. CLOSED SESSION -- PUBLIC COMMENT — None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
Atascadero City Council
Draft Minutes of March 26,2013
Page 1 of 10
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Save Atascadero v. City of Atascadero, et al.
San Luis Obispo Superior Court Case No. 128230
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION -- REPORT
City Attorney Pierik announced that there was no reportable action taken.
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
Mayor O'Malley called the meeting to order at 6:00 p.m. and Council Member Fonzi led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem
Sturtevant, and Mayor O'Malley
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
Staff Present: Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Public Works Director Russ
Thompson, Police Chief Jerel Haley, Fire Chief Kurt Stone, and
City Attorney Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Council Member Kelley and seconded by Mayor Pro Tem
Sturtevant to approve the agenda.
Motion passed 5:0 by a roll-call vote.
Atascadero City Council
Draft Minutes of March 26,2013
Page 2 of 10
PRESENTATION:
1. Proclamation for "Autism Awareness Month"
Mayor O'Malley and the City Council presented a proclamation to Dr. Laurie Ferguson
for Autism Awareness Month.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes — February 26, 2013
■ Recommendation: Council approve the City Council Draft Action Minutes
of February 26, 2013. [City Clerk]
2. City Council / Planning Commission Special Joint Meeting Draft Action
Minutes — February 26, 2013
■ Recommendation: Council approve the City Council / Planning
Commission Special Joint Meeting Draft Action Minutes of February 26,
2013. [City Clerk]
3. City Council Draft Action Minutes — March 12, 2013
■ Recommendation: Council approve the City Council Draft Action Minutes
of March 12, 2013. [City Clerk]
4. Historic City Hall Project Bid Award: ACH-14 Audio-Video System
■ Fiscal Impact: $253,581.85 in budgeted City Hall Project Funds including
funding from the 2010 bond issue.
■ Recommendations: Council:
1. Award the bid in the amount of $253,581.85 for the ACH-14 Audio-
Video System installation for the Historic City Hall Project to Pro Sound
CA, Inc.; and,
2. Authorize the City Manager to execute a contract with Pro Sound CA,
Inc. in the amount of 253,581.85 for the ACH-14 Audio-Video System
installation for the Historic City Hall Project; and,
3. Authorize the Director of Public Works to file a Notice of Completion
with the County Recorder upon satisfactory completion of the project.
[Administrative Services]
5. February 2013 Accounts Payable and Payroll
■ Fiscal Impact: $2,038,449.04.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for February 2013. [Administrative
Services]
Atascadero City Council
Draft Minutes of March 26,2013
Page 3 of 10
6. Title 9 Planning and Zoning Text Amendments PLN 2012-1444 / ZCH
2012-0167 (City of Atascadero)
■ Fiscal Impact: There are no known fiscal impacts to the City at this time.
Additional permit and business license revenue may be derived by
applicants wishing to open new indoor recreational business here in the
City.
■ Recommendation: Council adopt on second reading, by title only, the
Draft Ordinance, to approve PLN 2012-1444 (Zone Text Change ZCH
2012-0167). [Community Development]
7. Establishment of the Atascadero Tourism Business Improvement
District (ATBID)
■ Fiscal Impact: None for this action. There will be ongoing costs of
administration of the ATBID, which will be partially covered by a 1%
administration fee charged against the assessments.
■ Recommendations: Council:
1. Adopt the Draft Resolution declaring the intention to establish the
Atascadero Tourism Business Improvement District; and,
2. Set April 9, 2013 as the date of the public hearing on the establishment
of the proposed ATBID and the levy of assessments. [City Manager]
8. Agreement with Caltrans for Project Study Report (PSR-PDS) for the Del
Rio Road Freeway Interchange Project
■ Fiscal Impact: This action will result in the expenditure of up to $104,000
over an estimated two-year period in budgeted Circulation Impact Fees
funds.
■ Recommendation: Council authorize the City Manager to execute an
agreement with Caltrans for review of engineering and environmental
studies for required planning and design approval of the Del Rio Road
Freeway Interchange for an amount not to exceed $104,000. [Public Works]
MOTION: By Council Member Fonzi and seconded by Council Member
Kelley to approve #A-1, 2, 3, 4, 5, 6, & 7 of the Consent
Calendar.
Motion passed 5:0 by a roll-call vote. (#A-4: Contract No.
2013-011, #A-6: Ordinance No. 567, #A-7: Resolution No. 2013-
003)
Item #A-8: Council Member Kelley asked for clarification of the fiscal impact of this
item. Public Works Director Thompson answered his questions.
Atascadero City Council
Draft Minutes of March 26,2013
Page 4 of 10
MOTION: By Council Member Kelley and seconded by Council Member
Moreno to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote. (Contract No. 2013-
012)
UPDATES FROM THE CITY MANAGER:
Community Development Director Warren Frace gave an update on projects and issues
within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Steve Shively, Ann
Ketcherside, Jerry Clay, Chuck Ward, and Dana Holland. Mayor O'Malley read a letter
into the record from Jacob Richardson.
Mayor O'Malley closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS:
1. PLN 2099-0848 / APL 2013-0017 / Amendment to CUP 2005-0157 - Appeal
to the City Council - Affordable Housing Requirements (1155 EI Camino
Real / Oakhaven Village, LLC)
■ Ex Parte Communications: Ex Parte communications are any
communications to a Council Member, concerning a pending matter
before the Council, that occur in the absence of the other Council
Members. Examples may include conversations, site visits, public
meetings, etc.
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Adopt Draft Resolution "A" granting the applicant's appeal and
amending condition 14 of Conditional Use Permit 2005-0157 (City
Council Resolution 2005-076) to reflect a requirement that the project
provide deed restrictions for 12 moderate income units within the
project.
OR
2. Adopt Draft Resolution "B" denying the applicant's appeal and
amending Condition 11 of the Vesting Tentative Tract Map (VTTM)
(City Council Resolution 2005-077) consistent with the approved
Conditional Use Permit reflecting a requirement that the project provide
Atascadero City Council
Draft Minutes of March 26,2013
Page 5 of 10
deed restrictions for two (2) very low, five (5) low income and five (5)
moderate income units within the project.
[Community Development]
Council Member Fonzi stated that she has a conflict of interest on this item. She works
for Century 21 and is a realtor. Her broker is representing the seller for these homes
once they are built. Council Member Fonzi asked the City Attorney if she needed to
leave the room.
City Attorney Pierik stated that she should step out of the room unless she wants to
remain and speak to the extent that this issue would impact her personal interests.
Council Member Fonzi left the room.
Ex Parte Communications
• Mayor Pro Tem Sturtevant spoke to Steve from Oakhaven Village.
• Mayor O'Malley spoke to the applicant by phone.
• Council Member Moreno received an email from the applicant.
Community Development Director Warren Frace gave the staff report and answered
questions from the Council.
Dan Silverie, president of Oakhaven Properties, explained their concerns of the issues
explained by Mr. Frace and expressed their support for the adoption of Resolution A.
PUBLIC COMMENT:
The following citizens spoke on this item: Dana Holland.
Mayor O'Malley closed the Public Comment period.
MOTION: By Council Member Kelley and seconded by Mayor Pro Tem
Sturtevant to adopt Draft Resolution "A" granting the
applicant's appeal and amending condition 14 of Conditional
Use Permit 2005-0157 (City Council Resolution 2005-076) to
reflect a requirement that the project provide deed restrictions
for 12 moderate income units within the project.
Motion passed 4:0 by a roll-call vote. (Fonzi recused herself
from this item.) (Resolution No. 2013-005)
Atascadero City Council
Draft Minutes of March 26,2013
Page 6 of 10
C. MANAGEMENT REPORTS:
1. Planning Commission Appointments
■ Fiscal Impact: None.
■ Recommendations: Council:
1. In accordance with Ordinance No. 565, adopted on February 26, 2013,
select new members to fill the directly appointed Planning Commission
positions whose terms will commence March 29, 2013 and continue
through December 31, 2014; and,
2. Review the six applications supplied by interested citizens and select
two for the at-large positions on the Planning Commission. [City Clerk]
Assistant to the City Manager/City Clerk Marcia McClure Torgerson gave the staff report
and answered questions from the Council.
PUBLIC COMMENT: None
Item #1.1:
All Council Members announced that they are re-appointing their current directly-
appointed Commissioners as follows:
Council Member Fonzi: Jan Wolff
Council Member Kelley: David Bentz
Council Member Moreno: Duane Anderson
Mayor Pro Tem Sturtevant: Len Colamarino
Mayor O'Malley: Mark Dariz
Item #A.2:
The City Council had previously interviewed the six candidates on February 19, 2013.
They selected, by roll-call vote, Dennis Schmidt and Christian Cooper to serve in the At
Large positions on the Planning Commission. Their terms will expire on December 31,
2014.
2. Consolidated Fixed Route Transit Service "Term Sheet" Approval
■ Fiscal Impact: Consolidation of fixed route services in the North County
will provide an estimated cost savings of $152,008 to Atascadero in the
first year.
■ Recommendation: Council approve the "Term Sheet" between the Cities
of Atascadero and Paso Robles, the County of San Luis Obispo, the San
Atascadero City Council
Draft Minutes of March 26,2013
Page 7 of 10
Luis Obispo Regional Transit Authority (RTA) and the San Luis Obispo
Council of Governments (SLOCOG) which defines the roles,
responsibilities and financial commitments in connection with the
implementation of consolidated fixed route local and regional service in
North San Luis Obispo County. A legally binding agreement will be
brought back to the Council at a later date once all councils and boards
have considered the Term Sheet and the outlined program for
consolidation. [Public Works]
Public Works Director Russ Thompson gave the staff report and answered questions
from the Council (Exhibit A).
RTA Executive Director Jeff Straw answered question from the Council.
PUBLIC COMMENT: None
MOTION: By Council Member Moreno and seconded by Mayor Pro Tem
Sturtevant to approve the "Term Sheet" between the Cities of
Atascadero and Paso Robles, the County of San Luis Obispo,
the San Luis Obispo Regional Transit Authority (RTA) and the
San Luis Obispo Council of Governments (SLOCOG) which
defines the roles, responsibilities and financial commitments
in connection with the implementation of consolidated fixed
route local and regional service in North San Luis Obispo
County, with the following amendments:
1. The net savings resulting from transit consolidation be
distributed back to the transit agencies based on 55% to
Atascadero and 45% to Paso Robles as identified in the
consultant study; and,
2. Staff continue to work together with the North County
Technical Committee and consultant to further analyze and
verify estimated net cost savings due to consolidation; and,
3. Staff to work with RTA and SLOCOG to further develop
potential use of consolidated fixed route fare box funds to
assist Dial-a-Ride to meet the proposed 15% Fare Box
Recovery ratio.
Motion passed 5:0 by a roll-call vote.
3. Storm Water Regulation Update — Oral Report
■ Fiscal Impact: None.
■ Recommendation: Council receive oral report. [Public Works]
Atascadero City Council
Draft Minutes of March 26,2013
Page 8 of 10
Deputy Public Works Director David Athey gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
The City Council received this oral report.
COUNCIL ANNOUNCEMENTS AND REPORTS:
The City Council Members made brief announcements.
D. COMMITTEE REPORTS:
Mayor O'Malley
1. Integrated Waste Management Authority (IWMA) — Mayor O'Malley was
recently elected as Vice Chairperson.
Mayor Pro Tem Sturtevant
1. League of California Cities — Council Liaison — Community Housing and
Economic Development Policy Committee meets next week.
Council Member Fonzi
1. SLO Local Agency Formation Commission (LAFCo) — alternate — Director
David Church was confirmed as Director. They discussed spheres of
influence for water companies.
Council Member Kelley
1. Homeless Services Oversight Council — Attended workshop last week. The
main topic was affordable housing options for those in need. In particular,
they discussed the increasing military veteran homeless population.
Council Member Moreno
1. City of Atascadero Finance Committee (Chair) — The Finance Director is
working with the Department Heads to formulate a draft budget that the
Finance Committee will review.
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
Atascadero City Council
Draft Minutes of March 26,2013
Page 9 of 10
F. ADJOURNMENT:
Mayor O'Malley adjourned the meeting at 8:30 p.m.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C.
City Clerk / Assistant to the City Manager
The following exhibit is available for review in the City Clerk's office:
Exhibit A— Updated Term Sheet distributed by Public Works Director Thompson.
Atascadero City Council
Draft Minutes of March 26,2013
Page 10 of 10
ITEM NUMBER: A-2
DATE: 04/09/13
SPECIAL MEETING
ATASCADERO CITY COUNCIL
Thursday, March 28, 2013
11 :30 a.m.
City Hall Council Chambers
6907 EI Camino Real
Atascadero, California
Establishment of the Atascadero Tourism Business
Improvement District (ATBID)
DRAFT MINUTES
Mayor O'Malley called the meeting to order at 11:30 a.m.
ROLL CALL:
Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem
Sturtevant, and Mayor O'Malley
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
Staff Present: Administrative Services Director Rachelle Rickard
Atascadero City Council-Special Meeting
Draft Minutes of March 28,2013
Page l of 3
ITEM NUMBER: A- 2
DATE: 04/09/13
BUSINESS ITEM:
1. Establishment of the Atascadero Tourism Business Improvement
District
■ Fiscal Impact: None for this action. There will be ongoing costs of
administration of the ATBID, which will be partially covered by a 1%
administration fee charged against the assessments.
■ Recommendations: Council:
1. Rescind the vote on the Consent Calendar Item #7 from the March 26,
2013, Council agenda, adopting Resolution No. 2013-003, and setting
April 9, 2013 as the date of the public hearing on the establishment of
the proposed ATBID and the levy of assessments; and,
2. Adopt the Draft Resolution declaring the intention to establish the
Atascadero Tourism Business Improvement District; and,
3. Set April 9, 2013 as the date of the public hearing on the establishment
of the proposed ATBID and the levy of assessments. [City Manager]
Assistant to the City Manager Marcia McClure Torgerson gave the staff report and
answered questions from the Council. Ms. Torgerson explained that she was aware
that Mayor O'Malley has a conflict of interest on the topic of the adoption of an
Ordinance that will create a Tourism Business Improvement District in Atascadero.
When conducting the follow up for the March 26, 2013 Council meeting, she realized
that there was a possibility that Resolution No. 2013-003 that was adopted at that
meeting under the Consent Calendar could also have been a conflict of interest for
Mayor O'Malley. Ms. Torgerson consulted with the City Attorney, and they concluded
that Mayor O'Malley may vote on a Resolution on Intention to hold a Public Hearing on
a topic where he has a conflict of interest. However, in an abundance of caution, they
decided that it was in the best interest of the City for the Council to rescind the
Resolution and have Mayor O'Malley abstain from voting on a new Resolution of
Intention, and the setting of the hearing.
Mayor O'Malley announced that he has a conflict of interest concerning the adoption of
an Ordinance that will create a Tourism Business Improvement District in Atascadero.
He will not be able to vote on the Ordinance at the hearing of April 9t", or the second
reading on April 23rd. Therefore, he will vote to rescind Resolution No. 2013-003 and
will be abstaining from voting on the new Resolution on Intention and the subsequent
Ordinance on April 9t"
PUBLIC COMMENT: None
Atascadero City Council-Special Meeting
Draft Minutes of March 28,2013
Page 2 of 3
ITEM NUMBER: A- 2
DATE: 04/09/13
MOTION: By Mayor Pro Tem Sturtevant and seconded by Council
Member Fonzi to rescind the vote on the Consent Calendar
Item #7 from the March 26, 2013 Council agenda, adopting
Resolution No. 2013-003, and setting April 9, 2013 as the date
of the public hearing on the establishment of the proposed
ATBID and the levy of assessments.
Motion passed 5:0 by a roll-call vote.
Mayor O'Malley left the room.
MOTION: By Council Member Fonzi and seconded by Council Member
Moreno to:
1. Adopt the Draft Resolution declaring the intention to
establish the Atascadero Tourism Business Improvement
District; and,
2. Set April 9, 2013 as the date of the public hearing on the
establishment of the proposed ATBID and the levy of
assessments.
Motion passed 4:0 by a roll-call vote. (O'Malley abstained)
(Resolution No. 2013-004)
Mayor O'Malley returned to the meeting.
ADJOURNMENT:
Mayor O'Malley adjourned the meeting at 11:35 a.m.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C.
City Clerk / Assistant to the City Manager
Atascadero City Council-Special Meeting
Draft Minutes of March 28,2013
Page 3 of 3
ITEM NUMBER: A- 3
DATE: 04-09-13
Y9701
°�P1'�'�SCADF,RO
Atascadero City Council
Staff Report — Public Works Department
Wastewater Collection System Cleaning Services Contract Award
(Contract for General Trade Services)
RECOMMENDATION:
City Council authorize the City Manager to execute a contract with Mainline Utility
Company for general trade services involving cleaning of the City's wastewater collection
system for an amount not to exceed $129,000.00.
DISCUSSION:
Background: The City of Atascadero has consistently invested in maintaining its
wastewater collection infrastructure. In particular, the City annually cleans the
wastewater collection system utilizing hydro-jetting equipment. The City cleans 25% of
the entire system annually. Therefore, the City cleans the entire system every four
years. Over the years the City's wastewater infrastructure has grown. To date, the
wastewater collection system includes approximately 300,000 linear feet of gravity
sewer main. Therefore, in order to maintain the City's wastewater collection system
maintenance procedures and comply with the State Water Control Board mandates,
approximately 75,000 linear feet of wastewater collection system must be cleaned
annually.
In 2006, the State Water Resources Control Board mandated organizations, with over
one mile of sewer collection system piping, to establish and implement a Sewer System
Management Plan (SSMP). The SSMP contains eleven elements that are required to
be completed based on the organizations collection system size. In August 2009,
Council approved the City's SSMP. Sewer System Management Plan element four
requires the City to clean 25% of the wastewater collection system annually. The City's
entire wastewater collection system was last cleaned in February 2012. By cleaning
25% of the City's wastewater collection system within the 2012/2013 budget, the City
will comply with SSMP and regulatory guidelines in collection system maintenance. The
City Council allocated funds in fiscal year 2012/2013 for general trade services in
wastewater collection system cleaning.
ITEM NUMBER: A- 3
DATE: 04-09-13
Analysis: City staff solicited quotations for general trade services involving cleaning of
the City's wastewater collection system. The Request for Quotation sought general
trade services for municipal sewer main cleaning.
The Request for Quotations were due on February 28th, 2013. Five quotations from
contractors were received, including: Mainline Utility Company, Performance Pipeline,
National Plant Services, Empire Pipe Cleaning and Equipment, and ABC Plumbing.
The quotations were reviewed for accuracy and compliance with the Request for
Quotation requirements and ranked based on cost. Mainline Utility Company is the
apparent low bidder. The fee for general trade services in cleaning the City's
wastewater collection system to be provided by Mainline Utility Company is
$129,000.00.
Conclusion: Staff recommends that the City Council authorize the City Manager to
execute a contract with Mainline Utility Company in the amount of $129,000.00, for
services in cleaning the City's wastewater collection system.
FISCAL IMPACT:
The Sewer Line Cleaning Project is fully funded within the 2011-2013 City Wastewater
budget.
ALTERNATIVES:
The City Council may reject the bids and ask staff to rebid the project.
ATTACHMENT:
1, Mainline Utility Company's Bid Sheet.
ITEM NUMBER: A- 3
DATE: 04-09-13
Attachment 1
Attachment 1
Bid Sheet
FEB 2 9;wWer Line Cleaning Project, City Bid No. 2013-001
The undersigned bidder, having become thoroughly familiar with the stipulations listed
on the Bid Form and with the attached Project Specifications and Sample Contract for the above
mentioned project and with the local conditions affecting the perl'ormance and the cost of the
wurk to be done. hereby proposes and agrees to fully perform the described work(including the
furnishing of any and all labor, materials, tools, expendable equipment and transportation
services necessary to fully perform the work and complete it in a workmanlike manner) in strict
accordance with all applicable state and local laws for the unit prices and/or lump sum prices
given below:
DESCRIPTION PRICE PER LINEAL TOTAL
FOOT
SEWER CLEANING:
Using high velocity waterjet,clean
approximately 75.000 lineal feet of 6"-21 2013 �_� _ 2013 S 3A. d O
(predominately 8"vcp)sanitary sewer line per 2014 S 2014 S�,X�O
year including removal of loose debris using 2015 $__V � `'/3 2015 $�
vacuum suction. "_'016 $ 0 . q i� 2016 $ 3� as`_
TOTALIS 300
•NOTE:In case of rrrur in extension of price inch the ural price column,the unit price will govern.
Business Name: H A Ill LJ a e U fi l► JW f'o
Mailing Address: 1125 CIA b 00 F Sul /-0— A
A 0yo_ CA U1 3.13b
Phone Number: 1-3n-5 - 4:? 1S
Email: _34t L,�Lrrf-a ,^o.44
Atascadcro Business License Number: / / L4 ✓ -
CSl_B C-34 License ger: 9z; U 2
`it-nature rnf Bidder: Cate: 13
Return to: City of Atascadero,Attn: Tara Orlick.
6907 El Camino Real.,Atascadero,CA 93422
For additional information,please call 470-3132.
BIDS DUE: February 28'h,2013,3:IIOpm
ITEM NUMBER: B - 1
DATE: 04/09/13
n FR m Ilial'II ff IF
1918 I lm 1 1979
C"E80,
Atascadero City Council
Staff Report — City Manager's Office
Proposed Ordinance to Establish the
Atascadero Tourism Business Improvement District (ATBID)
RECOMMENDATION:
Council introduce for first reading, by title only, the Draft Ordinance adding Chapter 16
to Title 3 of the Atascadero Municipal Code, establishing the Atascadero Tourism and
Business Improvement District.
DISCUSSION:
The lodging businesses in Atascadero have requested the establishment of the
"Atascadero Tourism Business Improvement District" in order to levy annual
assessments under the Parking and Business Improvement Area Law of 1989. The
activities to be funded by the proposed levy of assessments against Lodging
Businesses within the ATBID are tourism promotions and marketing programs to
promote the City as a tourism destination.
The ATBID assessment will be equal to two percent (2%) of the rent charged by the
Business per occupied room or space per night for all transient occupancies in lodging
businesses. Atascadero currently has an existing Transient Occupancy Tax (TOT) of
ten percent (10%) of the rent charged to transients that stay at lodging businesses,
defined as "hotels" in Title 3, Section 3.02 of the Municipal Code. The ATBID definitions
parallel those for the TOT. ATBID assessments will be collected at the same time and
in the same manner as the TOT.
On March 28th, 2013 the Atascadero City Council adopted Resolution No. 2013-004,
declaring its intention to establish the Atascadero Tourism Business Improvement
District, declaring its intention to levy an assessment on lodging businesses within such
district, and fixing the time and place of a public hearing on the formation of the district.
According to the Parking and Business Improvement Area Law of 1989, at the end of
the public hearing "if written protests are received from the owners of businesses in the
proposed area which will pay 50 percent or more of the assessments proposed to be
ITEM NUMBER: B - 1
DATE: 04/09/13
levied and protests are not withdrawn so as to reduce the protests to less than that 50
percent, no further proceedings to create the specified parking and business
improvement area or to levy the proposed assessment, as contained in the resolution of
intention, shall be taken for a period of one year from the date of the finding of a
majority protest by the City Council."
Following the adoption of the ATBID Ordinance, a Resolution of the City Council of the
City of Atascadero will be adopted to appoint an initial Advisory Board for the
Atascadero Tourism Business Improvement District and establishing the rules and
procedures for the District. The Advisory Board will be comprised of five members who
are representatives of the lodging businesses and will be appointed to serve at the
pleasure of the Atascadero City Council. Each year, an annual report will be prepared
and, the City will adopt an annual Resolution of Intention to levy the ATBID assessment
for that fiscal year.
ALTERNATIVES:
Do not approve the establishment of the Atascadero Tourism Business Improvement
District.
FISCAL IMPACT:
There will be ongoing costs of administration of the ATBID, which will be partially
covered by a 1% administration fee charged against the assessments.
ATTACHMENT:
Draft Ordinance
ITEM NUMBER: B - 1
DATE: 04/09/13
Attachment
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO ADDING CHAPTER 16 TO TITLE 3
OF THE ATASCADERO MUNICIPAL CODE ESTABLISHING
THE ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT
(ATBID)
WHEREAS, the City Council adopted Resolution No. 2013-004 declaring its intention
to establish the Atascadero Tourism Business Improvement District (ATBID), and declaring its
intention to levy an assessment on lodging businesses within such District, and fixing the time
and place of a public hearing on the formation of the district on April 9th, 2013; and,
WHEREAS, a duly noticed public hearing on the formation of the Atascadero Tourism
Business Improvement District or "ATBID" was held on April 9th, 2013, on or about 6:00 p.m.
in the City Council Chambers of the City of Atascadero pursuant to the Parking and Business
Improvement Area Law of 1989, California Streets and Highways Code section 36500 and
following ("BID Law"); and,
WHEREAS, at the conclusion of the public hearing, the number of protests were counted
and it was determined that there was no majority protest within the meaning of the BID Law;
and,
WHEREAS, the public interest, convenience, and necessity require the establishment of
the proposed ATBID; and,
WHEREAS, Lodging Businesses (as defined below) operating within the ATBID will
benefit by the expenditure of funds raised by the assessments to be used for tourism promotions
and marketing programs to promote the City as a tourism destination and to increase transient
stays at lodging businesses; and,
WHEREAS, this ordinance is intended to provide a supplemental source of funding for
the promotion of tourism in the District and it is not intended to replace the 1% of transient
occupancy tax revenue currently used by the City of Atascadero for the promotion of tourism;
and,
WHEREAS, this ordinance is not subject to the California Environmental Quality Act
("CEQA") because it is not a "project" under CEQA since it only establishes a government
funding mechanism and does not involve any commitment to any specific project which may
result in a potentially significant impact on the environment. (Title 14 Cal. Code Regs. §
15378(b)(4).)
ITEM NUMBER: B - 1
DATE: 04/09/13
Attachment
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Title 3 of the Atascadero Municipal Code is amended to add Chapter 16, as set
forth below:
"CHAPTER 16 ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT"
3-16.01 Establishment of the ATBID. A business improvement area to be designated as
the Atascadero Tourism Business Improvement District ("ATBID") is hereby established
pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and
Highways Code section 36500 and following) (the "BID Law").
3-16.02 Boundaries of the ATBID. The boundaries of the Atascadero Tourism
Business Improvement District are the same boundaries as the corporate boundaries of the City.
3-16.03 Definitions. The following words and phrases used in this ordinance will have
the meaning set forth in this section:
A. "Lodging Business"has the same meaning as "hotel" in Section 3-3.02 of Chapter
3 (Transient Occupancy Tax) of this Code.
B. "Occupancy" has the same meaning as in Section 3-3.02 of Chapter 3 (Transient
Occupancy Tax) of this Code.
C. "Operator" has the same meaning as in Section 3-3.02 of Chapter 3 (Transient
Occupancy Tax) of this Code.
D. "Rent" has the same meaning as in Section 3-3.02 of Chapter 3 (Transient
Occupancy Tax) of this Code.
E. "Tax Administrator"means the City Finance Director.
F. "Transient" has the same meaning as in Section 3-3.02 of Chapter 3 (Transient
Occupancy Tax) of this Code.
G. "Transient Occupancy Tax"has the same meaning as in Section 3-3.02 of Chapter
3 (Transient Occupancy Tax) of this code.
3-16.04 Assessment.
(a) Assessment. Each Lodging Business will collect and remit to the City an ATBID
assessment equal to two percent (2%) of the rent charged by the Business per
occupied room or space per night for transient occupancies.
ITEM NUMBER: B - 1
DATE: 04/09/13
Attachment
(b) New Lodging Business Subject to Assessment. Any new Lodging Business
established within the boundaries of the ATBID subsequent to its formation will
be required to collect and remit the applicable ATBID assessment.
(c) Exemptions. No assessment will be imposed on a Lodging Business for any rent
paid by a transient who is exempt by law from paying any transient occupancy
taxes as provided in section 3-3.04 of this code.
(d) Extended Staff No assessment will be imposed on any Lodging Business for any
rent paid by a person who is not deemed a "transient" (as defined in Section 3-
3.02 of this code) when such person's stay is longer than 30 consecutive calendar
days.
(e) Payment of Assessments. Each Lodging Business must remit the assessment at
the time the Business pays its transient occupancy taxes to the City and must
complete and provide such form detailing the applicable rent received and
assessment as may be required by the City. The assessment will not be included
in gross room rental revenue for the purpose of determining the amount of
transient occupancy taxes due.
(f) Payment Prerequisite to Business License and Penalties and Procedures for
Unpaid Assessments.
1. No business license or tax certificate will be issued under Chapter 5 of this
code unless the ATBID assessment payment is current.
2. Penalties and interest will be assessed upon any unpaid assessment in
manner specified in Section 3-3.08 of this code until such time as the current assessment is paid
in full; provided, however, that if there is concurrently a delinquency of the transient occupancy
tax as well as the assessment, a single penalty of$200 will be imposed under Section 3-3.08(a) in
addition to the 10%penalty on the amount of the unpaid assessment.
(g) City Administrative Fee. City will retain one percent (1%) of the collected
assessments as and for its administrative fees and costs.
3-16.05 Use of Assessment Revenues. The services to be funded by the assessments
against Lodging Businesses include tourism promotions and marketing programs to promote the
City as a tourism destination and such other tourism related projects,programs, and activities that
are directed at increasing transient stays at Lodging Businesses in the ATBID and for such other
tourism, branding and marketing purposes as the City and the ATBID Advisory Board may
determine.
3-16.06 Establishment of ATBID Fund. There is created a special fund designated as
the "Atascadero Tourism Business Improvement District Fund" into which all revenues derived
from the ATBID assessments under this ordinance will be placed. Such funds may only be used
only for the purposes specified in this ordinance and the approved annual reports.
ITEM NUMBER: B - 1
DATE: 04/09/13
Attachment
3-16.07 Advisory Board. The City Council will appoint an Advisory Board for the
ATBID under the following procedures:
(a) The ATBID Advisory Board will be comprised of five members.
(b) Membership on the ATBID Advisory Board is limited to Lodging
Business owners or employees or other representatives holding the written consent of the
Lodging Business owner within the ATBID area. To sponsor a member on the ATBID Advisory
Board, each Lodging Business must have fully paid its ATBID assessment at the time of
appointment, and remain fully paid during the term of that representative's membership on the
Board.
(c) ATBID Advisory Board members will serve staggered terms with three
members serving three-year terms and two members serving two-year terms.
(d) The ATBID Advisory Board will be appointed by the City Council,
following a nomination process facilitated by the Lodging Businesses. Each February, the then
current Advisory Board will mail a letter to each Lodging Business in the ATBID announcing the
ATBID Advisory Board seats that are scheduled to become vacant as of July 1 of that calendar
year and requesting nominations for the Board from such Lodging Businesses.
(e) The City Council will appoint the ATBID Advisory Board members who
will serve at the pleasure of the City Council. The Council may, by majority vote, remove any
Advisory Board member with or without cause.
3-16.08 Advisory Board Meetings. The Advisory Board will meet no less than
quarterly.
3-16.09 Reports. The ATBID Advisory Board will prepare, or cause to be prepared, and
file an annual report with the City regarding the activities and finances of the ATBID. The report
must, among other things, itemize the following: (1) proposed activities, programs and projects
for the fiscal year; (2) the approximate cost of such activities programs and projects for the fiscal
year; (3) the amount of surplus or deficit revenues carried over from a previous fiscal year; and
(4) contributions received other than assessments. The report must meet the requirements of
California Streets and Highways Code section 36533. The City Council will review each report,
and may approve the report as filed or modify any portion of the report and approve it as
modified.
3-16.10 City Manager Authority. The City Manager may, by contract, authorize
expenditures to be made in accordance with the annual ATBID program and budget as
recommended by the Advisory Board and approved by the City Council.
3-16.11 Annual Resolution of Intent to Levy Assessment. After approving the annual
report, the City will adopt an annual resolution of intention to levy the ATBID assessment for
that fiscal year, and publish a notice of and hold a public hearing on the proposed annual
assessment in accordance with the BID Law."
ITEM NUMBER: B - 1
DATE: 04/09/13
Attachment
SECTION 2. Effective Date of Initial Assessments. The assessments imposed by this
ordinance for the first year of the ATBID will be due and payable beginning on June 1, 2013.
SECTION 3. Severability. If any action, section, clause, or phrase of this ordinance is,
for any reason, held by a court of competent jurisdiction to be invalid, such decision will not
affect the validity of the remaining portions of this ordinance. The City Council of the City of
Atascadero declares that it would have passed and does hereby pass this section and each
sentence, section, clause, and phrase hereof, irrespective of the fact that any one or more sections,
sentences, clauses, or phrases to be declared invalid or unconstitutional.
SECTION 4. Certification and Publication. The City Clerk is directed to certify the
adoption of this ordinance and cause the same to be published in the manner required by law.
SECTION 5. 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 the 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 April 9th, 2013, and PASSED
and 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
By:
Brian Sturtevant, Mayor Pro Tem
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney