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HomeMy WebLinkAboutAgenda 052813 Tuesday,CITY OF A TASCADERO CITY COUNCIL, AGENDA May 9 Real, 2013 City Hall Council Chambers 6907 El Camino ' California City i seSession- City c f ip.m. CITY COUNCIL CLOSED SESSION- . . . CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor e tii t r (Govt. Code Sec. 54957.6) A ency designated representatives- Wade McKinney, City Manager Employee Organizations-. Atascadero Firefighters Bargaining Unit,- Atascadero Police Association; Service Employees International Union, Local 520; Mid-Management/Professional Employees; Non- Represented Professional and Management Workers and Confidential Employees f b. Public Employee Performance Evaluation (Govt. Code 54957) Title: City Manager C. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(d)(1) Save Atascadero, v. City of Atascadero, et al. San Luis Obispo County Superior Court Case No. CV 128230 d. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(4)(1) City of Atascadero v. Atascadero Ventures, LLC, et al. Ventura County Superior Court Case No. 56-2012-00426129-CU-CO-VTA 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: Mayor Pro Tern Sturtevant ROLL CALL: Mayor O'Malley Mayor Pro Tern Sturtevant Council Member Fonzi Council Member Kelley Council Member Moreno APPROVAL OF AGENDA: Roll Call PRESENTATION: 1. Recognition of Frank Sommers, former Atascadero Fire Department employee, for his 35 years of service A. CONSENT CALENDAR. (All Stems 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.) ® Apple Valley AssessrLient Districts • Fiscal Impact: Annual assessments for 2013/2014 will total $42,000 for road/drainage system maintenance and $52,500 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley. • Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) for fiscal year 2013/2014. 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley). 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) in fiscal year 2013/2014, and to appoint a time and place for the public hearing on these matters. 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2013/2014 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code. 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2013/2014. 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2013/2014. [Administrative Services] 2. DeAnza Estates Assessment Districts RN Fiscal Impact: Annual assessments for 2013/2014 will total $40,090 for road/drainage system maintenance and $15,875 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in De Anza Estates. The City General Fund will contribute $1,080 for the fiscal year 2013/2014 for half of the maintenance costs of the trails and open space. Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) for fiscal year 2013/2014. 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates). 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) in fiscal year 2013/2014, and to appoint a time and place for the public hearing on these matters. 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2013/2014 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code. 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report forte Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2013/2014. 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2013/2014. [Administrative Services] I 3. Las Lomas (Woodridgie) Assessment Districts • Fiscal Impact: Annual assessments for 2013/2014 will total $23,741 for road/drainage system maintenance and $81,651 for landscape and lighting maintenance. These amounts will be assessed tote owners of parcels in Woodridge. • Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and for Drain Maintenance District No. 02 (Woodridge) for fiscal year 2013/2014. 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge). 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and for Drain Maintenance District No. 02 (Woodridge) in fiscal year 2013/2014, and to appoint a time and place for the public hearing on these matters. 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2013/2014 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code. 5, Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2013/2014. 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2013/2014. [Administrative Services] 4. Temporary Road Closure —Colonv Days Parade to Fiscal Impact: No net fiscal impact to the General Fund, as the road closure fee covers the staff time and equipment required for traffic control and clean-up related tothis event (estimated at $2,600.00). Recommendation: Council adopt the Draft Resolution establishing a temporary Colony Days Parade Route on Saturday, October 19, 2013, and establishing associated tow-away and "No Parking" zones and road closures from October 17 — 20, 2013, on the dates, times and locations as specified in the Draft Resolution. [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 mtoLgerson a atascade[g.or B. PUBLIC HEARINGS: 1. Appeal of the Planning Commission Approval of an Amendment to CUP 2002-0071 All :)winq an Expansion of Facilities at Refuge Church - 2 9-051 2099-0516 - 6955 & 6855 Portola Road (Refuge Churc!2) ® 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 is no fiscal impact to the City that would be associated with either approval or denial of the appeal or the Conditional Use Permit Amendment. • Recommendation- Council adopt Draft Resolution A denying the appeal and upholding Planning Commission's approval of an amendment to Conditional Use Permit 2002-0071 based on findings and subject to conditions of approval-. [Community Development] ® PLN 2099-1033 - Amendment to Conditional Use Permit 2003-0095 Master Plan of Development for Southside Villas - Affordable_ousin Determination - 9190 San Dieqo Wav erg al Ventures, LLC / Roberts) 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: one. Recommendation: Planning Ccarr missionRecommerg ds'- The City Council adopt Draft Resolution A eliminating two (2) very low income units as part of an amendment to Conditional Use Permit 2003- 0095. [Community Development] C. MANAGEMENT REPORTS: 1® De Anza Horse Arena • Fiscal Impact: one, unless further improvements are deemed warranted byte Council that include purchase of materials or equipment to improve conditions at the area. • Recommendations: Council: 1. Receive and file this update on the current operational challenges of the De Anza Horse Arena; and, 2. Provide staff with specific direction on preferred method of resolving operational challenges. [Public Works] 2. Atascadero Lake at Quality Improvement Project Fiscal Impact: $20,000 in General Fund Reserves to design and install water fountains at Atascadero Lake. If the fountains were operated four hours a day, seven days a week from May through October, the estimated annual power costs would be $8,000 to $10,000. The Lake Park Boat Rental concessionaire has already committed $1,000 per year donation to offset the project's power costs. Recommendation: Council authorize the Director of Administrative Services to appropriate $20,000 in General Fund Reserves to design and install water fountains at Atascadero Lake to improve water quality. [Public Works] ® Route 41 Multi-Purpose Pathway to the Park Fundinq ® Fiscal Impact: $156,000 of Pedestrian Bridge TE Funds would be reallocated to and combined with the Route 41 Multi-purpose Pathway to the Park grant funds • Recommendatiow Council authorize the use of Transportation Enhancement (TE) Funds previously dedicated towards the Downtown Pedestrian Bridge for the design and construction of the Route 41 Pathway to the Park TE Project for an amount not to exceed $156,000.: [Public Works] 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 (I A) 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (RTA) Mayor Pro Tern 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. SLC 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 (C A) 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. 1, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the May 28, 2013 Regular Session of the Atascadero, City Council was posted on May 21, 2013, at the Atascadero, City Hall, 6907 El Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 21st day of May, 2013, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero City 8fAtascadeP0 WELCOME TO THE A TASCADER0 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 beheld at the City Hall Council Chambers, 89O7 E| Camino Real, Atasoadeno, Matters are considered bythe Council inthe order of the printed Agenda. Regular Council meetings are televised 1ive, 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 . Meetings are also broadcast on radio station KPRL /\K0 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 inthe office ofthe City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City He||, 0907 B Camino Real, Ataaoadeno, and on our website, . An agenda packet is also available for public review at the Atasmadero Libnary, 6850 K3mrno RoadContracts, Resolutions and Ordinances vvi|U be allocated anumber once they are approved bythe City Council. The minutes mfthis meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either need into the record or ne#*rpad to in their statement will benoted inthe minutes and available for review inthe City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in m City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Offioe, 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, ^CQK4K8UN|TY FOFlUM^, the Mayor will call for anyone from the audience having business with the Council boapproach the lectern and berecognized. 1 Give your name for the record (not required) Z� State the nature ofyour business. 3. All comments are limited ho3minutes. 4� All comments should Uemade tothe Mayor and Council. 5. No person shall be permitted to make s|anderous, pro&ane or negative personal remarks concerning any other individual, absent orpresent This iethe time items not on the Agenda may be brought tothe Council's attention. A maximum of 30 minubeawi|U 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 meetingDigital 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 ONAGENDA ITEMS(from Title 2, Chapter I of the AtascadeumMunicipal Code) Members of the audience may speak on any hem on the agendaThe Mayor will identify the subject, staff will give their report, and the Council will ask questions ofstaff. The Mayor vxi|i announce when the public comment period inopen and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. M you wish tospeak for, against orcomment ioany way: 1. You must approach the lectern and berecognized bythe Mayor 2Give your name (not required) 3. Make your statement 4. All comments should bemade tothe Mayor and Council 5. No person shall be permitted to make siandmnous, profane mrnegative personal remarks concerning any other individual, absent orpresent 6All comments limited hm3minutes The Mayor will announce when the public comment period is c|osed, and thenea0er, no further public comments will be heard hythe Council.