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HomeMy WebLinkAboutAgenda 062513 V lots r CITY OF A TASCADERO CITY COUNCIL, AGENDA Tuesday, June 25, 2013 City Council 6907 El Camino Real, Atascadero, California City Council Closed Session: 5;15 p.m. City cil Regular Session: 6:00 p.m. CITY COUNCILSESSION: . ® CLOSED SESSION ®® PUBLIC ® COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED 3. CLOSED SESSION ®® CALL TO ORDER ® Conference with Legal Counsel a Existing Litigation Government Code Section 54956.9(d)(1) Save Atasca ere v. City of,Atascadero, et al. San Luis Obispo County Superior Court Case No. O!f 128230 b. Conference with Legal Counsel Anticipated iti . ti Initiation of litigation pursuant to paragraph ( ) of subdivision (d) of Government Code Section 54956.9 One case 4. CLOSED SESSION --ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION — REPORT REGULAR SESSION — CALL TO ORDER: 6:00 P.W PLEDGE OF ALLEGIANCE: Council Member Kelley ROLL CALL- Mayor O'Malley Mayor Pro Tern Sturtevant Council Member Fonzi Council Member Kelley Council Member Moreno APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Citizen Commendation for Act of Heroism presented to Lance O'Brien by Police Chief Jerel Haley 2. Presentation to Outgoing City Manager Wade McKinney 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. Ci!y Council Draft Action Minutes — May _..13 28 20_13 Recommendation.- Council approve the City Council Draft Action Minutes of May 28, 2013. [City Clerk] 2. April 2013 Accounts Payable and Payroll ® Fiscal Impact: $3,074,621.58. ® Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for April 2013. [Administrative Services] 3. May 2013 Accounts Payable and Payroll • Fiscal Impact: $3,280,477.96. • Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for May 2013. [Administrative Services] 4. 2013 Micro-Surfacinq Proiect Award — Citv Bid No. 2013-003 • Fiscal Impact: $415,323.61 for construction of the 2013 Micro-surfacing Project • Recommendations: Council: 1. Authorize the City Manager to award the bid and execute a contract with American Asphalt Company in the amount of $415,323.61 for construction of the 2013 Micro-surfacing Project; and, 2. Authorize the City Manager to award Bid Additive Alternate Item A, in the amount of $48,860.65 for additional micro-surfacing on El Camino Real, and the Apple Valley Additive Alternate in the amount of $2,530 for additional micro-surfacing of Conejo Road. Bid Additive Alternate Items are included in total contract price referenced in Item 1, above; and, 3. Authorize the City Manager to expand the El Camino Real portion of the Project, and to execute change orders in excess of 20% in order to completely use available Proposition 1 B funding; and, 4. Authorize the Public Works Director to intermittently close portions of El Camino Real, San Luis Avenue and the Apple Valley neighborhood roads during the construction period; and, 5. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. [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 byte 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 mfor gerson(abatascadero.org.) B. PUBLIC HEARINGS: 1® Remote Caller Binqo Amendment of it 3, Chapter 12 of the Atascadero Munit ipaLCode 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: Minimal: This code to change will require the City to license remote caller bingo operators. This will require some amount of staff time on an annual basis Recommendation- Council introduce for first reading by title only, the Draft Ordinance amending Title 3 of the Atascadero Municipal Code allowing Remote Caller Bingo games in the City of Atascadero. [Community Development] 2. Apple Valley Assessment Districts 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: 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 approving the final Engineer's Report regarding the Street and for Drain Maintenance District No. 01 (Apple Valley), and the levy and collection of annual assessments related thereto for fiscal year 2013/2014; 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2013/2014 for Street and for Drain Maintenance District No. 01 (Apple Valley); 1 Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 01 (Apple Valley), and the levy and collection of annual assessments related thereto in fiscal year 2013/2014; and 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2013/2014 for Landscaping and Lighting District No. 01 (Apple Valley.) [Administrative Services 3. De Anza Estates Assessment Districts ® 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: 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 approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto for fiscal year 2013/2014; 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2013/2014 for Street and for Drain Maintenance District No. 03 (De Anza Estates); & Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto in fiscal year 2013/2014; and 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2013/2014 for Landscaping and Lighting District No. 03 (De Anza Estates.) [Administrative Services] 4. Woodridge [Las Lomas) Assessment Districts ■ 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: 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 to the owners of parcels in Woodridge • Recommendations: Council: 1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 02 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2013/2014; Z Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2013/2014 for Street and Storm Drain Maintenance District No. 02 —Woodridge (Las Lomas); 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 102 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year 2013/2014; and 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2013/2014 for Landscaping and Lighting District No. 02 —Woodridge (Las Lomas.) [Administrative Services] 5. Downtown Parkina & Business Improvement Area (PBIA) (FY 2013-14) Confirmation of Annual Assessment • Description: Request for Council to confirm annual assessment for downtown PBIA. • 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: Council adopt the Draft Resolution confirming the annual assessment forte Downtown Parking & Business Improvement Area (Fiscal Year 2013-2014) at $0.00. [City Manager] 6. Communitv Facilities District 2005-1 Annexation No. 8 - Oakhaven Vilia_ e Townhouses (Silverie / Oakhaven Villaqe 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: The establishment of Annexation No. 8 wiH provide the City with $37,987.20 annually to fund new Police, Fire, and Park Services for the Oakhaven Village development. • Recommendations: Council: 1. Conduct the public hearing on the proposed annexation, and, 2. Direct the City Clerk to collect and count the ballots; and, 3. Adopt Draft Resolution A, making findings, certifying the results of an election and adding the Oakhaven Village property to Community Facilities District No. 2005-1 (Public Services), Annexation No. 8 (Oakhaven Village). [Community Development] C. MANAGEMENT REPORTS: 1. Memorandums of Understandinq for the Atascadero Police Officers Association, Mid-ManagernenttProfessional Employees Association Service Emplovees International Union Local 620, Atascadero Professional Firefighters Association Local 3600 and Resolution for Non-Represented Professional and Management Workers and Confidential Employees • Fiscal Impact: Changes to the MOUs and Resolution for Non- Represented Employees will result in additional costs of approximately $220,000. • Recommendations: Council: 1. Approve the Memorandums of Understanding (MOUs) for the Atascadero Police Officers Association, Mid-Management/Professional Employees Association, Service Employees International Union Local 620, Atascadero Professional Firefighters Association Local 3600; and, 2. Adopt the Draft Resolution for Non-Represented Professional and Management Workers and Confidential Employees; and, 3. Approve the Salary Schedule for Fiscal Year 20,13-2014. [City Manager] 2. Appointment of ac el Rickard as Ci!y Magager ® Fiscal Impact: The monthly salary for ac elle Rickard will be $12,492.36 plus benefits. In the first year of the Agreement, there represents a savings of $43,355 as compared to the cost that would have been incurred forte salary and benefits of current City Manager Wade McKinney. • Recommendation: City Council approve the Employment Agreement for Rachelle Rickard to serve as City Manager forte City of Atascadero. [City Manager] 3. Contract for Animal Care and Control Services FY 2013 - 2016 • Fiscal Impact: The fiscal impact of approving this contract is $229,459.00 for the first year. Yearly adjustments based on service may result in either increases or decreases to this amount in the following years. It is anticipated that costs will remain somewhat stable based on the documentation of services provided during the prior contract. • Recommendation- Council authorize the Mayor to execute a three-year contract with the County of San Luis Obispo for the continued provision of Animal Control Services from July 1, 2013 to June 30, 2016, in the amount of $229,459.00 for the first year, with annual adjustments based on the service levels provided to the City for each year thereafter. [Police] 4. Draft Response to Grand Jury Report Entitled "Email Accessibility to it over Government" • Fiscal Impact: one. • Recommendation: Council approve the Draft Response to the Grand Jury Report entitled "Email Accessibility to City Government" and authorize the City Manager to execute the Draft Response. [City Manager] 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'Mallpy 1. City/ Schools Committee 2. County Mayors Round Table 3. Integrated Waste Management Authority (I A) 4. SLO Council of Governments (SLOC( ) 5. CLQ? 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. SLO Local Agency Formation Commission (LAFCo) — alternate Council Member Kellen 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 I OR ACTION: 1. City Council Mayor O'Malley will announce his appointment of Vice Chairperson on the Oversight Board, to replace exiting City Manager, Wade McKinney 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 June 25, 2013 Regular Session of the Atascadero City Council was posted on June 18, 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 18th day of June, 2013, at Atascadero, California. 0lictoria andall, Deputy City Clerk City of Atascadero City of Atascade[o 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 conlmence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will beheld at the City Hall Council Chambers, OQO7E| Camino Real, Atascadero. Matters are considered bythe Council inthe order of the printed Agenda. Regular Council meetings are televised |ive, 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 sbnUmn KPRL /\K8 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 He|l, 6907 E| Camino Real, Ataaoaden», and on our website, An agenda pocked is also available for public review atthe AtascaderV Libosry, 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 Counoil 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 Aot, if you meed 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 QfDce, 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 bemade toprovide accessibility tothe meeting orservice. TO SPEAK ON SUBJECTS NOT LISTED ONTHE AGENDA Under Agenda item. ^C[}&4K4UN|TY F(}RUK0^. the Mayor will oe|Y for anyone from the audience having business with the Council hmapproach the lectern and berecognized. 1. Give your name for the record (not required) Z State the nature ofyour business. 3. All comments are limited to3minutes. 4� All comments should bemade tethe Mayor and Council. 5. No person shall be permitted to make slanderous, profane ornegative penamoa| remarks concerning any other individual, absent ocpresent 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 nmmpuhar 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. TKDSPEAK ON AGENDA ITEMS (from Title 2, Chapter Imf the AtascadwmwMunicipal Code) Members ofthe audience may speak onany item mnthe agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions ofstaff. The Mayor will announce when the public comment period isopen and will request anyone interested toaddress the Council regarding the matter being considered tostep uphmthe lectern. If you wish bospeak for, against mrcomment inany way: 1� You must approach the lectern and berecognized bythe Mayor Z Give 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 s|andex>us, profane ornegative personal remarks concerning any other individual, absent orpresent 6. All comments limited b»3minutes The Mayor will announce when the public comment period is o|oaed, and therma#er, no further public comments will be heard bythe Council.