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HomeMy WebLinkAboutCC_2014-06-24_Agenda CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, June 24, 2014 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Enter on Lewis Ave.) 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 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 b. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Rachelle Rickard, 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 City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. 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. Employee Service Awards 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 wi th 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 – June 10, 2014  Recommendation: Council approve the City Council Draft Action Minutes of June 10, 2014. [City Clerk] 2. Oakhaven Public Improvements Acceptance and Letter of Credit Release and Reduction - 1155 El Camino Real  Fiscal Impact: None.  Recommendations: Council: 1. Accept and certify the satisfactory completion of frontage improvements related to Encroachment Permit BLD 2013-10779, Tract 2614, Oakhaven Development; and, 2. Authorize staff to release the Labor and Material Letter of Credit for 187,041.00, and authorize the reduction of the Performance Letter of Credit for $374,082.00 to 10% of the original amount, or $37,408.00, for the one year maintenance warranty period; and, 3. Authorize staff to release the 10% Maintenance Warranty Letter of Credit upon satisfactory completion of the one year maintenance period. [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 f or 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. Placement of Sewer Service Charges on the 2014-2015 Property Tax Rolls  Ex Parte Communications:  Fiscal Impact: The City will bill $1,758,880.82 in sanitation service charges for Fiscal Year 2014-2015.  Recommendation: Council adopt the Draft Resolution placing sewer service charges on the 2014-2015 property tax rolls. [Public Works] 2. Consideration of Sales Tax Measure  Ex Parte Communications:  Fiscal Impact: The proposed sales tax measure would generate an estimated $1.7 - $2.0 million in additional annual revenue. The total cost of placing the measures on the ballot is estimated to be approximately $6,500 of budgeted General Funds.  Recommendation: Council introduce for first reading by title only, the Draft Ordinance imposing a transactions and use tax to be administered by the State Board of Equalization. [City Manager] C. MANAGEMENT REPORTS: 1. General Municipal Election - November 4, 2014  Fiscal Impact: The City Clerk’s estimate for the 2014 election of officials in Atascadero is $28,500. The addition of the ballot measure and an advisory measure is approximately $6,500. Therefore, the total estimate for the 2014 election including ballot measures is $35,000.  Recommendations: A. Council adopt the following Resolutions for the purpose of electing a Mayor, two members to the City Council, a City Clerk, and a City Treasurer: 1. Draft Resolution A, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 4, 2014; and, 2. Draft Resolution B, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 4, 2014. OR B. Council adopt the following Resolutions for the purpose of electing a Mayor, two members to the City Council, a City Clerk, and a City Treasurer, and to submit to the voters a sales tax ballot measure and advisory measure: 1. Draft Resolution C, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 4, 2014; and, 2. Draft Resolution D, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 4, 2014; and, 3. Draft Resolution E, setting priorities for filing written arguments regarding the City measures and directing the City Attorney to prepare an impartial analysis; and, 4. Draft Resolution F, providing for the filing of rebuttal arguments for City measures submitted at Municipal Elections. [City Clerk] 2. Status Report - Dormant Building Permit Program - Phase 5 - 2014  Fiscal Impact: The Dormant Permit Program fees are significantly lower than the City’s current fee schedule. Ending the program is expected to improve City permit revenues and Capital Facility Impact Fees collection.  Recommendations: Council: 1. Direct staff to notify permit applicants that Phase 5 of Dormant Permit Program will end on December 31, 2014; and, 2. Determine that permit applications that have been updated to the 2013 California Building Code, prior to December 31, 2014, will remain val id until the 2016 California Building Code goes into effect; and, 3. Direct staff to cancel all other dormant permit applications on January 1, 2015. [Community Development] 3. PLN 2099-1033 - Conditional Use Permit 2003-0095 - Master Plan of Development for Southside Villas - 9190 San Diego Way - (CenCal Ventures, LLC / Roberts)  Fiscal Impact: None.  Recommendations: Council: 1. Direct staff to proceed with eminent domain proceedings to acquire the right-of-way needed to install offsite improvements along 9198 San Diego Road fronting APN 045-352-001 (Paul Prins); and, 2. Authorize the City Manager to execute an agreement with the developer to recoup any and all legal, engineering, and staff costs associated with the acquisition of the right-of-way and construction access to the Prins site. [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 (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. League of California Cities – Council Liaison Council Member Fonzi 1. Air Pollution Control District 2. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero 3. SLO Local Agency Formation Commission (LAFCo) 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) 3. City of Atascadero Design Review Committee 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 subm itted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Lori Mlynczak, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the June 24, 2014 Regular Session of the Atascadero City Council was posted on June 18, 2014, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 18th day of June, 2014, at Atascadero, California. Lori Mlynczak, 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. Council meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, 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 meeting s 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, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeti ng 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 a nd 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.