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HomeMy WebLinkAboutAgenda 121013 igl$ 1979 CITY OF A TA SCA DERO �\AT�scAn�Ro j CITY COUNCIL AGENDA Tuesday, December 10, 2013 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Enter on Lewis Ave.) 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 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 b. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 One potential case 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 Tem Sturtevant ROLL CALL: Mayor O'Malley Mayor Pro Tem Sturtevant Council Member Fonzi Council Member Kelley Council Member Moreno APPROVAL OF AGENDA: Roll Call PRESENTATIONS: None. 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 — November 12, 2013 ■ Recommendation: Council approve the City Council Draft Action Minutes of November 12, 2013. [City Clerk] 2. Special Joint Meeting — Atascadero City Council & Planning Commission — Draft Action Minutes - November 14, 2013 ■ Recommendation: Council approve the Special Joint Meeting Draft Action Minutes of November 14, 2013. [City Clerk] 3. October 2013 Accounts Payable and Payroll ■ Fiscal Impact: $2,164,990.15 ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for October 2013. [Administrative Services] 4. Proposed Amendment to the Existing Smoking Ordinance - Second Reading • Fiscal Impact: None. ■ Recommendation: Council adopt on second reading, by title only, the proposed Ordinance amending the existing smoking prohibition as defined in Section 10-1.34 of Chapter 1 of Title 10 of the Atascadero Municipal Code, by expanding the existing smoke-free area within the City to also include any area within 100 feet of Sunken Gardens. [Police] 5. Proposed Amendment to the Prohibited Camping Ordinance - Second Reading ■ Fiscal Impact: None. ■ Recommendation: Council adopt on second reading, by title only, the proposed ordinance repealing Section 10-1.33 (Overnight camping) of Chapter 1 of Title 10 of the Atascadero Municipal Code ("AMC"), and adding Chapter 15 (Prohibited Camping) to Title 5 of the AMC, to better define the prohibited camping ordinance and allow for prosecution of violators. [Police] 6. Purchase of a Large Area Mower ■ Fiscal Impact: This action will result in the expenditure of $55,000 in budgeted Public Works operations funds. ■ Recommendation: Council award the purchase of a large area mower to Turf Star in the amount of $55,000. [Public Works] 7. Pump Repair Services ■ Fiscal Impact: No increased costs are anticipated due to utilizing the pre- approved vendor list. ■ Recommendation: Council authorize the City Manager to execute contracts for on-call pump repair services with the following providers as needed: a. Perry's Electric Motor's & Controls b. PC Mechanical Inc. [Public Works] 8. Water Reclamation Facility Headworks Project Enqineering Services Budget Allocation ■ Fiscal Impact: Approval of the requested change order to AECOM Inc. in the amount of $20,000 for additional engineering services will come from currently budgeted Wastewater Barscreen / Headworks Project funds. ■ Recommendation: Council approve a change order to AECOM Inc. in the amount of $20,000 for additional engineering services for the Water Reclamation Facility Barscreen / Headworks Project. [Public Works] 9. Dove Creek Tract Improvements - Tract 2626 - Release of Maintenance Bond ■ Fiscal Impact: None. ■ Recommendation: Council accept the Dove Creek / Tract 2626 Improvements as complete and direct staff to release the Maintenance Bond. [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(c':D_atascadero.org.) B. PUBLIC HEARINGS: 1. Title 2 Administration Text Amendments, Title 4 Public Safety Text Amendments, Title 8 Building Code Text Amendments, Title 9 Planning and Zoning Text Amendments, PLN 2013-1462 / ZCH 2013-0168, (City of Atascadero) ■ Fiscal Impact: Staff expects minimal fiscal impact from the adoption of the new building codes and proposed code text amendments. ■ Recommendations: Council: 1. Adopt Ordinance A, on second reading by title only, to approve amendments to Title 4 Public Safety; and, 2. Adopt Ordinance C, on second reading by title only, to approve amendments to Title 8 Building Code for consistency with the 2013 California Building Code; and, 3. Adopt Ordinance D, on second reading by title only, to approve amendments to Title 2 Building Code for consistency with the 2013 California Building Code; and, 4. Adopt Ordinance E, on second reading by title only, to approve PLN 2013-1462 (Zone Text Change ZCH 2013-0168, Title 9 Planning and Zoning Ordinance Amendments). [Community Development/Public Works/Fire] 2. Appeal of City Denial of Request for an Interim Management Plan for the Millhollin Mine (Glen Millhollin) ■ Fiscal Impact: None. ■ Recommendation: Council adopt Draft Resolution denying the appeal of the City denial of the request for an Interim Management Plan for the Millhollin Mine. [City Attorney] 3. PLN 2008-1314 Dove Creek Commercial Center - Amendment to Condition #10 Santa Barbara Road & EI Camino Real (Fortune Companies) ■ Fiscal Impact: The recommendation relinquishes all potential future rights for the parcel to be conveyed to the City, including that the City would not be responsible for the costs associated with securing clear title to the property. ■ Recommendation: Planning Commission Recommends: 1. City Council adopt Draft Resolution A approving an amendment to Condition #10 of CUP 2003-0099 related to the Commercial Center Master Plan of Development based on findings. 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 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, Lori Mlynczak, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the December 10, 2013 Regular Session of the Atascadero City Council was posted on December 3, 2013, 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 3rd day of December, 2013, at Atascadero, California. Lori Mlynczak, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATA SCA DERO 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 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, 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 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.