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HomeMy WebLinkAboutCC_2016-04-12_Amended Agenda CITY OF ATASCADERO CITY COUNCIL AMENDED AGENDA Tuesday, April 12, 2016 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance 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 Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Designated Representatives: City Manager and City Attorney Unrepresented Employee: Fire Chief b. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9 (d)(4) - one case. 4. CLOSED SESSION – ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. 6. CLOSED SESSION – REPORT REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor O’Malley ROLL CALL: Mayor O’Malley Mayor Pro Tem Moreno Council Member Fonzi Council Member Kelley Council Member Sturtevant APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Proclamation Recognizing April 2016 as Sexual Assault Awareness Month 2. Presentation by Support Services for Veterans Families 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 22, 2016  Recommendation: Council approve the City Council Draft Action Minutes of the March 22, 2016 City Council meeting. [City Clerk] 2. February 2016 Accounts Payable and Payroll  Fiscal Impact: $1,634,741.20  Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for February 2016. [Administrative Services] 3. Improvement District No. 4 (Separado-Cayucos Assessment District) Closeout  Fiscal Impact: Use of $50,929 in the Assessment District No. 4 Funds, less closeout fees, refunded to the eligible property owners.  Recommendation: Council adopt a Draft Resolution declaring the remaining funds as surplus, ordering the disposition of surplus amounts, and approving the District Closeout Analysis and Findings Report prepared by NBS for the City of Atascadero Improvement District No. 4 (Separado-Cayucos Assessment District). [Administrative Services] 4. Ordinance Amending Section 9-6.186 of the Atascadero Municipal Code Regarding Marijuana Cultivation Facilities (PLN 2015-1574)  Fiscal Impact: The proposed ordinance represents a continuation of existing enforcement policies regarding medical marijuana facilities, so there would be no change in the fiscal impact for the City.  Recommendation: Council adopt on second reading, by title only, Draft Ordinance A amending Section 9-6.186 of the Atascadero Municipal Code Regarding Marijuana Cultivation Facilities. [Community Development] 5. Weed/Refuse Abatement Program  Fiscal Impact: The City recovers costs for administering this program through the 150% administrative charge, which is placed on the San Luis Obispo County Special Tax Assessment for the fiscal year 2016 -2017 Tax Roll.  Recommendation: Council adopt the Draft Resolution declaring vegetative growth and/or refuse a public nuisance, commencing proceedings for the abatement of said nuisances, and placing all abatement fees on the San Luis Obispo County Special Tax Assessm ent for the fiscal year 2016-2017 Tax Roll. [Fire] 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. Community Facilities District 2005-1 Annexation No. 14 – 5310 Carrizo Tract 2625 / Annexation No. 15 – 8570 El Corte Tract 2802 / Annexation No. 16 – 10380 El Camino Real VTPM #AT 14-0028  Ex-Parte Communications:  Fiscal Impact: The establishment of Annexations No. 14, 15, and 16 into the CFD is intended to mitigate the fiscal impact of residential development on the City. These three projects, totaling 23 units, would provide $14,951.84 annually at build out, based on the current Actual Rates, levied to fund the expansion of Police, Fire, and Park Services associated with the new residential units.  Recommendations: Council: 1. Conduct a public hearing on the proposed annexations; and, 2. Adopt Draft Resolution A, authorizing the territory identified in City Council Resolution 2016-006 (Annexation No. 14 - 5310 Carrizo Tract 2625) to be annexed into the Community Facilities District No. 2005-1, authorizing the levy of a special tax and submitting the levy of a special tax to qualified electors; and, 3. Adopt Draft Resolution B, authorizing the territory identified in City Council Resolution 2016-007 (Annexation No. 15 - 8570 El Corte Tract 2802) to be annexed into the Community Facilities District No. 2005-1, authorizing the levy of a special tax and submitting the levy of a special tax to qualified electors; and, 4. Adopt Draft Resolution C, authorizing the territory identified in City Council Resolution 2016-008 (Annexation No. 16 – 10380 El Camino Real VTPM #AT 14-0028) to be annexed into the Community Facilities District No. 2005-1, authorizing the levy of a special tax and submitting the levy of a specia l tax to qualified electors; and, 5. Direct the City Clerk to conduct landowner votes of annexations and collect and count the ballots. Council to recess until ballots are counted 6. Adopt Draft Resolution D, declaring the results of a special annexation landowner election for Annexation No. 14 (5310 Carrizo Tract 2625), determining the validity of prior proceedings and directing the recording of an amendment to the notice of special tax lien; and, 7. Adopt Draft Resolution E, declaring the results of a special annexation landowner election for Annexation No. 15 (8570 El Corte Tract 2802), determining the validity of prior proceedings and directing the recording of an amendment to the notice of special tax lien; and, 8. Adopt Draft Resolution F, declaring the results of a special annexation landowner election for Annexation No. 16 (10380 El Camino Real VTPM #AT 14-0028), determining the validity of prior proceedings and directing the recording of an amendment to the notice of special tax lien; and, 9. Introduce for first reading, by title only, Draft Ordinance A, authorizing the levy of special taxes in Community Facilities District 2005-1 for certain annexation territory identified as Annexation No. 14 (5310 Carrizo Tract 2625); and, 10. Introduce for first reading, by title only, Draft Ordinance B, authorizing the levy of special taxes in Community Facilities District 2005-1 for certain annexation territory identified as Annexation No. 15 (8570 El Corte Tract 2802); and, 11. Introduce for first reading, by title only, Draft Ordinance C, authorizing the levy of special taxes in Community Facilities District 2005-1 for certain annexation territory identified as Annexation No. 16 (10380 El Camino Real VTPM #AT 14 -0028). [Community Development] C. MANAGEMENT REPORTS: 1. Sales Tax Measure F-14 2015/2016 Rehabilitation Project Engineering Design Services Award  Fiscal Impact: This action will result in the expenditure of up to $135,150 in budgeted Sales Tax Measure F-14 funds.  Recommendation: Council authorize City Manager to execute a contract with Rick Engineering Company to provide professional engineering services for the Measure F-14 Fiscal Year 2015/2016 Pavement Rehabilitation Project, for an amount not to exceed $135,150. [Public Works] 2. General Plan & Housing Element Annual Progress Report 2015 (PLN 2006-1133)  Fiscal Impact: None.  Recommendation: The Planning Commission recommends: Council authorize submittal of the attached 2015 Annual General Plan and Housing Report to the State of California. [Community Development] 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 t ake 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 Moreno 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City of Atascadero Finance Committee (Chair) 3. Economic Vitality Corporation, Board of Directors (EVC) 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) 4. City of Atascadero Design Review Committee 5. SLO County Water Resources Advisory Committee (WRAC) 6. Water Issues Liaison Council Member Kelley 1. Atascadero State Hospital Advisory Committee 2. City of Atascadero Design Review Committee 3. Homeless Services Oversight Council 4. City of Atascadero Finance Committee Council Member Sturtevant 1. City / Schools Committee 2. League of California Cities – Council Liaison 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 t he 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 M. Kudzma, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing amended agenda for the April 12, 2016 Regular Session of the Atascadero City Council was posted on April 7, 2016, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for public review at that location. Signed this 7th day of April, 2016, at Atascadero, California. Lori M. Kudzma, 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 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 m ay 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 meeti ng 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, staf f 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 b e heard by the Council.