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HomeMy WebLinkAboutCC_2016-11-08_Agenda Packet CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, November 8, 2016 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Fonzi ROLL CALL: Mayor O’Malley Mayor Pro Tem Moreno Council Member Fonzi Council Member Kelley Council Member Sturtevant City Council Regular Session: 6:00 P.M. City Council Closed Session: Immediately Following Regular Session Successor Agency to the Community Redevelopment Agency of Atascadero Special Closed Session: Immediately Following Regular Session Page 1 APPROVAL OF AGENDA: Roll Call Recommendation: Council: 1. Approve this agenda; and 2. Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances will be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes. PRESENTATIONS: 1. Commendation to the Knights of Columbus. 2. Commendation to the Atascadero Kiwanis. 3. Commendation to Rick Evans of Another Rick Evans Photo. 4. Proclamation Recognizing the Charles Paddock Zoo for 25 years of AZA Accreditation. 5. Presentation by Atascadero Unified School District – Attendance Awareness Month. 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 C ity 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 – October 25, 2016  Recommendation: Council approve the City Council Draft Action Minutes of the October 25, 2016 City Council meeting. [City Clerk] 2. September 2016 Treasurer’s Report  Recommendation: Council receive and file the City Treasurer’s Report for quarter ending September 2016. [Administrative Services] 3. ATBID Board Appointment  Fiscal Impact: None.  Recommendation: The ATBID Board recommends: Council appoint Tianna Speth to fill the vacant ATBID Board term to expire June 30, 2017. [City Manager] Page 2 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 cityclerk@atascadero.org.) B. PUBLIC HEARINGS: None 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. SLO Council of Governments (SLOCOG) 4. 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 Page 3 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 5. Integrated Waste Management Authority (IWMA) 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. ADJOURN REGULAR MEETING TO CLOSED SESSION CITY COUNCIL CLOSED SESSION: 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Rachelle Rickard, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit b. Conference with Legal Counsel – Existing Litigation Paragraph (1) of subdivision (d) of Government Code Section 54956.9 California PUC Applications of Pacific Gas and Electric Nos. 15-09-001 and 16-08-006 4. CLOSED SESSION – ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT 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. Page 4 I, Lara K. Christensen, Assistant City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the November 8, 2016 Regular Session of the Atascadero City Council was posted on November 1, 2016, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for public review at that location. Signed this 1st day of November, 2016, at Atascadero, California. Lara K. Christensen, Assistant City Clerk City of Atascadero Page 5 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 t he 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 servi ces 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 maxim um 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 presentation s 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 rema rks 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. Page 6 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, October 25, 2016 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California CITY COUNCIL CLOSED SESSION: 5:00 P.M. Mayor O’Malley announced at 5:00 p.m. that the Council is going into Closed Session. 1. CLOSED SESSION -- PUBLIC COMMENT - None 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Rachelle Rickard, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit City Council Closed Session: 5:00 P.M. Successor Agency to the Community Redevelopment Agency of Atascadero Special Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. ITEM NUMBER: A-1 DATE: 11/08/16 Page 7 Atascadero City Council October 25, 2016 Page 2 of 5 b. Conference with Legal Counsel – Existing Litigation Paragraph (1) of subdivision (d) of Government Code Section 54956.9 California PUC Applications of Pacific Gas and Electric Nos. 15-09-001 and 16-08-006 4. CLOSED SESSION – ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT The City Attorney reported that there was no reportable action. REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor O’Malley called the meeting to order at 6:00 p.m. and Mayor Pro Tem Moreno led the Pledge of Allegiance. ROLL CALL: Present: Council Members Kelley, Fonzi, Sturtevant, Mayor Pro Tem Moreno, and Mayor O’Malley Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Public Works Director Nick DeBar, Police Chief Jerel Haley, Interim Fire Chief Mike Hubert, City Attorney Brian Pierik, and Deputy City Manager Lara Christensen. APPROVAL OF AGENDA: MOTION: By Council Member Sturtevant and seconded by Council Member Fonzi to: 1. Approve this agenda; and, 2. Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances will be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes. Motion passed 5:0 by a roll-call vote. ITEM NUMBER: A-1 DATE: 11/08/16 Page 8 Atascadero City Council October 25, 2016 Page 3 of 5 PRESENTATIONS: 1. Employee Recognition – presented by City Manager Rachelle Rickard City Manager Rickard presented Service Awards to the following employees, and thanked them for their service: 5 Years Steven Tirotta, Zookeeper I 10 Years Nicholas Coughlin, Police Officer Gregg Meyer, Police Sergeant Caleb Davis, Police Sergeant Thomas Little, Fire Engineer A. CONSENT CALENDAR: 2. City Council Draft Action Minutes – October 11, 2016  Recommendation: Council approve the City Council Draft Action Minutes of the October 11, 2016 City Council meeting. [City Clerk] 3. September 2016 Accounts Payable and Payroll  Fiscal Impact: $2,922,822.38  Recommendation: Council approve certified accounts payable, payroll and payroll vendor checks for September 2016. [Administrative Services] 4. Measure F-14 Fiscal Year 2016/2017 Pavement Rehabilitation Project – Professional Engineering Service Contract  Fiscal Impact: This action will result in the expenditure of up to $85,550 in budgeted Sales Tax Measure F-14 funds.  Recommendation: Council authorize the City Manager to execute a contract with Pavement Engineering, Inc. to provide professional engineering services for the Measure F-14 Fiscal Year 2016/2017 Pavement Rehabilitation Project, for an amount not to exceed $85,550. [Public Works] MOTION: By Council Member Sturtevant and seconded by Mayor Pro Tem Moreno to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (#A-3: Contract No. 2016-024) ITEM NUMBER: A-1 DATE: 11/08/16 Page 9 Atascadero City Council October 25, 2016 Page 4 of 5 UPDATES FROM THE CITY MANAGER: City Manager Rachelle Rickard gave an update on projects and issues within the City. COMMUNITY FORUM: The following citizens spoke during Community Forum: Gary Kirkland, Mitch Paskin, Jim Wilkins (Exhibit A), and Deborah Eckhardt. Mayor O’Malley closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. Development of the City of Atascadero’s Local Area Management Program (LAMP)  Fiscal Impact: Development of a LAMP is not funded in the current budget cycle and is expected to cost in the range of $40,000 to $50,000.  Recommendations: Council: 1. Direct staff to pursue the development of a City Local Area Management Plan (LAMP) and contract services with a qualified professional consultant to assist with this effort. 2. Authorize the Administrative Services Director to amend the current Budget by appropriating $50,000 from the General Fund Reserves to cover the costs in developing a City LAMP. [Public Works] Public Works Director Nick DeBar gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Mayor O’Malley and seconded by Council Member Fonzi to: 1. Direct staff to pursue the development of a City Local Area Management Plan (LAMP) and contract services with a qualified professional consultant to assist with this effort; and, 2. Authorize the Administrative Services Director to amend the current Budget by appropriating $50,000 from the General Fund Reserves to cover the costs in developing a City LAMP. Motion passed 5:0 by a roll-call vote. ITEM NUMBER: A-1 DATE: 11/08/16 Page 10 Atascadero City Council October 25, 2016 Page 5 of 5 2. Proposition 64 – The Control, Regulate, and Tax Adult Use of Marijuana Act  Fiscal Impact: None.  Recommendation: Council receive and file report on Proposition 64, The Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA”). [City Attorney] City Attorney Brian Pierik gave the staff report and answered questions from t he Council. PUBLIC COMMENT: The following citizens spoke on this item: Gary Lee, and Deborah Eckhardt. Mayor O’Malley closed the Public Comment period. The City Council received and filed this report. COUNCIL ANNOUNCEMENTS AND REPORTS: None D. COMMITTEE REPORTS: None E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURN Mayor O’Malley adjourned the meeting at 7:55 p.m. MINUTES PREPARED BY: ______________________________________ Marcia McClure Torgerson, C.M.C. City Clerk The following exhibit is available for review in the City Clerk’s office: Exhibit A – Jim Wilkins, handout distributed to City Council ITEM NUMBER: A-1 DATE: 11/08/16 Page 11 ITEM NUMBER: A-2 DATE: 11/08/16 Page 12 ITEM NUMBER: A-2 DATE: 11/08/16 Page 13 ITEM NUMBER: A-2 DATE: 11/08/16 Page 14 ITEM NUMBER: A-2DATE: 11/08/16Page 15 ITEM NUMBER: A-2DATE: 11/08/16Page 16 ITEM NUMBER: A-2DATE: 11/08/16Page 17 ITEM NUMBER: A-2DATE: 11/08/16Page 18 ITEM NUMBER: A-2DATE: 11/08/16Page 19 ITEM NUMBER: A-2DATE: 11/08/16Page 20 ITEM NUMBER: A-2 DATE: 11/08/16 Page 21 ITEM NUMBER: A-2 DATE: 11/08/16 Page 22 ITEM NUMBER: A-2 DATE: 11/08/16 Page 23 ITEM NUMBER: A-2 DATE: 11/08/16 Page 24 ITEM NUMBER: A-3 DATE: 11/08/16 Atascadero City Council Staff Report – City Manager’s Office Atascadero Tourism Business Improvement District (ATBID) Board Appointment of Board Member to Fill Vacancy RECOMMENDATION: The ATBID Board recommends: Council appoint Tianna Speth to fill the vacant ATBID Board term to expire June 30, 2017. DISCUSSION: In 2013, the lodging businesses in Atascadero requested the Council establish a Tourism Business Improvement District (TBID) in order to levy annual assessments that would fund tourism promotions and marketing programs to promote the City as a tourism destination. The City Council did establish the Atascadero Tourism Business Improvement District (ATBID), appointed board members, and the assessments began June 1, 2013. The ATBID Advisory Board is comprised of three members serving three-year terms, and two members serving two-year terms. In August, 2016 Lindsey Ridgeway with Springhill Suites resigned from the board, opening up a vacant position. The Atascadero Municipal Code § 3-16.07 (b) states that membership on the ATBID Board is limited to lodging business owners or other representatives named in writing as an empowered designee by a lodging business owner within the ATBID area. To sponsor a member on the ATBID Advisory Board, each lodging business must have fully paid its ATBID assessment at the time of appointment, and remain fully paid during the term of that representative’s membership on the Board. In order to fill the vacant board position, the nomination process for ATBID board members was followed. A letter was mailed out to each lodging business on September 19, 2016, notifying them of a lodging representative meeting for the purpose of making Page 25 ITEM NUMBER: A-3 DATE: 11/08/16 nominations for the vacant ATBID Board seat. At that meeting held on October 19, 2016, lodging representatives nominated an eligible candidate and a written ballot election was held to determine the nominee to be recommended to the City Council. The lodging owners recommend Tianna Speth from SpringHill Suites by Marriott to fill the vacant ATBID Board term to expire on June 30, 2017. FISCAL IMPACT: None ALTERNATIVES: The Council may decide to not proceed with approval of Tianna Speth to the Atascadero TBID Advisory Board and refer it back to the lodging owners for an alternate recommendation. ATTACHMENTS: 1. Approval Letter from SpringHill Suites by Marriott Page 26 ITEM NUMBER: A-3 DATE: 11/08/16 ATTACHMENT: 1 Page 27