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CITY OF ATASCADERO CITY COUNCILAGENDA

Tuesday, July 24, 2007

Redevelopment Agency: 6:30 P.M.

City Council: 7:00 P.M.

City Hall Council Chambers

6907 El Camino Real, Atascadero , California

PLEDGE OF ALLEGIANCE: Council Member O’Malley

ROLL CALL: Mayor Luna

Mayor Pro Tem Brennler Council Member Béraud

Council Member Clay

Council Member O’Malley

APPROVAL OF AGENDA: Roll Call

   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 five minutes. Please state your name for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.)

   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.) PRESENTATIONS:

    1. Employee Service Award Presentations.

    2. Citizen Barbara Mamoud will make a presentation to several police officers.

    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.)

1. City Council Special Meeting Minutes - May 29, 2007 City Clerk Recommendation: Council approve the City Council Special Meeting Minutes of May 29, 2007. [City Clerk]

2. City Council Meeting Minutes – June 12, 2007 City Clerk Recommendation: Council approve the City Council Meeting Minutes of June 12, 2007. [City Clerk]

3. April 2007 Investment Report  Fiscal Impact: None.  Recommendation: Council approve the City Treasurer’s report for April 2007. [Treasurer]

4. 2007-2008 Annual Spending Limit  Description: Approval establishes the City’s annual spending limit which must be approved by the Council at the beginning of each fiscal year.  Fiscal Impact: None.  Recommendation: Council adopt the Draft Resolution, establishing the annual spending limit for fiscal year 2007-2008. [Administrative Services]

5. Temporary Road Closure / Movies in the Park (Community Services Department)  Fiscal Impact: None.  Recommendation: Council approve a request by the Community Services Department to close a portion Palma Avenue on the following five Saturdays: 7/28/07, 8/4/07, 8/11/07, 8/18/07 & 8/25/07 for the movies in the park events. [Community Services]

    6. Request for Proposal (RFP) Process - City Attorney  Description: Circulation of RFP’s for City Attorney services to review the service levels and rates in the market.  Fiscal Impact: None.  Recommendation: Council approve the attached Request for Proposals for City Attorney services and direct the City Manager to implement the recruitment process. [City Manager]

7. Pre-Tax Payroll Deduction Plan for Employees Choosing to Purchase CalPERS Service Credit  Description: Approval would allow employees the option to purchase service credit with pre-tax dollars for previous years they may have or could have worked for a public agency.  Fiscal Impact: All costs associated with additional service credit purchases are picked up by the employee.  Recommendation: Council approve the Draft Resolution allowing pre-tax payroll deductions for California Public Employees Retirement System (CalPERS) service credit purchases. [City Manager]

8. Purchase of Network Servers and Related Technical Support  Description: Approval to purchase new network servers to replace the older existing server configuration.  Fiscal Impact: Funding has been budgeted in the Technology Replacement Fund for this purpose.  Recommendations: Council: 1. Authorize the City Manager to execute an agreement with Hewlett Packard for network servers for the amount of $67,604.17; and, 2. Authorize the City Manager to execute an agreement with Pinnacle Technologies for Storage Area Network (SAN) software, replication and backup software and related installation services and support for the amount of $49,052.00. [City Manager]

9. Graffiti Abatement Ordinance  Fiscal Impact: Staff has previously estimated that, on average, it is costing $400 per incident to abate. However, Staff has developed a tracking procedure that should provide a greater accounting of actual costs associated with abating graffiti.  Recommendation: Council adopt, on second reading, by title only, the Draft Graffiti Abatement Ordinance, thereby amending Atascadero Municipal Code Title 5 to add Chapter 14. [City Manager]    10. City Manager Salary Review and Amendment to Management/Non- Represented Employment Resolution  Fiscal Impact: The additional cost of the City Manager’s salary and the retirement plan has been budgeted for in the 2007-09 budget.  Recommendations: Council: 1. Adopt the facilitator’s recommendation to increase the City Manager’s salary by 5% for a Cost of Living Adjustment (COLA) and 5% for a merit increase, and; 2. Adopt the Draft Resolution amending Resolution 2007-066 establishing the compensation and benefit plan for non-represented professional and management workers and confidential employees effective July 1, 2007 – June 30, 2009. [City Manager]

   11. Consultant Selection - Transit Center Site Selection Study  Description: Approval authorizes RRM Design Group to proceed with the study to locate and recommend a site for a transit center in Atascadero .  Fiscal Impact: $86,000.00.  Recommendation: Council authorize the City Manager to execute a contract with RRM Design Group in the amount of $86,000.00, for a Transit Center Site Selection Study. [Public Works]

12. Santa Cruz Landslide Repair Award (City Bid No. 2007-006)  Description: Repair of the existing landslide under and along the west end of Santa Cruz Road , near San Gregorio.  Fiscal Impact: Total project expenditure of $405,554.00.  Recommendations: Council: 1. Authorize the City Manager to execute a contract with Raminha Construction to construct the Santa Cruz Landslide Repair; and 2. Authorize the Public Works Director to file a notice of completion after the project is finished; and 3. Authorize the Closure of Santa Cruz Road between Lenosa Lane and San Gregorio Road . [Public Works]

13. Atascadero Lake Park Restroom Replacement Project Award (City Bid No. 2007-001)  Description: Project will modify the Lake Park restroom facilities to meet all of the ADA compliance requirements.  Fiscal Impact: $334,360.00 from CDBG Funds.  Recommendations: Council: 1. Authorize the City Manager to execute a contract with Wysong Construction in the amount of $247,800.00 for the Restroom Replacement Project; and 2. Authorize the Administrative Services Director to appropriate an additional $66,710.00 in CDBG Funds for the Restroom Replacement Project. [Public Works]

14. 2006/2007 Road Rehabilitation Traffic Way Paving Award (City Bid No. 2007-004)  Description: Project will widen and repave Traffic Way from Olmeda Ave. to Via Ave.  Fiscal Impact: Estimated expenditure of $485,844.00.  Recommendation: Council authorize the City Manager to execute a contract with Union Asphalt, Inc. in the amount of $347,645.15 for construction of the Traffic Way Road Rehabilitation Project. [Public Works]

15. Sewer Extension Reimbursement Agreement ( Apple Valley )  Description: Approval of a sewer extension reimbursement agreement for Apple Valley .  Fiscal Impact: The City will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded.  Recommendation: Council approve a Sewer Extension Reimbursement Agreement for the Apple Valley Residential Development. [Public Works]

16. Sewer Extension Reimbursement Agreement ( Violeta Ave. ) Description: Approval of a sewer extension reimbursement agreement for Violeta Ave. Fiscal Impact: The City will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded.  Recommendations: Council: [Public Works] 1. Accept the Violeta Ave. Sewer Extension as complete and accept the improvements into the City sewer system; and 2. Approve the attached Public Sewer Extension Reimbursement Agreement. [Public Works]

17. Authorization to Purchase Aerial Ladder Truck  Fiscal Impact: $871,167.00 from the Aerial Fire Truck Fees Fund.  Recommendation: Council authorize the City Manager to enter into a contract with Pierce Manufacturing Co. to build and deliver a model year 2007 aerial ladder truck for $871,167.00. [Fire]

18. Temporary Road Closure – Hot El Camino Cruise Nite 2007  Fiscal Impact: None.  Recommendation: Council approve the Draft Resolution authorizing the closure of El Camino Real, from Curbaril to Traffic Way , on Friday, August 17, 2007 from 5:00 p.m.- 8:30 p.m. and the closure of East Mall, Palma and West Mall from 1:00 p.m. - 8:30 pm [Community Services]

B. PUBLIC HEARINGS:

   1. PLN 2007-1205 / APL 2007-0012 / PLN 2099-0183 / APL 2007-0013: Appeal of Planning Commission’s Conditions of Approval for Tree Removal Permit 2006-0094 (5105 and 5305 Chauplin Lane) Finch/Messer  Disclosure of Ex-Parte Communications  Description: Request to reverse the Planning Commission’s approval of Tree Removal Permit 2006-0094 for the removal of 62 native trees subject to mitigation measures.  Fiscal Impact: None.  Recommendation: Council adopt Draft Resolution B thereby denying the appeal and uphold the Planning Commission’s approval of Tree Removal Permit 2006-0094 for the removal of sixty-two (62) native trees subject to mitigation measures. [Community Development]

   Motion and Vote

   2. Confirming the Cost of Vegetative Growth and/or Refuse Abatement  Description: Request confirmation of abatement costs.  Fiscal Impact: No direct fiscal impact. The contractor costs for the 2007 weed abatement / refuse abatement totals are $23,125.00 with $15,637.50 recovered through assessments placed on the 2007-2008 property tax bills.  Recommendation: Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire]

   Motion and Vote

C. MANAGEMENT REPORTS:

    1. Referendum Petition Concerning Creek Setbacks / Resolution No. 2007- 022 / General Plan Amendment #2006-0017  Description: Council to decide whether to repeal General Plan Amendment or call for an election.  Fiscal Impact: $0 – 70,000, depending on the option chosen.  Recommendations: Council: 1. Receive the Certificate of Sufficiency from the City Clerk, certifying the “Referendum Against a Resolution Passed by the City Council, Resolution #2007-022,” that was filed with the City Clerk on June 7, 2007; and, 2. Take one of the following actions: a. Adopt Draft Resolution A, to repeal Resolution No. 2007-022, removing the General Plan Amendment 2006-0017, which amended the Land Use, Open Space, and Conservation Element of the Atascadero General Plan; and give staff direction on how the City Council wants to proceed on a permanent creek setback ordinance; or,

b. Adopt Draft Resolution B, to call for an election to submit Resolution No. 2007-022 to the voters, and direct the City Clerk to consolidate the ballot measure election with the next general municipal election on November 4, 2008; or,

c. Adopt Draft Resolution B, to call for a Special Election to submit Resolution No. 2007-022 to the voters, and direct the City Clerk to consolidate the Special Election with the February 5, 2008 Presidential Primary; or, d. Adopt Draft Resolution B, to call for a Special Election to submit Resolution No. 2007-022 to the voters, and direct the City Clerk to consolidate the Special Election with the June 3, 2008 Statewide Direct Primary; or, e. Adopt Draft Resolution C, to call for a stand-alone Special Election to submit Resolution No. 2007-022 to the voters, and direct the City Clerk to schedule the stand-alone Special Election on a date specific, not less than 88 days from July 24, 2007 (October 21, 2007 and beyond), and on a Tuesday.

   Motion and Vote

   2. Human Service Grants  Description: Approval of the distribution of $20,000 in grant funds to assist local service providers that have a profound impact on the community.  Fiscal Impact: The program is budgeted at $20,000.  Recommendation: Council approve Human Services Grants to the Agencies and in the amounts recommended by the Finance Committee in Attachment A. [City Manager] 3. Designation of Voting Delegate – League of California Cities’ Annual Conference  Description: Designation of voting delegate to attend the League’s Annual Business Meeting and take action on conference resolutions that guide cities and the League in their efforts to improve the quality of local government in California .  Fiscal Impact: None.  Recommendations: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities’ Annual Conference in September 2007, and direct the City Clerk to inform the League of the designation. [City Clerk]

D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary):

1. County Mayor ’s Round Table

2. Finance Committee

3. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee

4. Nacimiento Water Purveyors’ Contract Technical Advisory Group

5. North County Water Purveyors Group Mayor Pro Tem Brennler

1. Air Pollution Control District (APCD) 2. Economic Opportunity Commission (EOC) 3. Atascadero Youth Task Force Council Member Béraud 1. Integrated Waste Management Authority (IWMA) 2. City / Schools Committee Council Member Clay 1. City / Schools Committee Council Member O’Malley 1. S.L.O. Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA) 2. Finance Committee 3. Economic Vitality Corporation, Board of Directors (EVC) 4. 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

a. Commission Attendance Reports

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, Shannon Sims, Deputy City Clerk of the City of Atascadero , declare under the penalty of perjury that the foregoing agenda for the July 24, 2007 Regular Session of the Atascadero City Council was posted on July 17, 2007 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 17th day of July, 2007 at Atascadero , California . ___________________________________ Shannon Sims, 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 7:00 p.m., at the City Hall Council Chambers, 6907 El Camino Real, Atascadero . Matters are considered by the Council in the order of the printed Agenda. 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 and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 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 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. Council meetings are video taped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470- 3400). 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 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 podium. If you wish to speak for, against or comment in any way: 1. You must approach the podium and be recognized by the Mayor 2. Give your name and address (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 5 minutes (unless changed by the Council) 7. No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. 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 brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. 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. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. 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: Please approach the podium and be recognized Give your name and address (not required) State the nature of your business 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).  

Staff Reports

Staff Reports / Attachments
A-10: CM Salary / Emplymnt. Reso.   104.14 kb.Download
  A-10: CM Salary / Emplymnt. Reso.
A-10: CM Salary / Emplymnt. Reso. (att. 1)   129.11 kb.Download
  A-10: CM Salary / Emplymnt. Reso. (att. 1)
A-11: Transit Center Consultant   106.82 kb.Download
  A-11: Transit Center Consultant
A-12: Santa Cruz Landslide Repair   161.06 kb.Download
  A-12: Santa Cruz Landslide Repair
A-12: Santa Cruz Landslide Repair (att. 1)   86.16 kb.Download
  A-12: Santa Cruz Landslide Repair (att. 1)
A-13: Lake Restroom Replacmnt.   100.57 kb.Download
  A-13: Lake Restroom Replacmnt.
A-13: Lake Restroom Replacmnt. (att. 1)   85.9 kb.Download
  A-13: Lake Restroom Replacmnt. (att. 1)
A-14: Traffic Way Paving   100.92 kb.Download
  A-14: Traffic Way Paving
A-15: Sewer Reimb. (Apple Valley)   101.95 kb.Download
  A-15: Sewer Reimb. (Apple Valley)
A-15: Sewer Reimb. (Apple Valley)(att. 1)   92.03 kb.Download
  A-15: Sewer Reimb. (Apple Valley)(att. 1)
A-16: Sewer Reimb. (Violeta)   100.91 kb.Download
  A-16: Sewer Reimb. (Violeta)
A-16: Sewer Reimb. (Violeta)(att. 1)   948.7 kb.Download
  A-16: Sewer Reimb. (Violeta)(att. 1)
A-17: Aerial Ladder Truck   97.18 kb.Download
  A-17: Aerial Ladder Truck
A-18: Rd. Closure - Cruise Nite   84.55 kb.Download
  A-18: Rd. Closure - Cruise Nite
A-18: Rd. Closure - Cruise Nite (att. 1)   60.45 kb.Download
  A-18: Rd. Closure - Cruise Nite (att. 1)
A-18: Rd. Closure - Cruise Nite (att. 2)   29.45 kb.Download
  A-18: Rd. Closure - Cruise Nite (att. 2)
A-18: Rd. Closure - Cruise Nite (att. 3)   62.25 kb.Download
  A-18: Rd. Closure - Cruise Nite (att. 3)
A-18: Rd. Closure - Cruise Nite (att. 4)   81.92 kb.Download
  A-18: Rd. Closure - Cruise Nite (att. 4)
A-1: CC Minutes 5/29/07   126.28 kb.Download
  A-1: CC Minutes 5/29/07
A-2: CC Minutes 6/12/07   158.64 kb.Download
  A-2: CC Minutes 6/12/07
A-3: April 2007 Investments   81.34 kb.Download
  A-3: April 2007 Investments
A-4: Annual Spending Limit   86.5 kb.Download
  A-4: Annual Spending Limit
A-4: Annual Spending Limit (att. 1)   73.91 kb.Download
  A-4: Annual Spending Limit (att. 1)
A-5: Rd. Closure/Movies in the Park   95.42 kb.Download
  A-5: Rd. Closure/Movies in the Park
A-5: Rd. Closure/Movies in the Park (att. 1)   67.51 kb.Download
  A-5: Rd. Closure/Movies in the Park (att. 1)
A-5: Rd. Closure/Movies in the Park (att. 2)   36.95 kb.Download
  A-5: Rd. Closure/Movies in the Park (att. 2)
A-6: RFP Process / CA   94.27 kb.Download
  A-6: RFP Process / CA
A-6: RFP Process / CA (att. 1)   99.89 kb.Download
  A-6: RFP Process / CA (att. 1)
A-7: CalPERS Service Credit   102.25 kb.Download
  A-7: CalPERS Service Credit
A-7: CalPERS Service Credit (att. 1)   64.57 kb.Download
  A-7: CalPERS Service Credit (att. 1)
A-8: Network Servers Purchase   108.87 kb.Download
  A-8: Network Servers Purchase
A-9: Graffiti Abatement Ord.   100.37 kb.Download
  A-9: Graffiti Abatement Ord.
A-9: Graffiti Abatement Ord. (att. 1)   88.78 kb.Download
  A-9: Graffiti Abatement Ord. (att. 1)
B-1: Appeal-Chauplin Lane   4.39 mb.Download
  B-1: Appeal-Chauplin Lane
B-2: Confirming Abatement Cost   89.55 kb.Download
  B-2: Confirming Abatement Cost
B-2: Confirming Abatement Cost (att. 1)   59.99 kb.Download
  B-2: Confirming Abatement Cost (att. 1)
B-2: Confirming Abatement Cost (att. 2)   41.75 kb.Download
  B-2: Confirming Abatement Cost (att. 2)
C-1: Creek Setback Referendum   128.89 kb.Download
  C-1: Creek Setback Referendum
C-1: Creek Setback Referendum (att. 2)   136.77 kb.Download
  C-1: Creek Setback Referendum (att. 2)
C-1: Creek Setback Referendum (att. 3)   64.85 kb.Download
  C-1: Creek Setback Referendum (att. 3)
C-1: Creek Setback Referendum (att. 4)   72.09 kb.Download
  C-1: Creek Setback Referendum (att. 4)
C-1: Creek Setback Referendum (att. 5)   97.16 kb.Download
  C-1: Creek Setback Referendum (att. 5)
C-2: Human Service Grants   100.29 kb.Download
  C-2: Human Service Grants
C-3: Voting Delegate   95.31 kb.Download
  C-3: Voting Delegate

 

AGP Video

SLOSPAN.ORG

805-772-2715