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AGENDA

Tuesday, October 14, 2008

City Hall

Council Chambers

6907 El Camino Real, Atascadero, California

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CLOSED SESSION: 5:30 P.M.

1. PUBLIC COMMENT – CLOSED SESSION

2. CALL TO ORDER

a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Govt. Code Sec. 54956.8)

Property address: Easement from Capistrano Avenue to Stadium Park along APN# 029-105-028 Agency Negotiator: Wade McKinney, City Manager Negotiating Parties: Dr. Gary Renzaglia and Ms. Sandy Hughes Under Negotiation: Instruction to negotiator will concern price and terms of payment.

3. ADJOURN

 CLOSED SESSION REPORT

 REGULAR SESSION:

6:00 P.M.

 PLEDGE OF ALLEGIANCE:

Council Member Luna

 ROLL CALL:

Mayor Brennler

Mayor ProTem Béraud

Council Member Clay

Council Member Luna

Council Mayor O’Malley

 APPROVAL OF AGENDA:

 Motion and  Vote

Roll Call

 PRESENTATION:

1.  Energy Conservation Presentation and Pledge Signing -- by Natalie Schaeffer, Director of Paso Robles Children’s Museum

A.  CONSENT CALENDAR:

 Motion and Vote

(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 Special Meeting Minutes – June 26, 2008
„X Recommendation: Council approve the City Council Special Meeting Minutes of June 26, 2008. [City Clerk]

2. City Council Draft Minutes – July 8, 2008
„X Recommendation: Council approve the City Council Meeting Minutes of July 8, 2008. [City Clerk]

3. City Council Draft Minutes – August 12, 2008
„X Recommendation: Council approve the City Council Meeting Minutes of August 12, 2008. [City Clerk]

 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. 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.)

B. PUBLIC HEARINGS:

None.

C. MANAGEMENT REPORTS:

1.  Central Coast Regional Water Quality Control Board - Basin Plan Septic System Amendments

 Motion and Vote

Amending  Motion and  Vote

Fiscal Impact: If Council chooses to comment on the basin plan, there will be a commitment of staff time; however no additional funding will be required. The total costs for compliance with the Basin Plan requirements are unknown at this time. Total and ongoing costs will depend on the level of detail required in our Onsite Wastewater Management Plan. The City does have the option to forgo regulation of septic systems in Atascadero by not signing a MOU with the Regional Board. Regulation of septic systems would revert back to the Regional Board. This means that this option would have to be carefully weighed vs. the benefit of being able to regulate septic systems locally.
Recommendation: Council direct Staff to provide the State Water Board with comments on Staff’s analysis of the Central Coast Regional Water Quality Control Board’s Septic System Basin Plan amendments.

2. Regional Water Quality Control Board (RWQCB) - Storm Water Management Plan - NPDES Phase II – (continued from 9/23/08 Council meeting)
Fiscal Impact: The long term fiscal impact is unknown at this time but could be significant. Staff is estimating the consultant costs will likely range between $30,000 and $50,000 to study the impacts of the new requirements and prepare a compliant SWMP.
Recommendation: Council direct staff to file the 2004 Storm Water Management Plan (SWMP) with the Central Coast Regional Water Quality Control Board (RWQCB) with language that the City will conduct a future process to attempt to incorporate the Board’s February 15, 2008 revised standards to the extent practicable for this community. [Public Works]

a. Supplemental Report: Regional Water Quality Control Board (RWQCB) Storm Water Management Plan NPDES Phase II

b. Supplemental Report: City Attorney Report on Potential Third Party Liabilities – Storm Water Management Plan
Fiscal Impact: The City Attorney is unable to estimate the potential fiscal impact which might result from third party lawsuits as it is unknown at this time when the City might obtain approval of its Storm Water Management Plan and, further, the nature and extent of any third party lawsuits is unknown as none have been filed to date.

3. Campaign Ordinance
Fiscal Impact: The fiscal impact of the adoption of this Ordinance will be the staff time involved in the implementation of the Ordinance which will include: processing of Declaration of Candidacy Statements, calculation of expenditure limit each election season, public noticing requirements, press releases, postings on the website and processing of additional Late Contribution Reports.
Action: If Council desires to adopt this campaign ordinance:  Council introduce for first reading by title only the Draft Ordinance amending the Atascadero Municipal Code by adding Chapter 19 to Title 2, adopting an ordinance to be known as “Atascadero Campaign Ordinance. [City Attorney]

4.  Atascadero Lake Park Great Lawn Installation

 Motion and Vote

Fiscal Impact: Approval of this recommendation will result in the expenditure of approximately $35,000 in previously allocated to the Lake Park Frontage improvement project.
Recommendations: Council:
1. Approve an amendment to the permit for the Atascadero Veterans Memorial project to allow for landscaping modifications; and,
2. Authorize the expenditure of up to $35,000 of the previously allocated Lake Park Frontage Improvement project funds for purposes of installing the Great Lawn at Atascadero Lake Park; and,
3. Approve the reduction of approximately 22,000 square foot of low-use, non-essential lawn area at other City maintained facilities and/or lowered maintenance service levels in City Parks.

         5. Wrestling Baccantes – Location Selection Process

Fiscal Impact: Funding will be needed to administer the process and to complete an engineer’s estimate of the construction cost for the various display options suggested. The 2007-2009 Budget currently has $51,980.00 that is unencumbered for the Project. If additional funding for the selected display is necessary, staff will bring it back to Council to determine which projects should be reduced, deleted, or postponed.
Recommendation: Council endorse the location selection process and provide decision parameters relevant to the future placement of the Wrestling Bacchantes. [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.)

1. Mayor Mike Brennler

a.  De Anza Project Bridges

Mayor Brennler requests Council review of the permitting issues related to these bridges.

b.  Ballot Measure D-08

 Motion and Vote

Mayor Brennler requests Council consideration and/or action to allow Ballot Measure D-08 to be included in the Candidate Final Word Forum scheduled for November 1, 2008.

D. COMMITTEE REPORTS:

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

Mayor Brennler

1. County Mayors Round Table

2. Air Pollution Control District (APCD)

3. Finance Committee

Mayor Pro Tem Béraud

1. Integrated Waste Management Authority (IWMA)

2. City / Schools Committee

Council Member Clay

1. City / Schools Committee

2. Atascadero Youth Task Force

Council Member Luna

1. Finance Committee

Council Member O’Malley

1. S.L.O. Council of Governments (SLOCOG)

2. S.L.O. Regional Transit Authority (SLORTA)

3. Economic Vitality Corporation, Board of Directors (EVC)

4. League of California Cities – Council Liaison and CITIPAC Board Member

E. INDIVIDUAL DETERMINATION AND / OR ACTION:

1. City Council

2. City Clerk Parks and Recreation Commission Youth Representative – need two Council Members appointed for interview.

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 submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office.

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. unless there is a Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held 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, 6907 El Camino Real, Atascadero, 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 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 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 3 minutes
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:

„h Please approach the lectern and be recognized
„h Give your name and address (not required)
„h 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 / Attachments
101408 - Suppl Materials 1a Att.pdf   4.6 mb.Download
  101408 - Suppl Materials 1a Att.pdf
101408 - Suppl Materials 1a-Council.pdf   148 kb.Download
  101408 - Suppl Materials 1a-Council.pdf
101408 - Suppl. Materials 1b Att.pdf   65.64 kb.Download
  101408 - Suppl. Materials 1b Att.pdf
101408 -Supplemental Materials 1b.pdf   147.8 kb.Download
  101408 -Supplemental Materials 1b.pdf
A-1 Spc Mtg Draft Minutes 062608.pdf   30.36 kb.Download
  A-1 Spc Mtg Draft Minutes 062608.pdf
A-2 CC Draft Minutes 070808.pdf   155.54 kb.Download
  A-2 CC Draft Minutes 070808.pdf
A-3 CC Draft Minutes 081208.pdf   201.83 kb.Download
  A-3 CC Draft Minutes 081208.pdf
C-1 Att. A Basin Plan Response.pdf   963.67 kb.Download
  C-1 Att. A Basin Plan Response.pdf
C-1 Att. B Basin Plan -Letter to Briggs.pdf   75.09 kb.Download
  C-1 Att. B Basin Plan -Letter to Briggs.pdf
C-1 Basin Plan Septic System.pdf   373.37 kb.Download
  C-1 Basin Plan Septic System.pdf
C-2 Storm Water Management Plan.pdf   7.32 mb.Download
  C-2 Storm Water Management Plan.pdf
C-2a Suppl. Rpt. -SWMP Att.pdf   160.31 kb.Download
  C-2a Suppl. Rpt. -SWMP Att.pdf
C-2a Suppl. Rpt.- SWMP.pdf   88.8 kb.Download
  C-2a Suppl. Rpt.- SWMP.pdf
C-2b Att. -Storm Water Liability.pdf   74.98 kb.Download
  C-2b Att. -Storm Water Liability.pdf
C-2b Suppl. Rpt.-SWMP- Liability.pdf   76.82 kb.Download
  C-2b Suppl. Rpt.-SWMP- Liability.pdf
C-3 Att. Campaign Ordinance.pdf   81.72 kb.Download
  C-3 Att. Campaign Ordinance.pdf
C-3 Campaign Ordinance.pdf   73.02 kb.Download
  C-3 Campaign Ordinance.pdf
C-4 Att Great Lawn Map.pdf   5.03 mb.Download
  C-4 Att Great Lawn Map.pdf
C-4 Lake Park Lawn Project.pdf   85.14 kb.Download
  C-4 Lake Park Lawn Project.pdf
C-5 Bacchantes Location Process.pdf   505.84 kb.Download
  C-5 Bacchantes Location Process.pdf