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CITY OF ATASCADERO

CITY COUNCIL

AGENDA

Tuesday, May 26, 2009

City Hall

Council Chambers

6907 El Camino Real, Atascadero, California

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CLOSED SESSION: 5:00 P.M.

1. PUBLIC COMMENT – CLOSED SESSION

2. CALL TO ORDER

a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION

(Government Code Section 54957)

Title: CITY MANAGER

b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION

(Government Code Section 54957)

Title: CITY ATTORNEY

3. ADJOURN

 CLOSED SESSION REPORT

 CITY COUNCIL REGULAR SESSION: 6:00 P.M.

 PLEDGE OF ALLEGIANCE: Council Member Kelley

 ROLL CALL: Mayor Béraud

Mayor Pro Tem Fonzi

Council Member Clay

Council Member Kelley

Council Member O’Malley

 APPROVAL OF AGENDA: Roll Call

 Motion and Vote 

PRESENTATION:

1.  Commendation to Marjorie R. Mackey for Outstanding Contributions to the Community.

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.)

 Motion and Vote 

1. City Council Meeting Draft Minutes – April 14, 2009

„X Recommendation: Council approve the City Council Meeting Draft Minutes of April 14, 2009. [City Clerk]

2. City Council Meeting Draft Minutes – April 28, 2009

„X Recommendation: Council approve the City Council Draft Minutes of April 28, 2009. [City Clerk]

 

3. San Andres Avenue Road Rehabilitation Project Award - City Bid No. 2009-007

„X Fiscal Impact: $226,628.90 budgeted from Gas Tax funds.

„X Recommendations: Council:

1. Authorize the City Manager to execute a contract with A Jay Excavating Inc. in the amount of $226,628.90 for construction of the San Andres Avenue Rehabilitation Project; and,

2. Authorize the Public Works Director to intermittently close portions of San Andres Avenue during the construction period; and,

3. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. [Public Works]

4. Appointment of Public Works Director Russ Thompson to the Water Resources Advisory Committee (WRAC)

„X Fiscal Impact: None.

„X Recommendation: Council appoint Public Works Director Russ Thompson, as the City of Atascadero representative to serve on the Water Resources Advisory Committee (WRAC). [Public Works]

5. Colony Park Community Center Project Completion (City Bid No. 2006-013)

„X Fiscal Impact: Release of retention in the amount of $66,017.16.

„X Recommendations: Council:

1. Accept the work of Wysong Construction, Inc., as complete; and,

2. Authorize the Public Works Director to sign and file the Notice of Completion; and,

3. Authorize the Administrative Services Director to release the retention to the Contractor per the California Contract Code. [Public Works]

6. Final Map 2007-0158 (Parcel Map AT 06-0047) 7155 Valle Ave. (TPM 2006-0084) - Sean Knoph

„X Fiscal Impact: None.

„X Recommendations: City Council:

1. Adopt and approve Final Parcel Map 2007-0158 (Parcel Map AT 06-0047); and,

2. Authorize and direct the City Clerk to endorse the Council’s approval on the Map. [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. 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:

1.  Amendment of Section 3-5.105 of the Atascadero Municipal Code pertaining to Cardrooms

 Motion and Vote

„X Ex Parte Communications

„X Fiscal Impact: None.

„X Recommendation: Council introduce for first reading, by title only, the Draft Ordinance amending Section 3-5.105 of the Atascadero Municipal Code to clarify the number of card tables that may be licensed within the City. [City Attorney]

C. MANAGEMENT REPORTS:

1.  Del Rio Road Specific Plan and EIR - Wal-Mart / The Annex - Award of EIR Contract

 Motion and Vote 

„X Fiscal Impact:

Walmart will be responsible for the payment of all consultant costs related to the preparation of the EIR. The City’s cost recovery fees require that a 10% administration fee be paid to cover staff time related to preparing the EIR. The EIR will be revenue neutral to the City of Atascadero. The sales tax, property tax and permit fees for the Walmart / Annex project are expected to generate significantly positive revenue for the City of Atascadero.

„X Recommendation: Council authorize the City Manager to execute a contract with Michael Brandman Associates in the amount $427,615.00 to provide professional services for the preparation of an Environment Impact Report (EIR) for the Del Rio Road Specific Plan. [Community Development]

2.  AB 811- Clean Energy Financing Program - Issues and Options

 Motion and  Vote 

Fiscal Impact: Consultant and promotion costs are expected to be under $1000. Staff costs will likely exceed 100 hours and require long term administration from the Finance Department.

„X Recommendation: Council adopt Draft Resolution A endorsing an AB 811 program, specifically solar power generation and energy improvements, in Atascadero and direct staff to issue a request for proposals for a consultant to create a renewable energy financing district in Atascadero. [Community Development]

 

3. Stadium Park

a.  PLN 2009-1325 - General Plan Amendment Cycle 2009-1 - General Plan Amendment, Zone Change General Plan Consistency Determination and Lot Line Adjustment for Stadium Park Accessway (City of Atascadero)

 Motion and Vote 

„X Description: The proposed project consists of a General Plan Amendment, Zone Map Change, General Plan consistency determination, and Lot Line Adjustment for the purchase of property between an existing developed residential property and Stadium Park for the purposes of providing an accessway from Capistrano Avenue.

„X Fiscal Impact: None.

„X Recommendations: Planning Commission recommends City Council:

1. Adopt Draft Resolution A approving General Plan Amendment 2009-0024 amending a portion of APN 029-105-028 from SFR-Y (Residential Single-Family–Y) to REC (Recreation) consistent with the proposed Lot Line Adjustment; and,

2. Introduce for first reading, by title only, Draft Ordinance A amending the zoning designation of a portion of APN 029-105-028 from RSF-Y (Residential Single-Family–Y) to L (Recreation); and,

3. Adopt Draft Resolution B finding that the purchase of a portion of the Renzaglia/Hughes property for inclusion as part of Stadium Park is consistent with the General Plan as proposed for amendment; and,

4. Adopt Draft Resolution C approving Lot Line Adjustment 2009-0098 between the Renzaglia/Hughes property and Stadium Park. [Community Development]

b.  Stadium Park Purchase – Approval of Purchase Agreement for a Portion of Adjacent Property – 6900 Valle, Highway 41 and Capistrano (City of Atascadero)

 Motion and  Vote 

„X Description: Request for authorization to purchase property from Renzaglia and Hughes.

„X Fiscal Impact: The proposed purchase of the parcel would result in the expenditure of a maximum amount of $210,000 for the property and insurance and miscellaneous costs associated with the purchase of the property and would require minimal additional expenditures for maintenance.

„X Recommendations: Council:

1. Authorize the City Manager to execute a Purchase Agreement with Gary Renzaglia and Sandra Hughes in the amount $200,000 for the purchase of a 0.52 acre parcel of land, a portion of a lot at 6900 Valle, Atascadero, deemed necessary for adequate public access to Stadium Park located on the northeast side of the Highway 41 Bridge near Capistrano Avenue; and,

2. Authorize the Director of Administrative Services to appropriate $105,000 from the Parkland Facilities Fees Funds and $105,000 in Open Space Acquisition Fees Funds for the purchase of a 0.52 acre parcel of land, a portion of a lot at 6900 Valle, Atascadero,

 

from Gary Renzaglia and Sandra Hughes, northeast of the Highway 41 Bridge, and above Capistrano Avenue. [Community Services]

 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 Béraud

1. City / Schools Committee

2. County Mayors Round Table

3. Finance Committee

4. Homeless Services Governing Board

5. Integrated Waste Management Authority (IWMA)

Mayor Pro Tem Fonzi

1. Air Pollution Control District

2. Finance Committee

Council Member Clay

1. City / Schools Committee

Council Member Kelley

1. Atascadero State Hospital Advisory Committee

2. Atascadero Youth Task Force

Council Member O’Malley

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

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

3. SLO Council of Governments, Vice President (SLOCOG)

4. SLO Regional Transit Authority, Vice President (SLORTA)

5. Central Coast Regional Water Quality Control Board, Member (RWQCB)

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 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, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the May 26, 2009 Regular Session of the Atascadero City Council was posted on May 19, 2009 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 19
th day of May, 2009, at Atascadero, California.

___________________________________

Victoria Randall, 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. 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 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).

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

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.