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AGENDA


Tuesday, March 26, 2013


City Hall
Council Chambers
6907 El Camino Real, Atascadero, California

City Council Closed Session: 5:30 p.m.
City Council Regular Session:
6:00 p.m.

CITY COUNCIL CLOSED SESSION: 5:30 p.m.
  1. CLOSED SESSION -- PUBLIC COMMENT

  2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION

  3. CLOSED SESSION --CALL TO ORDER

    1. Conference with Legal Counsel – Existing Litigation
      Government Code Section 54956.9(a)
      Save Atascadero v. City of Atascadero, et al.
      San Luis Obispo Superior Court Case No. 128230

  4. CLOSED SESSION -- ADJOURNMENT

  5. COUNCIL RETURNS TO CHAMBERS

  6.  CLOSED SESSION -- REPORT
 REGULAR SESSION - CALL TO ORDER: 6:00 P.M.
 PLEDGE OF ALLEGIANCE: Council Member Fonzi
 ROLL CALL: Mayor O'Malley
Mayor Pro Tem Sturtevant
Council Member Fonzi
Council Member Kelley
Council Member Moreno
 APPROVAL OF AGENDA:  Roll Call

PRESENTATIONS:
1.  Proclamation for "Autism 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 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 Draft Action Minutes -- February 26, 2013
  • Recommendation: Council approve the City Council Draft Action Minutes of February 26, 2013. [City Clerk]
2. City Council / Planning Commission Special Joint Meeting Draft action Minutes -- February 26, 2013
  • Recommendation: Council approve the City Council / Planning Commission Special Joint Meeting Draft Action Minutes of February 26, 2013. [City Clerk]
3. City Council Draft Action Minutes -- March 12, 2013
  • Recommendation: Council approve the City Council Draft Action Minutes of March 12, 2013. [City Clerk]
4. Historic City Hall Project Bid Award: ACH-14 Audio-Video System
  • Fiscal Impact: $253,581.85 in budgeted City Hall Project Funds including funding from the 2010 bond issue.
  • Recommendations: Council:
    1. Award the bid in the amount of $253,581.85 for the ACH-14 Audio-Video System installation for the Historic City Hall Project to Pro Sound CA, Inc.; and,
    2. Authorize the City Manager to execute a contract with Pro Sound CA, Inc. in the amount of 253,581.85 for the ACH-14 Audio-Video System installation for the Historic City Hall Project; and,
    3. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. [Administrative Services]
5. February 2013 Accounts Payable and Payroll
  • Fiscal Impact: $2,038,449.04
  • Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for February 2013. [Administrative Services]
6. Title 9 Planning and Zoning Text Amendments PLN 2012-1444 / ZCH 2012-0167 (City of Atascadero)
  • Fiscal Impact: There are no known fiscal impacts to the City at this time. Additional permit and business license revenue may be derived by applicants wishing to open new indoor recreational business here in the City.
  • Recommendation: Council adopt on second reading, by title only, the Draft Ordinance, to approve PLN 2012-1444 (Zone Text Change ZCH 2012-0167). [Community Development]
7. Establishment of the Atascadero Tourism Business Improvement District (ABTBID)
  • Fiscal Impact: None for this action. There will be ongoing costs of administration of the ATBID, which will be partially covered by a 1% administration fee charged against the assessments.
  • Recommendations: Council:
    1. Adopt the Draft Resolution declaring the intention to establish the Atascadero Tourism Business Improvement District; and,
    2. Set April 9, 2013 as the date of the public hearing on the establishment of the proposed ATBID and the levy of assessments. [City Manager
8.  Agreement with Caltrans for Project Study Report (PSR-PDS) for the Del Rio Road Freeway Interchange Project
  • Fiscal Impact: This action will result in the expenditure of up to $104,000 over an estimated two-year period in budgeted Circulaiton Impact Fees funds.
  • Recommendation: Council authorize the City Manager to execute an agreement with Caltrans for a review of engineering and environmental studies for required planning and design approval of the Del Rio Road Freeway Interchange for an amount not to exceed $104,000. [Public Works]

 Motion and Vote

 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.  PLN 2099-0848 / APL 2013-0017 / Amendment to CUP 2005
  • Ex Parte Communications: Ex Parte communications are any communications to a Council Member, concerning a pending matter before the Council, that occur in the absence of the other Council Members. Examples may include conversations, site visits, public meetings, etc.
  • Fiscal Impact: None.
  • Recommendations: Council:
    1. Adopt Draft Resolution "A" granting the applicant's appeal and amending condition 14 of Conditional Use Permit 2005-0157 (City Council Resolution 2005-076) to reflect a requirement that the project provide deed restrictions for 12 moderate income units within the project.
      OR
    2. Adopt Draft Resolution "B" denying the applicant's appeal and amending Condition 11 of the Vesting Tentative Tract Map (VTTM) (City Council Resolution 2005-077) consistent with the approved Conditional Use Permit reflecting a requirement that the project provide deed restrictions for two (2) very low, five (5) low income and five (5) moderate income units within the project. [Community Development]
 Motion and Vote
C. MANAGEMENT REPORTS:
1.  Planning Commission Appointments
  • Fiscal Impact: None.
  • Recommendations: Council:
    1. In accordance with Ordinance No. 565, adopted on February 26, 2013, select new members to fill the directly appointed Planning Commission positions whose terms will commence March 29, 2013 and continue through December 31, 2014; and,
    2. Review the six applications supplied by interested citizens and select two for the at-large positions on the Planning Commission. [City Clerk]

 

2.
 Consolitated Fixed Route Transit Service "Term Sheet" Approval
  • Fiscal Impact: Consolidation of fixed route services in the North County will provide an estimated cost savings of $152,008 to Atascadero in the first year.
  • Recommendation: Council approve the "Term Sheet" between the Cities of Atascadero and Paso Robles, the County of San Luis Obispo, the San Luis Obispo Regional Transit Authority (RTA) and the San Luis Obispo Council of Governments (SLOCOG) which defines the roles, responsibilities and financial commitments in connection with the implementation of consolidated fixed route local and regional service in North San Luis Obispo County. A legally binding agreement will be brought back to the Council at a later date once all the councils and boards have considered the Term Sheet and the outlined program for consolidation. [Public Works]

 Motion and Vote

3.  Storm Water Regulation Update -- Oral Report
  • Fiscal Impact: None.
  • Recommendation: Council recieve oral report. [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.)
D.  COMMITTEE REPORTS: (The following represent standing committiees. 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 Sturtevant
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. Community Action Partnership of SLO County
4. League of California Cities -- Council Liason

 Council Member Fonzi
1. Air Pollution Control District
2. City of Atascadero Design Review Committee
3. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero
4. SLO Local Agency Formation Commission (LAFCo) - alternate

 Council Member Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Design Review Committee
3.Economic Vitality Corporation, Board of Directors (EVC)
4. Homeless Services Oversight Council

 Council Member Moreno
1. California Joint Powers Insurance Authority (CJPIA) Board
2. Finance Committee (Chair)
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.
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