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AGENDA


Tuesday, May 28, 2013


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

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

CITY COUNCIL CLOSED SESSION:     5:00 p.m.
  1. CLOSED SESSION -- PUBLIC COMMENT

  2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION

  3. CLOSED SESSION --CALL TO ORDER

    1. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
      Agency designated representatives: Wade McKinney, City Manager
      Employee Organizations: Atascadero Firefighters Bargaining Unit; Atascadero Polie Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non-Represented Professional and Management Workers and Confidential Employees

    2. Public Employee Performance Evaluation (Govt. Code 54957)
      Title: City Manager

    3. Conference with Legal Counsel - Existing Litigation
      Government Code Section 5456.9(a)
      Save Atascadero v. City of Atascadero, et al.
      San Luis Obispo Superior Court Case No. 128230

    4. Conference with Legal Counsel - Existing Litigation
      Government Code Section 54956.9(d)(1)
      City of Atascadero v. Atascadero Ventures, LLC, et al.
      Ventura County Superior Court Case No. 56-2012-00426129-CU-CO-VTA


  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:Mayor Pro Tem Sturtevant
 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. Recognition of Frank Sommers, former Atascadero Fire Department employee, for this 35 years of service
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.Apple Valley Assessment Districts
      
  • Fiscal Impact: Annual assessments for 2013/2014 will total $42,000 for road/drainage system maintenance and $52,500 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley.
  • Recommendation: Council:
    1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) for fiscal year 2013/2014.
    2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley).
    3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) in fiscal year 2013/2014, and to appoint a time and place for the public hearing on these matters.
    4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 1 (Apple Valley) in fiscal year 2013/2014 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code.
    5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2013/2014
    6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2013/2014
      [Administrative Services]

2.DeAnza Estates Assessment Districts
      
  • Fiscal Impact: Annual assessments for 2013/2014 will total $40,090 for road/drainage system maintenance and $15,875 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in De Anza Estates. The City General Fund will contribute $1,080 for the fiscal year 2013/2014 for half of the maintenance costs of the trails and open space.
  • Recommendation: Council:
    1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) for fiscal year 2013/2014.
    2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates).
    3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) in fiscal year 2013/2014, and to appoint a time and place for the public hearing on these matters.
    4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2013/2014 pursuant to the provisions of Part 2 of Division 15 fo the California Streets and Highways Code.
    5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2013/2014.
    6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2013/2014.
      [Administrative Services]

3.Las Lomas (Woodridge) Assessment Districts
  • Fiscal Impact: Annual assessments for 2013/2014 will total $23,741 for road/drainage system maintenance and $81,651 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Woodridge.
  • Recommendation: Council:
    1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) for fiscal year 2013/2014.
    2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge).
    3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 2 (Woodridge) in fiscal year 2013/2014, and to appoint a time and place for the public hearing on these matters.
    4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 2 (Woodridge) for fiscal year 2013/2014 pursuant to the provisions of Part 2 of Divisions 15 of the California Streets and Highways Code.
    5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2013/2014.
    6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2013/2014.
      [Administrative Services]

4.Temporary Road Closure -- Colony Days Parade Route
  • Fiscal Impact: No net fiscal impact to the General Fund, as the road closure fee covers the staff time and equipment required for traffic control and clean-up related to this event (estimated at $2,600.00)
  • Recommendation: Council adopt the Draft Resolution establishing a temporary Colony Days Parade Route on Saturday, October 19, 2013, and establishing associated tow-away and "No Parking" zones and road closures from October 17-20, 2013, on the tates, times and locations as specified in the Draft Resolution. [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. 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.
 Appeal of the Planning Commission Approval of an Amendment to CUP 2002-0071 Allowing an Expansion of Facilities at Refuge Church - PLN 2099-0516 - 6955 & 6855 Portola Road (Refuge Church)
  • 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: There is no fiscal impact to the City that would be associated with either approval or denial of the appeal or the Conditional Use Permit Amendment
  • Recommendations: Council adopt Draft Resolution A denying the appeal and upholding Planning Commission's approval of an amendment to Conditional Use Permit 2002-0071 based on findings and subject to conditions of approval: [Community Development]

 Motion and Vote


2.
 PLN 2099-1033 - Amendment to Conditional Use Permit 2003-0095 Master Plan of Development for Southside Villas - Affordable Housing Determination - 9190 San Diego Way (CenCal Ventures, LLC / Roberts)
  • 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.
  • Recommendation: Planning Commission Recommends: The City Council adopt Draft Resolution A eliminating two (2) very low income units as part of an amendment to Conditional Use Permit 2003-0095. [Community Development]

 Motion and Vote

C.MANAGEMENT REPORTS:

1. De Anza Horse Arena
  • Fiscal Impact: None, unless further improvements are deemed warranted by the Council that include purchase of materials or equipment to improve conditions at the area..
  • Recommendation: Council:
    1. Receive and file this update on the current operational challenges of the De Anza Horse Arena; and,
    2. Provide staff with specific direction on preferred method of resolving operational challenges. [Public Works]

2. Atascadero Lake Water Quality Improvement Project
  • Fiscal Impact: $20,000 in General Fund Reserves to design and install water fountains at Atascadero Lake. If the fountains were operated four hours a day, seven days a week from May through October, the estimated annual power costs would be $8,000 to $10,000. The Lake Park Boad Rental concessionaire has already committed $1,000 per year donation to offset the project's power costs.
  • Recommendation: Council authorize the Director of Administrative Services to appropriate $20,000 in General Fund Reserves to design and install water fountains at Atascadero Lake to improve water quality. [Public Works]

 Motion and Vote


3. Route 41 Multi-Purpose Pathway to the Park Funding
  • Fiscal Impact: $156,000 of Pedestrian Bridge TE Funds would be reallocated to and combined with the Route 41 Multi-purpose Pathway to the Park grant funds
  • Recommendations: Council authorize the use of Transportation Enhancement (TE) Funds previously dedicated towards the Downtown Pedestrian Bridge for the design and construction of the Route 41 Pathway to the Park TE Project for an amount not to exceed $156,000.: [Public Works]

 Motion and Vote

 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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