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AGENDA


Tuesday, June 25, 2013


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

City Council Closed Session:5:15 p.m.
City Council Regular Session:
6:00 p.m.

CITY COUNCIL CLOSED SESSION:     5:15 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(d)(1)
      Save Atascadero v. City of Atascadero, et al.
      San Luis Obispo Superior Court Case No. 128230

    2. Conference with Legal Counsel - Anticipated Litigation
      Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
      One case

  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 Kelley
 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. Citizen Commendation for Act of Heroism presented to Lance O'Brien by Police Chief Jerel Haley

2.
 Presentation to Outgoing City Manager Wade McKinney
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 -- May 28, 2013
  • Recommendation: Council approve the City Council Draft Action Minutes of May 28, 2013. [City Clerk]

2.April 2013 Accounts Payable and Payroll
  • Fiscal Impact: $3,074,621.58
  • Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for May 2013. [Administrative Services]

3.May 2013 Accounts Payable and Payroll
  • Fiscal Impact: $3,280,477.96
  • Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for May 2013. [Administrative Services]

4.
 2013 Micro-Surfacing Project Award -- City Bid No. 2013-003

      
  • Fiscal Impact: $415,323.61 for construction of the 2013 Micro-surfacing Project
  • Recommendation: Council:
    1. Authorize the City Manager to award the bid and execute a contract with American Asphalt Company in the amount of $415,323.61 for construction of the 2013 Micro-surfacing Project; and,
    2. Authorize the City Manager to award Bid Additive Alternate item A, in the amount of $48,860,65 for additional micro-surfacing on El Camino Real, and the Applve Valley Additive Alternate in the amount of $2,530 for additional micro-surfacing of Conejo Road. Bid additive Alternate Items are included in total contract price reference in Item 1, above; and,
    3. Authorize the City Manager to expand the El Camino Real portion of the Project, and to execute change orders in excess of 20% in order to completely use available Proposition 1B funding; and,
    4. Authorize the Public Works Director to intermittently close portions of El Camino Real, San Luis Avenue and the Apple Valley neighborhood roads during the construction period; and,
    5. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. [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.
 Remote Caller Bingo Amendment of Title 3, Chapter 12 of the Atascadero Municipal Code
  • 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: Minimal: This code text change will require the City to license remote caller bingo operators. This will require some amount of staff time on an annual basis.
  • Recommendation: Council introduce for first reading by title only, the Draft Ordinance amending Title 3 of the Atascadero Municipal Code allowing Remote Caller Bingo games in the City of Atascadero. [Community Development]

 Motion and Vote


2.
 Apple Valley Assessment Districts
  • 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: Annual assessments for 2013/2014 will total $42,000 for road/drainage system maintenance and $52,500 for landscape alnd lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley.
  • Recommendations: Council:
    1. Adopt a Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 01 (Apple Valley), and the levy and collection of annual assessments related thereto for fiscal year 2013/2014;
    2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2013/2014 for Street and Storm Drain Maintenance District No. 01 (Apple Valley);
    3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 01 (Apple Valley), and the levy and collection of annual assessments related thereto in fiscal year 2013/2014; and
    4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2013/2014 for Landscaping and Lighting District No. 01 (Apple Valley.) [Administrative Services]

 Motion and Vote


3.
 De Anza Estates Assessments Districts

  • 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: 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 the 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.
  • Recommendations: Council:
    1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto for fiscal year 2013/2014;
    2. Adopt Draft Resolution B ordering the levy and collection of assessmetns for fiscal year 2013/2014 for Street and Storm Drain Maintenance District No. 03 (De Anza Estates);
    3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 03 (De anza Estates), and the levy and collection of annual assessments related thereto in fiscal year 2013/2014; and
    4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2013/2014 for Landscaping and Lighting District No. 03 (De Anza Estates.) [Administrative Services]

 Motion and Vote


4.
 Woodridge (Las Lomas) Assessment Districts

  • 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: 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
  • Recommendations: Council:
    1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 02 - Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2013/2014;
    2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2013/2014 for Street and Storm Drain Maintenance District No. 02 - Woodridge (Las Lomas);
    3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 02 - Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year 2013/2014; and
    4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2013/2014 for Landscaping and Lighting District No. 02 - Woodridge (Las Lomas.) [Adminisrative Services]
 Motion and Vote

5.
 Downtown Parking & Business Improvement Area (PBIA) (FY 2013-14) Confirmation of Annual Assessment

  • Description: Request for Council to confirm annual assessment for downtown PBIA.
  • Ex Parte Communications: Ex Parte communications are any communications to a Council Member, concerning a pending matter before the Council, that occurin the absence of the other Council Members. Examples may include conversations, site visits, public meetings, etc.
  • Fiscal Impact: None.
  • Recommendation: Council adopt the Draft Resolution confirming the annual assessment for the Downtown Parking & Business Improvement Area (Fiscal Year 2013-2014) at $0.00. [City Manager]

 Motion and Vote


6.
 Community Facilities District 2005-1 Annexation No.8 - Oakhaven Village Townhouses (Silverie / Oakhaven Village LLC)

  • Ex Parte Communications: Ex Parte communications are any communications to a Council Member, concerning a pending matter before the Council, that occurin the absence of the other Council Members. Examples may include conversations, site visits, public meetings, etc.
  • Fiscal Impact: The establishment of Annexation No. 8 will provide the City with $37,987.20 annually to fund new Police, Fire, and Park Services for the Oakhaven Village development.
  • Recommendations: Council:
    1. Conduct the public hearing on the proposed annexation, and,
    2. Direct the City Clerk to collect and count the ballots; and,
    3. Adopt Draft Resolution A, making findings, certifying the results of an election and adding the Oakhaven Village property to Community Facilities District No. 2005-1 (Public Services), Annexation No. 8 (Oakhaven Village). [Community Development]

 Motion and Vote

C.MANAGEMENT REPORTS:

1. Memorandums of Understanding for the Atascadero Police Officers Associations, Mid-Management/Professional Employees Association, Service Employees International Union Local 620, Atascadero Professional Firefighters Association Local 3600 and Resolution for Non-Represented Professional and Management Workers and Confidential Employees
  • Fiscal Impact: Changes to the MOUs and Resolution for Non-Represented Employees will result in additional costs of approximately $220,000.
  • Recommendation: Council:
    1. Approve the Memorandums of Understanding (MOUs) for the Atascadero Police Officers Association, Mid-Management/Professional Employees Association, Service Employees International Union Local 620, Atascadero Professional Firefighters Association Local 3600; and,
    2. Adopt the Draft Resolution for Non-Represented Professional and Management Workers and Confidential Employees; and,
    3. Approve the Salary Schedule for Fiscal Year 2013-2014. [City Manager]

 Motion and Vote


2. Appointment of Rachelle Rickard as City Manager
  • Fiscal Impact: The monthly salary for Rachelle Rickard will be $12,492.36 plus benefits. In the first year of the Agreement, there represents a savings of $43,355 as compared to the cost that would have been incurred for the salary and benefits of current City Manager Wade McKinney.
  • Recommendations: City Council approve the Employment Agreement for Rachelle Rickard to serve as City Manager for the City of Atascadero. [City Manager]

 Motion and Vote


3. Contract for Animal Care and Control Services FY 2013-2016
  • Fiscal Impact: The fiscal impact of approving this contract is $229,459.00 for the first year. Yearly adjustments based onservice may result in either increases or decreases to this amount in the following years. It is anticipated that costs will remain somewhat stable based on the documentation of services provided during the prior contract.
  • Recommendations: Council authorize the Mayor to execute a three-year contract with the County of San Luis Obispo for the continued provision of Animal Control Services from July 1, 2013 to June 30, 2016, in the amount of $299,459.00 for the first year, with annual adjustments based on the service levels provided to the City for each year thereafter. [Police]

 Motion and Vote


4.
 Draft Response to Grand Jury Report Entitled "Email Accessibility to City Government"
  • Fiscal Impact: None.
  • Recommendation: Council approve the Draft Response to the Grand Jury Report entitled "Email Accessibility to City Government" and authorize the City Manager to execute the Draft Response. [City Manager]

 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
      
Mayor O'Malley will announce his appointment of Vice Chairperson on the Oversight Board, to replace exiting City Manager, Wade McKinney
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.
.