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AGENDA


Tuesday, August 13, 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.
Successor Agency to the Community Redevelopment Agency of Atascadero
Immediately following the conclusion of the City Council Regular Session

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 Legal Counsel - Existing Litigation
      Government Code section 54956.9(d)(1)
      Save Atascadero v. City of Atascadero, et al.
      San Luis Obispo County Superior Court Case No. CV 128230

    2. Conference with Legal Counsel - Anticipated Litigation
      Initiation of litigation pursuant to paragraph (4) of subsection (d) of Government Code Section 54956.9
      Two cases.

  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 O'Malley
 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 recognizing the 100th anniversary of Atascadero Mutual Water Company
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 Action Minutes - June 11, 2013
  • Recommendation: Council approve the City Council Draft Action Minutes of June 11, 2013. [City Clerk]

2.City Council Draft Action Minutes - June 25, 2013
  • Recommendation: Council approve the City Council Draft Action Minutes of June 25, 2013. [City Clerk]

3.City Council Draft Action Minutes - July 9, 2013
  • Recommendation: Council approve the City Council Draft Action Minutes of July 9, 2013. [City Clerk]

4.
Three Year Road Striping and Pavement Marking Award - City Bid No. 2013-004
      
  • Fiscal Impact: Approval of this agreement will result in the expenditure of up to $81,987.66 for Fiscal Year 2015-16.
  • Recommendations: Council authorize the City Manager to execute a contract with J&S Striping Company, Inc. in the amount of $245,962.98 over three years for road striping and pavement marking services. [Public Works]

    5.
    Marchant Avenue Storm Drain Improvements Project Award - City Bid No. 2013-006
    • Fiscal Impact: $298,465.00.
    • Recommendations: Council:
      1. Award the Marchant Avenue Storm Drain Improvements Bid in the amount of $298,465.00 to Raminha Construction, Inc., and,
      2. Authorize the City Manager to execute a contract with Raminha Construction, Inc., in the amount of $298,465.00, for construction of the Marchant Avenue Storm Drain Improvements 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. [Public Works]

    6.
    Zoo Green Parking Lot Construction Award - City Bid No. 2013-008
    • Fiscal Impact: None. The Zoo Green Parking Lot contract is funded by Urban Greening Grant funds. The Urban Greening Grant does not require matching funds.
    • Recommendations: Council:
      1. Award the Zoo Green Parking Lot Improvements Bid in the amount of $432,638.64 to V. Lopez Jr. & Sons Construction, Inc.; and,
      2. Authorize the City Manager to execute a contract with V. Lopez Jr. & Sons Construction, Inc., in the amount of $432,638.64, for construction of the Zoo Green Parking Lot Improvements Project; and,
      3. Direct the City Engineer to implement project change orders and design changes to reduce the overall construction cost to comply with the Urban Greening Grant project's available construction funding of $403,000; and,
      4. Authorize the City Manager to execute a contract with North Coast Engineering, Inc. in an amount not to exceed $20,000.00 for additional construction phase inspection support; 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]
     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 2013-1466 - La Plaza Center Conditional Use Permit 2013-0268 / Road Abandonment 2013-0020 Request to Summarily Vacate a Portion of Atascadero Mall Ave. and landscape easement along El Camino Real - 6322-6500 El Camino Real (Wysong Construction / Hoff)

    • Fiscal Impact: The retail portions of the projcet will be revenue positive to the City regarding sales tax and property tax increases. Additional revenue may be generated by the office uses in the proposed project as workers dine and shop during business hours.
    • Recommendations: Planning Commission recommends:
      1. The City Council adopt Resolution A approving of Conditional Use Permit 2013-0258 to allow a 26,500 square foot commercial mixed-use office/retail development, with a height exception for buildings to exceed 18-feet in height and a sign ordinance exception to allow a freeway pole sign; and,
      2. The City Council adopt Resolution B approving to the City Council Road Abandonment 2013-0020 and abandoning a portion of right-of-way of Atascadero Avenue to accomodate development and pedestrian improvements and the abandonment of an unneeded landscape easement along El Camino Real. [Community Development]

     Motion and Vote


    2.
     Confirming the Coast of Vegetative Growth and/or Refuse Abatement

    • Fiscal Impact: The City will receive $71,889.79 from the 2013/2014 property tax rolls in weed abatement / refuse abatement assessments.
    • Recommendation: Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement.

     Motion and Vote


    3.
     PLN 2011-1417 / ZCH 2011-0163 2007 - 2014 Housing Element - Implementation of Program and Policies (City of Atascadero)

    • Fiscal Impact: None.
    • Recommendation: Planning Commission recommends: City Council introduce Draft Ordinance A for first reading, by title only, to approve PLN 2011-1417 (Zone Text Change ZCH 2011 - 0163) with Staff modifications to the proposed "transitional housing" definition for consistency with the State Health and Safety Code. [Community Development]
    C.MANAGEMENT REPORTS:

    1. Confirm the Appointment of the Director of Administrative Services
    • Fiscal Impact: The Director of Administrative Services' starting annual salary of $115,322.40 is included in the Administrative Services Department budget for fiscal year 2013-2014.
    • Recommendation: Council confirm the appointment of Jeri Rangel as Director of Administrative Services. [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
    2. City Clerk
    3. City Treasurer
    4. City Attorney
    5. City Manager
    F.ADJOURNMENT TO THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO

    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.
    .