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AGENDA


Tuesday, November 12, 2013

6:00 P.M.


City Hall
Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California

(Enter on Lewis Ave.)

Salinas River Trail Map Preview for Public:5:00 P.M.
City Council Regular Session:6:00 P.M.
City Council Closed Session:
Immediately following Conclusion of the Regular Session
REGULAR SESSION -  CALL TO ORDER:     6:00 P.M.
 PLEDGE OF ALLEGIANCE:Council Member Moreno
 ROLL CALL: Mayor O'Malley
Mayor Pro Tem Sturtevant
Council Member Fonzi
Council Member Kelley
Council Member Moreno
 APPROVAL OF AGENDA: Roll Call

PRESENTATIONS:     None.
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 - October 22, 2013
  • Recommendation: Council approve the City Council Draft Action Minutes of October 22, 2013. [City Clerk]

2.August 2013 Accounts Payable and Payroll
  • Fiscal Impact: $3,232,309.53
  • Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for August 2013. [Administrative Services]

3.
September 2013 Accounts Payable and Payroll
  • Fiscal Impact: $3,595,985.37
  • Recommendation: Council approve certified City accounts payble, payroll and payroll vendor checks for September 2013. [Administrative Services]

4.
September 2013 Investment Report
  • Fiscal Impact: None.
  • Recommendation: Council receive and file the City Treasurer's report for quarter ending September 2013. [Administrative Services]

5.Retaining Special Counsel for Appeal of FEMA Determination
  • Fiscal Impact: The Morrison firm expenditures incurred to date total $84,700. The City has paid the Morrison firm to date $38,350. These charges are paid from the Historic City Hall project fund. Additional expenses to Morrison for the appeal work will also come from this fund.
  • Recommendation: Council approve past payments for legal services to the law firm of Morrison Foerster, LLP, from June 21, 2013 to the present, and direct the City Manager to continue to use the legal services of the law firm of Morrison Foerster, LLP, as special counsel to represent the City of Atascadero in the appeal of the FEMA reduction of about $2.7 million in relocation funding, until their services are no longer needed. [City Attorney]

6.Authorize Contract with Avtec, Inc. for Emergency Radio Communication System
  • Fiscal Impact: The fiscal impact of this award is $174,553.18 ($164,699.08 Avtec contract plus $9,854.10 in California use taxes) in budgeted Law Enforcement Facilities Fees Funds and Supplemental Law Enforcement Services Funds.
  • Recommendation: Coun cil authorize the City Manager to execute an agreement with AVtec, Inc. in the amount of $164,699.08 for a new emergency radio communications system. [Police]
 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. 2014 Community Development Block Grants Draft Recommendations
  • Fiscal Impact: The 2014 allocation is estimated to be $121,388.
  • Recommendation:           Council develop and adopt draft funding recommendations for the 2014 Community Development Block Grant (CDBG) funds. [Public Works]

 Motion and Vote


2. Proposed Amendment to the Existing Smoking Ordinance
  • Fiscal Impact: None
  • Recommendation: Council introduce for first reading, by title only, the proposed Ordinance amending the existing smoking prohibition as defined in Section 10-1.34 of Chapter 1 of Title 10 of the Atascadero Municipal Code, by expanding the existing smoke-free area within the City to also include any area within 100 feet of Sunken Gardens. [Police]

 Motion and Vote


3. Proposed Amendment to the Prohibited Camping Ordinance
  • Fiscal Impact: None
  • Recommendation:           Council introduce for first reading, by title only, the proposed ordinance repealing Section 10-1.33 (Overnight camping) of Chapter 1 of Title 10 of the Atascadero Municipal Code ("AMC"), and adding Chapter 15 (Prohibited Camping) to Title 5 of the AMC, to better define the prohibited camping ordinance and allow for prosecution of violators. [Police]

 Motion and Vote


4. Title 2 Administration Text Amendments, Title 4 Public Safety Text Amendments, Title 7 Public Works Text Amendments, Title 8 Building Code Text Amendments, Title 9 Planning and Zoning Text Amendments PLN 201-1462 / ZCH 2013-0168 (City of Atascadero
  • Fiscal Impact: Staff expects minimal fiscal impact from the adoption of the new building codes and proposed code text amendments.
  • Recommendations:
Planning Commission Recommends:
  1. City Council introduce Draft Ordinance E for first reading, by title only, to approve PLN 2013-1462 (Zone Text Change ZCH 2013-0168, Title 9 Planning and Zoning Ordinance Amendments).

    With the additional Staff recommendation to modify section 9-1.115, off-street parking for consistency with the 2013 California Building Code adoption and the Americans with Disabilities Act (ADA).
Staff Recommends:
  1. City Council introduce Draft Ordinance A for first reading, by title only, to approve amendments to Title 4 Public Safety;

  2. City Council introduce Draft Ordinance B for first reading, by title only, to approve amendments to Title 7 Public Works;

  3. City Council introduce Draft Ordinance C for first reading, by title only, to approve amendments to Title 8 Building Code for consistency with the 2013 California Building Code;

  4. City Council introduce Draft Ordinance D for first reading, by title only, to approve amendment to Title 2 Building Code for consistency with the 2013 California Building Code [Community Development/Public Works/Fire]
 Motion and Vote
 Motion and Vote
 Motion and Vote
 Motion and Vote
 Motion and Vote
C.MANAGEMENT REPORTS:

1.
 Second Review North County Salinas River Trail Master Plan Public Review Draft Plan (SLOCOG)
      
  • Fiscal Impact: There is no fiscal impact at this time.
  • Recommendation:City Council review San Luis Obispo Council of Government's (SLOCOG) Draft North County Salinas River Trail Master Plan, and make recommended changes, or direct staff to draft a letter of support, for the plan to SLOCOG. [Community Development]

 Motion and Vote


2.
 Solid Waste Collection and Recycling Contracts Renewal Process
  • Fiscal Impact: In discussion with the Staff at the County's Integrated Waste Management Authority (IWMA) it is suspected that a new contract, even with the potential additional services, could result in a no increase or minimal increase in monthly garbage rates to City residents and businesses.
  • Recommendations: City Council authorize the City Manager to:
    1. Extend the recycling agreement with North San Luis Obispo County Recycling, Inc. for a minimum of seven months to January 1, 2015; and,
    2. Enter negotiations for the modification of the provisions, conditions and term of agreements with existing solid waste and recycling vendors. [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 committees. 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.
ADJOURN TO CITY COUNCIL CLOSED SESSION
CITY COUNCIL CLOSED SESSION:
  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
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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