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AGENDA

Tuesday, September 13, 2016

City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California 
(Enter on Lewis Ave.)


City Council Closed Session:5:00 P.M.
Successor Agency to the Community Redevelopment Agency of Atascadero Special 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 54957.6) 
      Agency designated representatives: Rachelle Rickard, City Manager
      Employee Organizations: Atascadero Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non-Represented Professional and Management Workers and Confidential Employees

    2. Conference with Legal Counsel – Existing Litigation
      Paragraph (1) of subdivision (d) of Government Code Section 54956.9
      Rick Holliday v. City of Atascadero, et.al.
      San Luis Obispo Court Case No. 16 CVP 0206


    3. Conference with Legal Counsel – Anticipated Litigation
      Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 (Number of cases: two)


  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 Moreno
Council Member Fonzi
Council Member Kelley
Council Member Sturtevant
 APPROVAL OF AGENDA:Roll Call
Recommendation: Council:
  1. Approve this agenda; and
  2. Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances will be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes.

PRESENTATIONS:

1.
 Proclamation Recognizing September 5 – 11, 2016, as National Patriotism Week
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.July 2016 Accounts Payable and Payroll
  • Fiscal Impact: $4,045,179.07
  • Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for July 2016. [Administrative Services]

2.
ALPS Three Bridges Trailhead Project Construction Award
  • Fiscal Impact: Award of the contract to ABI General Engineering Inc. will result in the expenditure of $394,498 in budgeted Open Space Acquisition Fees Funds and donation funds.
  • Recommendation: Council:
    1. Authorize the City Manager to execute a construction contract with ABI (Andrew Brown) General Engineering, Inc. for $394,498 to construct the ALPS Three Bridges Trailhead Project; and
    2. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. [Public Works]

    3.
    Community Facilities District No. 2016-1 / 2055 El Camino Real (AT 09-0073)
    • Fiscal Impact: The CFD No. 2016-1 is designed to be fiscally neutral to the City with each development within the district covering the full cost associated with the maintenance of specified public improvements.
    • Recommendation:  Council adopt on second reading, by title only, Draft Ordinance A, authorizing the levy of a special tax in CFD No. 2016-1.
      [Community Development]

      4. 
      Designation of Voting Delegate – League of California Cities’ Annual Conference
      • Fiscal Impact: None.
      • Recommendation: Council designate Council Member Sturtevant as voting delegate at the Annual Business Meeting of the League of California Cities’ Annual Conference in October 2016, and direct the City Clerk to inform the League of the designation. [City Clerk]

      5.
       Digital Infrastructure and Video Competition Act (DIVCA) - Proposed Draft Ordinance and Charter Communication INET Agreement
      • Fiscal Impact: There is no appreciable fiscal impact pertaining to the 5% franchise fee paid to the City. The fiscal impact associated with the cost of INET services previously provided to the City will total approximately $43,500 per year under this three year agreement, which is included in the current technology budget.
      • Recommendations: Council:
        1. Introduce for first reading by title only the Draft Ordinance repealing uncodified City Ordinance No. 137 and amending Title 1, Chapter 10 of the Atascadero Municipal Code to add new sections 1-10.41 and 1-10.42 relating to the Digital Infrastructure and Video Competition Act (DIVCA) and special provisions applicable to holders of state video franchise; and
        2. Authorize the City Manager to immediately execute an Agreement for INET services with Charter Communications. [City Manager]
       Motion and Vote

      6.
      Marston’s 101 Restaurant – Request for Deferred Payment of Development Fees
      • Fiscal Impact: As a result of this agreement, receipt of impact fees would be delayed.
      • Recommendations: Council:
        1. Approve the proposal from H&S Hospitality to defer payment of development fees over a period of five years for construction of the restaurant and banquet facility adjacent to Holiday Inn Express; and
        2. Authorize the City Manager to enter into agreements with H&S Hospitality to defer the impact fees over a five year period. [City Manager]
       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 cityclerk@atascadero.org)
      B.PUBLIC HEARINGS:

      1.
       Title 9 Planning and Zoning Text Amendments – Land Use Definitions PLN 2016-1594
      • Ex-Parte Communications:
      • Fiscal Impact: The proposed land use definitions revision will have a fiscally positive impact on the City.
      • Recommendation: The Planning Commission recommends: 
        City Council introduce for first reading, by title only, Draft Ordinance A Amending Title 9 of the Atascadero Municipal Code by Approving PLN 2016- 1462/ZCH 2013-0168 Zoning Ordinance Code Text Amendments. [Community Development]
       Motion and Vote
        C.MANAGEMENT REPORTS: 

        1.
         Marketing Plan Update 2016
        • Fiscal Impact: None.
        • Recommendation: Council receive and file marketing plan update. [City Manager]

            2.
             Centennial Bridge and Plaza Project Update
            • Fiscal Impact: No fiscal impact with this update.
            • Recommendation: Council review staff report and attachments and provide any feedback or questions after staff presentation. [Public Works]

            3.
             FY15/16 Measure F-14 Rehabilitation Project Construction Award
            • Fiscal Impact: The project is included in the adopted FY 2015-2017 budget and is funded with $1,536,850 in Measure F-14 Funding. An additional appropriation of $408,400 from the Sales Tax Measure F-14 Projects Fund balance is necessary to cover potential project shortfalls, but the fund contains adequate reserves to cover the shortfall.
            • Recommendations: Council:
              1. Award the a contract to construct the FY15/16 Measure F-14 Rehabilitation Project (“Project”) to R. Burke Corporation for $1,594,187; and
              2. Authorize the City Manager to execute a construction contract with R. Burke Corporation for $1,594,187; and
              3. Authorize the City Manager to execute Change Order #1 to substitute the 3/8” Asphalt Rubber Chip Seal on Cascabel with a Type II Slurry Seal reducing the contract by $115,833.40; and
              4. Authorize the Director of Administrative Services to appropriate an additional $408,400 from the Sales Tax Measure F-14 Projects Fund balance; 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
             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. SLO Council of Governments (SLOCOG)
            4. SLO Regional Transit Authority (RTA)

            Mayor Pro Tem Moreno
            1. California Joint Powers Insurance Authority (CJPIA) Board
            2. City of Atascadero Finance Committee (Chair)
            3. Economic Vitality Corporation, Board of Directors (EVC)

            Council Member Fonzi
            1. Air Pollution Control District
            2. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero
            3. SLO Local Agency Formation Commission (LAFCo)
            4. City of Atascadero Design Review Committee
            5. SLO County Water Resources Advisory Committee (WRAC)
            6. Water Issues Liasion

            Council Member Kelley
            1. Atascadero State Hospital Advisory Committee
            2. City of Atascadero Design Review Committee
            3. Homeless Services Oversight Council
            4. City of Atascadero Finance Committee
            5. Integrated Waste Management Authority (IWMA)

            Council Member Sturtevant
            1. City / Schools Committee
            2. League of California Cities - Council Liaison
            E.
            INDIVIDUAL DETERMINATION AND / OR ACTION:
            1. City Council
            2. City Clerk
            3. City Treasurer
            4. City Attorney
            5. City Manager
            F.
            ADJOURN
            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.