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Tuesday, August 14, 2012

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

CITY COUNCIL CLOSED SESSION:                5:00




      (Government Code Section 54957)
      Title:  CITY MANAGER




 ROLL CALL: Mayor Kelley
Mayor Pro Tem O'Malley
Council Member Clay
Council Member Fonzi
Council Member Sturtevant

  1.  Recognition of Steve Robinson, DVM, for 20 Years of Service to the Charles Paddock Zoo
  2.  Recognition of Former Parks and Recreation Commissioner Bill Wachtel for Two Years of Service to the City as a Parks and Recreation Commission Member
  3.  Recognition of Zach Jackson as Reserve Firefighter of the Year
  4.  Employee Service Awards

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 minutesare 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 fromthe 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 – July 10, 2012
      • Recommendation:  Council approve the City Council Draft Action Minutes of July 10, 2012. [City Clerk]
    2. City Council Special Meeting Draft Action Minutes – July 17, 2012
      • Recommendation:Council approve the City Council  Special Meeting Draft Action Minutes of July 17, 2012. [City Clerk]
    3. June 2012 Accounts Payable and Payroll
      • Fiscal Impact: $2,488,679.72.
      • Recommendation:Council approve certified City accounts payable, payroll and payroll vendor checks for June 2012. [Administrative Services]
    4. June 2012 Investment Report
      • Fiscal Impact: None
      • Recommendation:Council receive and file the City Treasurer’s report for quarter ending June 2012.  [Administrative Services]
    5. Lease Agreement with Atascadero Historical Society
      • Fiscal Impact: The  City will receive $1.00 per year.  The Society has already been paying the City $1.00 per year since the School District deeded the Creek Reservation to the City in 2007.
      • Recommendation:Council adopt  the Draft Resolution authorizing the execution of a Lease Agreement with the Atascadero Historical Society regarding Atascadero Creek Reservation #3 (#3-A1, 3-A2, and 3-B). [City Manager]
    6. San Fernando Road Rehabilitation Project Award  – City Bid No. 2012-007
      • Fiscal Impact:$422,218.48.
      • Recommendations:Council:
        1. Authorize the City Manager to execute a contract with Calportland Construction in the amount of $422,218.48 for construction of the San Fernando Road Rehabilitation 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]
    7. El Camino Real Barrier Removal Project Award - City Bid No. 2012-006
      • Fiscal Impact:  $108,135.25
      • Recommendations:  Council:
        1. Authorize the City Manager to execute a contract with  Rockwood General Contractors, Inc. in the amount of $108,135.25 for construction of the El Camino Real Barrier Removal 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]
    8. Purchase  of Wastewater Electronic Control and Monitoring System Electronic Components for the Supervisory Control and Data Acquisition (SCADA) Phase II Project
      • Fiscal Impact:  Approval of this agreement will result in the expenditure of $213,000.00 of previously budgeted for the SCADA Phase II capital improvement project.
      • Recommendation: Council  approve the purchase of the Supervisory Control and Data Acquisition (SCADA) electronic control equipment for $213,000.00 from TESCO Incorporated.  [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

    1.  Confirming the Cost of Vegetative Growth and/or Refuse Abatement        Motion and Vote
      • Ex Parte Communications:
      • Fiscal Impact: The City will receive $123,461.03 from the 2012/2013 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. [Fire]


    1.  ARTery Mural and City Sign Code     Motion and Vote
      • Fiscal Impact:  None, with respect to the recommendation to vacate DRC Resolution 2012-005.  Staff and attorney time would be incurred with respect to studying possible amendments to the Sign Code.
      • Recommendations:  Council:
        1. Vacate Administrative Hearing Officer (Design Review Committee) Resolution No. 2012-005 denying PLN 2012-1437 and Administrative Use Permit 2012-0060 to allow for an artistic mural on the wall of the ARTery store located at 5890 Traffic Way; and,
        2. Direct staff to study possible amendments to the City’s Sign Code (Chapter 9-15) that would clarify the Code’s application to noncommercial signs, particularly murals, and provide enhanced design review procedures and guidelines for considering applications for murals and other noncommercial signs; and,
        3. Direct that the City take no further action regarding the ARTery mural or PLN 2012-1437. [City Attorney]
    2.  Promotions Request for Proposals    Motion and Vote
      • Fiscal Impact: The City Council earmarked $176,000.00 for Promotion activities.  The current budget includes $44,880 of that total; the remainder would come from General Fund Reserves. 
      • Recommendations:  Council:
        1. Approve the Promotions Request for Proposals; and,
        2. Approve $176,000 for the Promotions Program; appropriating $131,120 from General Fund Reserves and reallocating $44,880 from the Transfer to RDA for Tourism Fund account. [City Manager]
    3.  Potential Hotel Development at Home Depot Center  – Request for Deferred Payment of Development Fees    Motion and Vote
      • Fiscal Impact:As  a result of this development, permit fees of approximately $110,000 and development fees of $610,220 will be received.  Once the hotel is open, annual increases in General Fund revenue will be significant with annual revenues close to $400,000 being realized. 
      • Recommendations:Council:
        1. Approve the proposal from Atascadero 101 Associates to defer payment of development fees over a period of five years for construction of a 130-room suites hotel and banquet facility at the Home Depot Center; and,
        2. Direct staff to negotiate details and prepare final documents for City Council consideration. [City Manager]
    4.  Draft Response to Grand Jury Report - “A Vital Function of the Judicial System: Law Enforcement Property and Evidence Rooms”    Motion and Vote
      • Fiscal Impact:  None.
      • Recommendations:Council:  approve the Draft Response to the Grand Jury Report Form and authorize the City Manager  to execute the document on the City Council’s behalf.  [City Manager]
    5.  Chicago Grade Landfill Contract Renewal    Motion and Vote                             Fiscal Impact: The new regulations have the potential to increase garbage collection rates to homeowners in the City approximately $0.20 per month, businesses would pay more based on the volume / weight of garbage produced. The landfill rate and consumers garbage collection rate could potentiallyincrease every two years based on the cost of living provisions described above. It is anticipated bi-annual increases would be modest, similar to the $0.20 per month initial increase. City revenues from landfill tipping fees would remain stable at pre-existing levels  Recommendations: Council authorize the City Manager to execute a contract with Chicago Grade Landfill, Inc. for exclusive depositing of City waste collections into Chicago Grade Landfill. [Public Works


     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.)
  2. (The following represent standing committees.  Informative status reports will be given, as felt necessary):
Mayor Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Design Review Committee
3. City of Atascadero Finance Committee
4. County Mayors Round Table
5. Economic Vitality Corporation, Board of Directors (EVC)
6. Homeless Services Oversight Council
7. Oversight Board for the Successor Agency to the Community Redevelopment Agency of Atascadero

Mayor Pro Tem O’Malley
1. City / Schools Committee
2. Integrated Waste Management Authority (IWMA)
3. League of California Cities – CITIPAC Board Member
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (SLORTA)

Council Member Fonzi
1. Air Pollution Control District
2. City of Atascadero Design Review Committee
3. City of Atascadero Finance Committee
4. SLO Local Agency Formation Commission (LAFCo) - alternate

Council Member Sturtevant
1. City / Schools Committee
2. Community Action Partnership of SLO County
3. League of California Cities – Council Liaison

    1. City Council
    2. City Clerk
    3. City Treasurer
    4. City Attorney
    5. City Manager

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 writtencorrespondence 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.