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Tuesday, February 12, 2013

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

City Council Closed Session:5:30 p.m.
City Council Regular Session:6:00 p.m.
Public Financing Authority:Immediately following the City Council Meeting



    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



 PLEDGE OF ALLEGIANCE:Council Member Moreno
 ROLL CALL: Mayor O'Malley
Mayor Pro Tem Sturtevant
Council Member Fonzi
Council Member Kelley
Council Member Moreno

  1. Presentation to Assistant City Manager Jim Lewis for his eight years of dedicated service to the City

  2. Presentation on Photographer Joe Schwartz in honor of his upcoming Centennial, by Cal Poly Professor, Dr. Harvey Levenson
  1.  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.)
    1. City Council Draft Action Minutes -- January 22, 2013
      • Recommendation:Council approve the City Council Draft Action Minutes of January 22, 2013. [City Clerk]

    2. December 2012 Accounts Payable and Payroll
      • Fiscal Impact: $2,977,428.92
      • Recommendation:Council review and accept the financial audit for the period ended June 30, 2012. [Administrative Services]

    3. December 2012 Investment Report
      • Fiscal Impact: None.
      • Recommendation:Council receive and file the City Treasurer's report for quarter ending December 2012. [Administrative Services]

 UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.)

(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. Amendment to Planning Commission Terms
      • Ex Parte Communications:
      • Fiscal Impact: None.
      • Recommendation: Council introduce for first reading, by title only, the draft Ordinance, amending Section 2-9.02 of the Atascadero Municipal Code relating to the appointment of Planning Commission Members. [City Manager]

    1.  Naming of Bandstand at Atascadero Lake Park
      • Fiscal Impact: None.
      • Recommendation:Council review the City's Policy on the Naming of Public Buildings, Parks, and other Public Facilities, and name the new bandstand at the Atascadero Lake Park. [City Manager]

    2. New Library Advance of Impact Fees
      • Fiscal Impact: An expenditure of up to $30,000 of Library Impact Fees funds, advanced from the Wastewater Fund, plus a minor negative interest amount charged to the Library Expansion Facilities Fees Fund.
      • Recommendation:Council:
        1. Authorize the Director of Administrative Services to appropriate $30,000 in Library Impact Fees for construction of tenant improvements in the new Atascadero Library Facility and;
        2. Authorize the Director of Administrative Services to remit to the San Luis Obispo County Library the remaining outstanding amount to be raised by the community after all other community contributions have been accounted for, up to a maximum of $30,000. [Administrative Services]
    3.  Implementation of City of Atascadero Marketing Plan
      • Fiscal Impact:The TJA Advertising and Mental Marketing plan proposal is divided into two phases. Phase One is November 1, 2012 through June 30, 2013 and will cost $104,000. Phase Two is July 1, 2013 through June 30, 2013 and will cost $130,000.
      • Recommendation:Council authorize the City Manager to implement the City of Atascadero Marketing Plan as proposed by TJA Advertising and Mental Marketing. [City Manager]  Motion
    4.  Wastewater Treatment Plant Head-works/Bar-screen Project Construction Award
      • Fiscal Impact:Approval of this agreement will result in the additional expenditure of $280,000.00 of previously unbudgeted Wastewater funds for this capital improvement project.
      • Recommendations: Council:
        1. Authorize the City Manager to execute an agreement with Whitaker Construction Group Inc. in the amount of $516,000.00, for the construction of a pre-screening facility at the front end of the Atascadero Wastewater Treatment Plant; and,
        2. Authorize the Director of Administrative Services to use up to $20,000 of Treatment Plant Road Repair Money, currently included in the 2012-2013 budget, to pay for project paving; and,
        3. Authorize the director of Administrative Services to allocate an additional $185,000 of Sewer Fund monies to the project to fully fund the construction project; and
        4. Authorize the Director of Administrative Services to allocate an additional $100,000 of Sewer Fund monies to cover contingency costs during construction. This money will only be used to cover costs arising out of unforseen issues that may occur during construction. Any unused funds will revert back into the Sewer Fund; and,
        5. Authorize the Public Works Director to sign a contract, the amount of $10,421.00, with Earth Systems Pacific Inc. for materials and soil testing services; and,
        6. Authorize the Public Works Director to file a Notice of Completion at the conclusion of construction. [Public Works]
           Council Discussions  Public Comment  Motion  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.)

  1. COMMITTEE REPORTS:     (The following represent standing committiees. Informative status reports will be given, as felt necessary):
 Mayor Kelley
1. City / Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. League of California Cities - CITIPAC Board Member
5. SLO Council of Governments (SLOCOG)
6. 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 forSuccessor 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)
    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 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.