CITY COUNCIL AGENDA

Atascadero City Hall Annex
6907 El Camino Real
Atascadero, CA 93423
June 9th ,2009

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COMMUNITY REDEVELOPMENT AGENCY

CLOSED SESSION: 5:30 P.M.

1. PUBLIC COMMENT – CLOSED SESSION

2. CALL TO ORDER

a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Govt. Code Sec. 54956.8) Property address: 6005 El Camino Real, Atascadero, California

Agency Negotiator: Wade McKinney, Executive Director

Negotiating Parties: Carlton Hotel Investments, LLC

Under Negotiation: Instruction to negotiator will concern price and terms of payment.

3. ADJOURN

CLOSED SESSION REPORT

REDEVELOPMENT AGENCY: 6:00 P.M.

ROLL CALL:

Chairperson O’Malley

Vice Chairperson Kelley

Board Member Béraud

Board Member Clay

Board Member Fonzi

APPROVAL OF AGENDA: Roll Call

Motion and Vote

COMMUNITY FORUM:

(This portion of the meeting is reserved for persons wanting to address the Board on any matter not on this agenda and over which the Board has jurisdiction. Speakers are limited to three minutes. Please state your name and address for the record before making your presentation. The Board may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Board.)

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 Agency Board 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 Agency Board concerning the item before action is taken. DRAFT MINUTES: Agency 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 Agency Board. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of this meeting.)

1. Community Redevelopment Agency Draft Minutes – April 14, 2009

Board Secretary Recommendation: Board approve the Community Redevelopment Agency minutes of April 14, 2009. [Board Secretary]

2. Community Redevelopment Agency Draft Minutes – May 12, 2009

Board Secretary Recommendation: Board approve the Community Redevelopment Agency minutes of May 12, 2009. [Board Secretary]

B. PUBLIC HEARINGS

1. 2009-2011 Operating and Capital Budget

Motion and Vote

Fiscal Impact: The total revenues are budgeted at $3,904,520 and $3,844,610 for fiscal years 2009-2010 and 2010-2011, respectively. Total expenditures are budgeted at $6,199,900 and $5,173,800 for fiscal years 2009-2010 and 2010-2011, respectively.
Recommendations Board adopt Draft Resolution of the Community Redevelopment Agency of Atascadero adopting the budgets for the 2009-2010 and 2010-2011 fiscal years and delegating to the Executive Director authority to implement same. [Executive Director]

C. MANAGEMENT REPORTS: None.

BOARD 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. ADJOURNMENT TO CITY COUNCIL MEETING

REDEVELOPMENT AGENCY CLOSED SESSION: 5:30 P.M.

REDEVELOPMENT AGENCY: 6:00 P.M.

REGULAR SESSION:

Immediately following the conclusion of the Redevelopment Agency meeting

PLEDGE OF ALLEGIANCE: Council Member O’Malley

ROLL CALL:

Mayor Béraud

Mayor Pro Tem Fonzi

Council Member Clay

Council Member Kelley

Council Member O’Malley

APPROVAL OF AGENDA: Roll Call

Motion and Vote

PRESENTATIONS:

1. 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 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 Meeting Draft Minutes – May 12, 2009

Recommendation: Council approve the City Council Meeting Draft Minutes of May 12, 2009. [City Clerk]

2. Amendment of Section 3-5.105 of the Atascadero Municipal Code pertaining to Cardrooms - 2nd Reading

Fiscal Impact: None
Recommendation: Council adopt on second reading, by title only, the Draft Ordinance amending Section 3-5.105 of the Atascadero Municipal Code to clarify the number of card tables that may be licensed within the City. [City Attorney]

3. Alcoholic Beverage Control License for On-site Wine Tasting - PLN 2009-1330 - 8200 El Camino Real (New Albertson’s Inc.)

Fiscal Impact: None.
Recommendations: Council adopt Resolution A finding that public convenience or necessity would be served by allowing the issuance of a Type 42 license for on-site wine tasting at Albertson’s located at 8200 El Camino Real. [Community Development]

4. Memorandums of Understanding for Atascadero Police Association, Service Employees International Union Local 620, Mid-Management/ Professional Employees Association and Resolution for Non-Represented Professional and Management Workers and Confidential Employees

Motion and Vote

Fiscal Impact: The impact of the MOUs, Draft Resolution and side letter are included in the annual budget being presented to the City Council this evening.
Recommendations: Council:
1. Approve Memorandums of Understanding and a Draft Resolution, authorizing salaries and benefits for the above-named employee groups and direct the Personnel Officer to make corresponding changes to the salary schedule; and
2. Accept the side letter from the Atascadero Professional Firefighters Association (APFA) Local 3600 regarding a voluntary deferral of negotiated wage increases and call-out pay. [City Manager]

5. Parking & Business Improvement Area (PBIA) Assessment

Description: The annual PBIA assessment is imposed on downtown businesses for improvements in the downtown.
Fiscal Impact: The City receives approximately $10,500 annually from the Downtown Parking and Business Improvement Area assessments.
Recommendation: Council adopt the Draft Resolution of Intention, declaring intent to levy annual Downtown Parking & Business Improvement Area assessment, and set a public hearing for June 23, 2009. [City Manager]

6. Proposition 1B Safety and Security Grant Agreement

Fiscal Impact: None.
Recommendation: Council approve the attached Draft Resolution authorizing the City Manager and Director of Administrative Services to execute documents necessary for the purpose of obtaining financial assistance provided by the Governor’s Office of Homeland Security. [Public Works]

7. Temporary Road Closure - Atascadero Main Street - Atascadero Bandstand and Beerfest

Fiscal Impact: No net fiscal impact to the General Fund as the road closure fee covers the cost of installing the Road Closed signs.
Recommendation: Council adopt the Draft Resolution approving a request by Atascadero Main Street for a road closure for the Atascadero Bandstand and Beerfest and establishment of tow-away zones on July 11, 2009 from 7:00 a.m. to 10:00 p.m. [Public Works]

8. Temporary Road Closure - Atascadero Main Street - Summer Street Fair and Farmers’ Market

Fiscal Impact: No net fiscal impacts to the General Fund as road closure fees cover the cost of installing the Road Closed signs.
Recommendation: Council adopt the Draft Resolution approving a request by Atascadero Main Street for a road closure for the Summer Street Fair and Farmers’ Market and establishment of tow-away zones every Wednesday from 3:00 p.m. to 9:00 p.m. from June 17th to August 26, 2009. [Public Works]

9. Edward Byrne Memorial Justice Assistance Grant

Fiscal Impact: Receipt and expenditure of $11,220.00 in federal criminal justice grants funds
Recommendation: Council approve the second Police Department submission of an application to the U.S. Department of Justice for federal criminal justice funding through the Justice Assistance Grant (JAG) with an award of $11,220.00. [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. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.)

B. PUBLIC HEARINGS:

1. Apple Valley Assessment Districts

Motion and Vote

Ex Parte Communications
Fiscal Impact: Annual assessments for 2009/2010 will total $35,889 for road/drainage system maintenance and $16,670 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley.
Recommendations: Council:
1. Adopt Draft Resolution A approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 01 – Apple Valley, and the levy and collection of annual assessments related thereto for fiscal year 2009/2010.
2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No. 01 – Apple Valley.
3. Adopt Draft Resolution C approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 01 – Apple Valley, and the levy and collection of annual assessments related thereto in fiscal year 2009/2010.
4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No. 01 – Apple Valley. [Administrative Services]

2. De Anza Estates Assessment Districts

Motion and Vote

Ex Parte Communications
Fiscal Impact: Annual assessments for 2009/2010 will total $35,454 for road/drainage system maintenance and $21,316 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in De Anza Estates. The General Fund will contribute $840 for half of the maintenance costs of the trails.
Recommendations: Council:
1. Adopt Draft Resolution A approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 03 – De Anza Estates, and the levy and collection of annual assessments related thereto for fiscal year 2009/2010.
2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No. 03 – De Anza Estates.
3. Adopt Draft Resolution C approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 03 – De Anza Estates, and the levy and collection of annual assessments related thereto in fiscal year 2009/2010.
4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No. 03 – De Anza Estates. [Administrative Services]

3. Woodridge (Las Lomas) Assessment Districts

Motion and Vote

Ex Parte Communications
Fiscal Impact: Annual assessments for 2009/2010 will total $20,407 for road/drainage system maintenance and $78,443 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Woodridge. The City General Fund will contribute $5,080 toward the cost of the trails.
Recommendations: Council:
1. Adopt Draft Resolution A approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 02 – Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2009/2010.
2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No. 02 – Woodridge (Las Lomas).
3. Adopt Draft Resolution C approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 02 – Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year 2009/2010.
4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No. 02 – Woodridge (Las Lomas). [Administrative Services]

4. 2009-2011 Operating and Capital Budget

Motion and Vote

Fiscal Impact: The total revenues are budgeted at $31,939,630 and $39,737,850 for fiscal years 2009-2010 and 2010-2011 respectively. Total expenditures are budgeted at $33,354,820 and $41,622,390 for fiscal years 2009-2010 and 2010-2011 respectively.
Recommendations: Council:
1. Adopt Draft Resolution of the City Council of the City of Atascadero adopting the budgets for the 2009-2010 and 2010-2011 fiscal years and delegating to the City Manger the authority to implement same;
2. Adopt Draft Resolution of the City Council of the City of Atascadero amending fiscal year 2008-2009 budget; and
3. Adopt Draft Resolution of the City Council of the City of Atascadero adopting the fiscal year 2009-2010 annual spending limit. [Administrative Services]

C. MANAGEMENT REPORTS:

1. Renewal of Contract with AGP Video, Authorization to Adopt State Video Services Franchise Agreement and Impose PEG Fees, and Modifications to Existing Broadcast Services

Motion and Vote

Fiscal Impact: The total cost of the contract as recommended is $24,240. The 2009-11 Budget has reduced the amount available for video broadcasting and streaming by $20,000. Should the Council wish to continue all services, other programs will need to be reduced.
Recommendations: Council:
1. Authorize the City Manager to enter into a two-year contract with AGP Video of Morro Bay to provide broadcasting and channel management services for the City’s cable channel; and,
2. Direct staff to prepare an ordinance relinquishing the local franchise agreement between the City of Atascadero and Charter Communications in lieu of adopting the State video services franchise and negotiate a side letter between Charter Communications and the City of Atascadero; and,
3. Direct staff to prepare an ordinance imposing a Public Education Government Access Fee on Cable subscribers of up to 1% of revenues received from cable television services; and,
4. Discontinue archiving of video of meetings via the Internet (audio and video streaming and audio archiving will continue); and,
5. Discontinue broadcasting of Planning Commission meetings. [City Manager]

2. Ballot Measure for Mosquito, Vector and Disease Control Assessment

Motion and Vote

Fiscal Impact: In 2009-10 the proposed assessment for the City of Atascadero is $630.50. The assessment will continue in future years and may be adjusted annually, based on the change in the Los Angeles Area Consumer Price Index, not to exceed 3% per year.
Recommendation Council give staff direction on how the City, as a property owner, should vote on its Official Assessment Ballot for Mosquito, Vector and Disease Control Assessment by the San Luis Obispo County Mosquito and Vector Control Program. [City Manager]

COUNCIL ANNOUNCEMENTS AND REPORTS:

COMMITTEE REPORTS:

(The following represent standing committees. Informative status reports will be given, as felt necessary):

Mayor Béraud

1. City / Schools Committee

2. County Mayors Round Table

3. Finance Committee

4. Homeless Services Governing Board

5. Integrated Waste Management Authority (IWMA)

Mayor Pro Tem Fonzi

1. Air Pollution Control District

2. Finance Committee

Council Member Clay

1. City / Schools Committee

Council Member Kelley

1. Atascadero State Hospital Advisory Committee

2. Atascadero Youth Task Force

Council Member O’Malley

1. Economic Vitality Corporation, Board of Directors (EVC)

2. League of California Cities – Council Liaison and CITIPAC Board Member

3. SLO Council of Governments, Vice President (SLOCOG)

4. SLO Regional Transit Authority, Vice President (SLORTA)

5. Central Coast Regional Water Quality Control Board, Member (RWQCB)

INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager

F. ADJOURNMENT: