CITY COUNCIL AGENDA

Atascadero City Hall Annex
6907 El Camino Real
Atascadero, CA 93423
July 14th ,2009 REGULAR SESSION: 6:00 P.M.

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ROLL CALL:

Chairperson O’Malley

Vice Chairperson Kelley

Board Member Béraud

Board Member Clay

Board Member Fonzi

APPROVAL OF AGENDA: Roll Call

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:

(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.)

Motion and Vote

1. Community Redevelopment Agency Draft Minutes – June 9, 2009

Board Secretary Recommendation: Board approve the Community Redevelopment Agency minutes of June 9, 2009. [Board Secretary]

B. PUBLIC HEARINGS: None.

C. MANAGEMENT REPORTS:

1. Colony Square Loan Guarantee Agreements

Fiscal Impact: Up to $1.5 million of budgeted Redevelopment Agency funds will be pledged.
Recommendations: Agency:
1. Authorize the Executive Director to execute a Loan Guarantee Agreement subject to approval by the City Attorney as to form of the bank’s loan agreement and related loan documents, and;
2. Authorize the Executive Director to execute a Reimbursement and Indemnification Agreement between the Atascadero Redevelopment Agency and James Harrison and Peter Hilf, the owners of the Colony Square project. [Executive Director]

Motion and Vote

2. Determination for Low/Moderate Income Housing Fund

Fiscal Impact: None.
Recommendation: Agency Board adopt the Draft Resolution determining that the planning and administrative expenses funded from the Low and Moderate Income Housing Fund are necessary for the production, improvement, and/or preservation of affordable housing for low and moderate income households. [Administrative Services]

Motion and Vote

3. Tourism, Events and Marketing Action Plan

Fiscal Impact: Current budgeted funds will be redirected to this effort. Total funding will be $125,000. This is a pilot program and AdPro is uniquely qualified to provide these services because of its relationship with Atascadero Main Street. Therefore staff is asking the Council to waive the formal process consistent with Section 3.0(f) of the City’s purchasing policy.
Recommendations: Agency Board:
1. Authorize the Executive Director to execute a contract with AdPro for a pilot program for Tourism, Marketing and Event services not to exceed $133,000 and waive the formal process consistent with Section 3.0(f) of the City’s purchasing policy; and,
2. Authorize the Executive Director to execute a revised services agreement with Atascadero Main Street. [Executive Director]

BOARD ANNOUNCEMENTS AND REPORTS:

(On their own initiative, the Board Members may make a brief announcement or a brief report on their own activities. Board 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 Board may take action on items listed on the Agenda.)

D. ADJOURNMENT TO CITY COUNCIL MEETING

CLOSED SESSION: 5:30 P.M.

1. PUBLIC COMMENT – CLOSED SESSION

2. CALL TO ORDER

a. Conference with Legal Counsel – Anticipated Litigation

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 (One case)

3. ADJOURN

CLOSED SESSION REPORT

REDEVELOPMENT AGENCY: 6:00 P.M.

REGULAR SESSION: Immediately following the conclusion of the Redevelopment Agency meeting

PLEDGE OF ALLEGIANCE: Mayor Pro Tem Fonzi

ROLL CALL:

Mayor Béraud

Mayor Pro Tem Fonzi

Council Member Clay

Council Member Kelley

Council Member O’Malley

APPROVAL OF AGENDA: Roll Call

PRESENTATIONS:

1. Employee Service Awards

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 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. City Council Meeting Draft Minutes – June 9, 2009

Recommendation: Council approve the City Council Meeting Draft Minutes of June 9, 2009. [City Clerk]

2. Street Closure Request Movies in the Park

Fiscal Impact: The cost of staff time to close the streets is approximately $800 in budgeted funds.
Recommendation: Council adopt the Draft Resolution establishing a temporary tow-away zone and street closure for a portion of Palma Avenue on four Saturdays 8/1/09, 8/8/09, 8/15/09, 8/22/09 for the Movies in the Park 2009 Series. [Community Services]

3. Colony Park Community Center Café Agreement

Fiscal Impact: The City will collect $300 per month rental fee for the café for the first two years of the agreement. After two years, if the Contract is extended by mutual agreement, the monthly rent will increase to $500 per month, and the City will share in the catering activities by obtaining 5% of the gross sales for on-site catering. Amending the no alcohol policy at the Community Center to allow alcohol to be served and special events will help increase rental activity at the facility
Recommendations:
Council:
1. Authorize the City Manager to execute a two-year contract with extension provisions for the Café and food services for the Colony Park Community Center with NCI Affiliates, Inc. (NCI, Inc.), effective upon execution of the contract through August 1, 2011; and,
2. Approve the revision (attached) to the Colony Park alcohol policy to allow alcohol to be served for special events at the facility. [Community Services]

Motion and Vote

4. Sewer System Management Plan

Fiscal Impact: This action has no direct impact on the City’s General Fund, however to meet the new requirements in the SSMP there will be financial impacts to the City’s Wastewater Enterprise Fund.
Recommendations:
Council:
1. Approve the City’s Sewer System Management Plan (SSMP) in compliance with the Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems (Water Quality Order No. 2006-0003); and,
2. Direct City staff to certify the SSMP with the State Water Board. [Public Works]

5. Temporary Road Closure Amendment – Atascadero Main Street Summer Street Fair and Farmers Market

Fiscal Impact: No net fiscal impact 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 to extend the hours for the road closure for the Summer Street Fair and Farmers’ Market and establishment of tow-away zones. [Public Works]

6. Request for Waiver Letter for Burke, Williams, & Sorensen

Fiscal Impact: None
Recommendation: Council authorize the City Manager to sign a Waiver Letter to Burke, Williams & Sorensen. [City Attorney]

7. Temporary Road Closure – Hot El Camino Cruise Nite 2009

Fiscal Impact: The cost of putting on the event is approximately $13,750. It is anticipated that these costs will be fully recovered through sponsorships and entry fees.
Recommendation: Council adopt the Draft Resolution authorizing the road closures at times and locations specified in the Resolution on Friday, August 21, 2009 for Hot El Camino Cruise Nite 2009. [Community Services]

8. Final Map 2009-0170 (Parcel Map AT 06-0205) 9125 San Rafael Road (TPM 2007-0092) Jim Cvancara

Fiscal Impact: None.
Recommendations: City Council:
1. Adopt, approve, and accept Final Parcel Map 2009-0170 (Parcel Map AT 06-0205) on behalf of the public, and,
2. Authorize and direct the City Clerk to endorse the Council’s approval on Final Parcel Map 2009-0170 (Parcel Map AT 06-0205.)

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. Placing Sewer Service Charges on the 2009-2010 Property Tax Rolls

Fiscal Impact: The City will bill $1,738,052.50 in sanitation service charges for Fiscal Year 2009-2010.
Recommendation: Council adopt the attached Draft Resolution, adopting service charges to be added to the 2009-2010 property tax rolls. [Public Works]

Motion and Vote

2. Downtown Parking and Business Improvement Area (PBIA) (FY 2007-2008) Confirmation of Annual Assessment

Description: Request for Council to confirm annual assessment for downtown PBIA.
Fiscal Impact: None.
Recommendation: Council adopt the Draft Resolution confirming the annual assessment for the Downtown Parking & Business Improvement Area (Fiscal Year 2009-2010) at $0.00. [City Manager]

Motion and Vote

C. MANAGEMENT REPORTS:

1. Update on City Council Goals and Implementation Plans

Fiscal Impact: There is no fiscal impact to the approval of these strategic planning goals and consent to the related action plans. Action steps are budgeted in the current budget.
Recommendation: Council receive an update on the City’s goals and approve the implementation plans. [City Manager]

2. Del Rio Road Specific Plan and EIR Walmart/The Annex, Council Review of Public Meeting Schedule

Fiscal Impact: None
Recommendation: Council provide staff with direction on the public meeting schedule for the Wal-Mart / Annex project General Plan Amendment and EIR. [Community Development]

Motion and Vote

3. SLOCOG Priorities for Interchange Operational Improvement Study

Fiscal Impact: None
Recommendation: Council confirm staff’s project rankings of potential SLOCOG funding of future projects based on the Interchange Operational Improvement Study. [Public Works]

Motion and Vote

4. Council Norms and Procedures Consideration of Amendments

Fiscal Impact: None
Recommendation: Council review the suggested amendments, make changes if desired, and approve the Council Norms and Procedures 2009. [City Manager]

Motion and Vote

5. City Council Relations with Staff – Amend Ordinance

Fiscal Impact: None
Recommendation: Council directed that the Ordinance regulating meetings with staff be placed on the agenda for amendment. If the Council decides to amend the Ordinance to eliminate the restrictions on meetings with staff, then the Council must:

Introduce for first reading by title only the Draft Ordinanceamending the Atascadero Municipal Code by amending Chapter 4, 9 and 13 to Title 2. [City Manager]

6. Repeal Atascadero Campaign Ordinance

Fiscal Impact: The fiscal impact of the adoption of this Ordinance will eliminate cost of implementation of the Atascadero Campaign Ordinance which would include: processing of Declaration of Candidacy Statements, calculation of expenditure limit for each election, public noticing requirements, press releases, postings on the website and processing of additional Late Contribution Reports.

Recommendation: Council directed that the Campaign Ordinance be placed on the agenda for repeal. If the Council decides to repeal the Campaign Ordinance, then the Council must:

Introduce for first reading by title only the Draft Ordinance amending the Atascadero Municipal Code by repealing Chapter 19 to Title 2, repealing an ordinance to be known as "Atascadero Campaign Ordinance." [City Attorney]

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.)

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

ADJOURNMENT: