CITY COUNCIL AGENDA

Atascadero City Hall Annex
6907 El Camino Real
Atascadero, CA 93423
August 11th ,2009

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REGULAR SESSION: 6:00 P.M.

PLEDGE OF ALLEGIANCE: Council Member Clay

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

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. City Council Meeting Draft Minutes – June 16, 2009

Recommendation: Council approve the Special Joint Meeting Draft Minutes of June 16, 2009. [City Clerk]

2. City Council Meeting Draft Minutes – June 23, 2009

Recommendation: Council approve the City Council Draft Minutes of June 23, 2009. [City Clerk]

3. May 2009 Accounts Payable and Payroll

Fiscal Impact: 2,005,336.58
Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for May 2009. [Administrative Services]

4. Repeal Atascadero Campaign Ordinance

Motion and Vote

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 adopt on second 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]

5. Proposed Revision to the Atascadero Municipal Code Prohibiting Smoking in the Charles Paddock Zoo and in the City’s Outdoor Recreation Areas and Parks

Motion and Vote

Fiscal Impact: It is estimated that the costs of new signage will be $500. The Tobacco Control Program has offered to pay for the costs of the signs. Since current State laws prohibiting smoking near children’s playgrounds and public building entrances have generated no additional law enforcement costs, it is anticipated that the proposed new laws should not result in any new ongoing costs for the Police Department. Similar laws in other jurisdictions have been reported to be largely self-enforcing.
Recommendation: Council adopt on second reading, by title only, the Draft Ordinance amending Title 10, Parks and Recreation, adding Section 10-1.34 Prohibiting Smoking in the Charles Paddock Zoo, City owned Outdoor Recreation Areas, and Public Parks except for ceremonial or religious purposes, and except for paved parking lots. [Community Services]

6. Alcoholic Beverage Control License for Beer and Wine Bar - PLN 2009-1336/ABC 2009-0006 - 6155 El Camino Real (Flagg/Buletti)

Description: Request to allow an Alcoholic Beverage Control license for the on-site sale of beer and wine at a new beer and wine bar in the downtown.
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution A finding that public convenience or necessity would be served by allowing the issuance of a Type 42 ABC license for the on-site sale of beer and wine for a new beer and wine bar at 6155 El Camino Real. [Community Development]

7. Atascadero Creek Reservations No. 2, 3 (bow tie) & 5 - Acceptance of Interagency Transfer Agreement which includes Quitclaim Deeds and Acceptance of Assignment and Assumption of Lease for Creek Reservation #2

Description: Atascadero Creek Reservation No. 2 is the portion of Atascadero Creek from the Lewis Avenue Bridge to the Capistrano Bridge, No. 3 (bowtie) is a small portion of Atascadero Creek south of the Lewis Avenue Bridge, and No. 5 is the portion of Atascadero adjacent to the Atascadero High School. The Atascadero Unified School District currently owns this property and the Atascadero Historical Society holds a lease on Creek Reservation No. 2.
Fiscal Impact: There are no direct fiscal impacts resulting from the acceptance of these Creek Reservations. There may be future fiscal impacts associated with the acquisition, including, but not limited to:
1. Legal costs and damages arising out of future injuries and claims
2. Maintenance and care of the vegetation in the riparian area

Recommendations: Council adopt the Draft Resolution, thereby authorizing the City Manager to execute the Interagency Transfer Agreement, thereby:
1. Accepting interest in the real property conveyed by the Quitclaim Deeds from the Board of Trustees of the Atascadero Unified School District for Atascadero Creek Reservations No. 2, 3 (bow tie) and 5; and,
2. Accepting Assignment and Assumption of the Atascadero Historical Society Lease to the City for Atascadero Creek Reservation No. 2. [City Manager]

8. Temporary Road Closure – Lakeview Drive

Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution approving a request by Michael Frederick Paving Corporation for a construction road closure, for 10 working days between August 19th and September 18th, for a water main extension project on Lakeview Drive and establishing a temporary tow-away zone during the hours of closure. [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. 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. PLN 2099-0997 - Zone Text Change 2003-0058 Amendment - Amendment to PD-23 Standards to Allow Indoor Recreation and Amusement Services (West Front Village, LLC

Motion and Vote

Ex Parte Communications:
Description: Proposed PD-23 Zone Text Change to allow indoor recreation services and amusement services in the business park portion of PD-23 with specific parking requirements.
Fiscal Impact: The project will have a minor positive fiscal impact to the City of Atascadero. The proposed zone change will add an additional allowable commercial use and likely encourage a new business in town and the construction of a new building. Sales tax revenues are expected to be minor, however, the construction of new commercial buildings will generate permit and capital impact fees.
Recommendation: Planning Commission Recommends Council: Introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2003-0058 Amendment (PLN 2099-0997) amending the Planned Development 23 Overlay District Text to add indoor recreation services and amusement services to the allowed uses in the business park portion of PD-23 with special parking requirements, based on findings. [Community Development]

2. Atascadero Transit Fixed Route Fare Increase

Motion and Vote

Ex Parte Communications:
Description: Council requested to adopt Resolution establishing fare increase.
Fiscal Impact: Transit services are funded through a combination of Federal and State transportation funding and the fare revenue collected from passengers. It is estimated that, at the current level of ridership, the recommended fare increase will generate an additional $8,000 per year in fare box revenue.
Recommendation: Council adopt Draft Resolution establishing a fare increase for the Atascadero Transit Fixed Route service in the amount of $ 0.25 in the General Public fare and $ 0.10 in the Discount fare for the elderly and persons with disabilities, effective September 1, 2009. [Public Works]

3. Confirming the Cost of Vegetative Growth and/or Refuse Abatement

Motion and Vote

Ex Parte Communications:
Fiscal Impact: The City will receive $100,828.76 from the 2009/2010 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]

C. MANAGEMENT REPORTS:

1. Budget Amendment and Update

Motion and Vote

Fiscal Impact: The proposed budget reallocation will move $321,000 in expenditures from the Gas Tax Fund to the Local Transportation Fund.
Recommendation: Council adopt Draft Resolution to amend the 2008-2009 fiscal year budget. [Administrative Services]

2. Zoo Entrance and Restroom Project – City Bid No. 2009-010

Fiscal Impact: The table showing the fiscal impact will be updated prior to the August 11, 2009 City Council Meeting based on the bid results.
Recommendation: Council authorize the City Manager to execute a contract with the lowest responsible bidder in the amounts to be determined at the bid opening on August 7, 2009 for construction of the new Zoo entrance and restroom facilities. [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.)

D. 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:

Motion and Vote

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

a. Planning Commission Request to form a Sub-Committee to Review the Sign Ordinance

Motion and Vote

Recommendation: Council table the request of the Planning Commission to form a sub-committee to review the Sign Ordinance.

b. Commission Attendance Reports

ADJOURNMENT: