CITY COUNCIL AGENDA

Atascadero City Hall Annex
6907 El Camino Real
Atascadero, CA 93423
June 8th ,2010

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CITY COUNCIL REGULAR SESSION: 6:00 P.M.

PLEDGE OF ALLEGIANCE: Council Member Clay

ROLL CALL:
Mayor Fonzi
Mayor Pro Tem O’Malley
Council Member Béraud
Council Member Clay
Council Member Kelley

APPROVAL OF AGENDA: Roll Call

Motion and Vote

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. City Council Meeting Draft Minutes – April 27, 2010

Recommendation: Council approve the Draft Meeting Minutes of April 27, 2010. [City Clerk]

2. 2010-2011 Annual Spending Limit

Fiscal Impact: None.
Recommendation: Council adopt the attached Draft Resolution establishing the annual spending limit for fiscal year 2010-2011. [Administrative Services]

3. April 2010 Accounts Payable and Payroll

Fiscal Impact: 1,747,416.85.
Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for April 2010. [Administrative Services]

4. Purchase of Bus Shelters

Fiscal Impact: Funds for the purchase of these shelters have been made available through the American Recovery and Reinvestment Act (ARRA) and have been programmed through the San Luis Obispo Council of Governments (SLOCOG). The cost of the shelters is $53,957.85; total ARRA funds available for the Bus Stop Improvement Project are $70,000.
Recommendation: Council approve the purchase of five pre-manufactured bus shelters from Tolar Manufacturing using American Recovery and Reinvestment Act (ARRA) grant funds in the amount of $53,957.85. [Public Works]

5. Final Map 2009-0147 (Parcel Map AT 09-0015) 6575 Sycamore Road (LLA 2009-0096) Atascadero Mutual Water Company

Fiscal Impact: None.
Recommendation: Council:
1. Adopt and Approve Final Parcel Map 2009-0147 (Parcel Map AT 09-0015) and reject without prejudice to future acceptance on behalf of the public, the Public Streets and Pedestrian Access Easement; and,
2. Authorize and Direct the City Clerk to Endorse the Map with the City Council’s Approval; and,
3. Authorize the City Manager to sign a Drainage Release Agreement associated with Parcel Map ATAL (09-00015, Parcel 3). [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.)

PUBLIC HEARINGS

1.

Apple Valley Assessment Districts

Motion and Vote

Ex Parte Communications
Fiscal Impact: Annual assessments for 2010/2011 will total $38,430 for road/drainage system maintenance and $22,120 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 2010/2011; and,
2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2010/2011 for Street and Storm Drain Maintenance District No. 01 – Apple Valley; and,
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 2010/2011; and,
4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2010/2011 for Landscaping and Lighting District No. 01 – Apple Valley. [Administrative Services]

De Anza Estates Assessment Districts

Motion and Vote

Ex Parte Communications
Fiscal Impact: Annual assessments for 2010/2011 will total $50,224 for road/drainage system maintenance and $17,458 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in De Anza Estates. The City General Fund will contribute $710 for the fiscal year 2010/2011 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 2010/2011.
2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2010/2011 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 2010/2011.
4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2010/2011 for Landscaping and Lighting District No. 03 – De Anza Estates. [Administrative Services]

Woodridge (Las Lomas) Assessment Districts

Motion and Vote

Ex Parte Communications
Fiscal Impact: Annual assessments for 2010/2011 will total $23,639 for road/drainage system maintenance and $49,826 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Woodridge.
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 2010/2011.
2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2010/2011 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 2010/2011.
4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2010/2011 for Landscaping and Lighting District No. 02 – Woodridge (Las Lomas). [Administrative Services]

Title 8 Building Code Text Amendment – Dormant Building Permit Applications Time Extensions Program Follow-up Report – Phase III Option

Motion and

Vote

Ex Parte Communications
Fiscal Impact: It is likely that between 25%-50% of the $374,000 in outstanding plan check fees will be collected with the Phase III extension program.
Recommendations: City Council introduce for first reading by title only, Draft Ordinance A to create a Phase III Dormant Building Permit Application program consistent with staff’s recommendations. [Community Development]

C. MANAGEMENT REPORTS:

1.

Project Update (Not a Public Hearing) PLN 2009-1341 CUP 2009-0244 / RAB 2010-0019 - Conditional Use Permit for a 10 Screen Movie Theater / Retail / Restaurant building - Request to Summarily Vacate a Portion of Atascadero Mall Ave. and El Camino Real - 6320 - 6490 El Camino Real (Hoff / Wysong)

Motion and Vote

Fiscal Impact: No fiscal impact, informational item.
Recommendation: City Council receive and file this project update report. [Community Development]

Resolution Supporting the Protection of Whales by Opposing the Resumption of Commercial Whaling as Proposed by the International Whaling Commission

Motion and Vote

Fiscal Impact: None.
Recommendation: Council adopt the Draft Resolution supporting the protection of whales and opposing the resumption of commercial whaling and ten-year quotas for gray whales as propose by the International Whaling Commission. [City Manager]

General Municipal Election - November 2, 2010

Motion and Vote

Description: The City Council must adopt resolutions to initiate the election process and to combine Atascadero’s election with the County.
Fiscal Impact: The cost to the City for an election in November 2010 is determined by the number of registered voters on Election Day and the number of Candidate Statements included in the Voter Pamphlet. The City Clerk’s estimate is $18,000.00 with an additional $2,000.00 for the ballot measure.
Recommendations: Council adopt:
1. Draft Resolution A, calling for the holding of a General Municipal Election to be held on Tuesday, November 2, 2010 for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law cities, and for the submission to the voters questions relating to the election of Mayor; and,
2. Draft Resolution B, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal election to be held on November 2, 2010 with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code; and,
3. Draft Resolution C, setting priorities for filing written arguments regarding the City measure and directing the City Attorney to prepare an impartial analysis; and,
4. Draft Resolution D, providing for the filing of rebuttal arguments for City measures submitted at Municipal Elections. [City Clerk]

Potential Municipal Code Revisions -- Issues and Options -- PLN 2010-1364 (City of Atascadero)

Fiscal Impact: Minor fiscal impact to City. The proposed code text amendment will be prepared by City staff. Code text amendments that encourage economic development will create a positive fiscal impact to the City.
Recommendation: Council provide general direction to staff for preparation of a draft Municipal Code amendment. [Community Development]

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 Fonzi
1. Air Pollution Control District
2. County Mayors Round Table
3. Economic Vitality Corporation, Board of Directors (EVC)
Mayor Pro Tem O’Malley
1. League of California Cities – Council Liaison and CITIPAC Board Member
2. SLO Council of Governments, President (SLOCOG)
3. SLO Regional Transit Authority, President (SLORTA)
Council Member Béraud
1. City / Schools Committee
2. Homeless Services Oversight Council
3. Integrated Waste Management Authority (IWMA)
Council Member Clay
1. City / Schools Committee
Council Member Kelley
1. Atascadero State Hospital Advisory Committee
2. Atascadero Youth Task Force

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

F. ADJOURNMENT: