HomeMy WebLinkAboutMinutes 021208 Approved March 25, 2008
Isis 19 CITY OF A TASCADERO
CITY COUNCIL
MINUTES
Tuesday, February 12, 2008 — 7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Brennler called the meeting to order at 7:00 p.m. and Terren Harrington, Santa
Rosa School 4t" Grader, led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Luna, O'Malley, Beraud and Mayor
Brennler
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson,
Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Community Services Director
Brady Cherry, Public Works Director Steve Kahn, Police Chief Jim
Mulhall, Fire Captain Scott Hallett, Deputy Public Works Director
Geoff English, and City Attorney Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Beraud and seconded by Council Member
Luna to approve the agenda.
Motion passed 5:0 by a roll-call vote.
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PRESENTATIONS:
to. 1. Presentation of Employee Service Awards
None
2. Recognition of Former Parks and Recreation Commissioner,
Rick Mathews
Mayor Brennler recognized the contributions of Former Commissioner Rick Mathews,
and presented him with a plaque for his service.
County Supervisor Jim Patterson spoke about Mr. Mathews' service on the County
Parks and Recreation Commission, and stated he has done a tremendous job for the
County of San Luis Obispo.
Rick Mathews thanked Council Member Luna for his encouragement and support over
the years. He spoke about serving on the Parks and Recreation Commission and
recognized several individuals who have been an inspiration to him.
A. CONSENT CALENDAR:
... 1. City Council Meeting Minutes —January 8, 2008
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of January 8, 2008. [City Clerk]
2. September 2007 Investment Report
■ Fiscal Impact: None
■ Recommendation: Council approve the City Treasurer's report for
September 2007. [City Treasurer]
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve Items #A-1 and 2.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS:
1. City Council Agenda Format
■ Fiscal Impact: None.
■ Recommendation: Council introduce for first reading by title only the Draft
Ordinance, amending Title 2, Chapter 1 of the Atascadero Municipal Code
(AMC) relating to Council Procedure. [City Manager]
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Assistant to the City Manager Marcia Torgerson gave the staff report and, with City
Attorney Brian Pierik, answered questions of Council.
am PUBLIC COMMENT
Eric Greening stated his support for the earlier start time and for scheduling the
Community Forum period earlier in the meeting. He suggested a procedure for
organizing the speakers and spoke against limiting the collective speaking time.
Joan O'Keefe made a distinction between spokespersons for organizations versus
those for a group of people in the audience. She stated a person speaking for a group
present in the audience should be given the opportunity to speak for a longer period of
time.
David Broadwater stated he supported placing the Community Forum period at the
beginning of the meeting and limiting speaker time to three minutes, but was opposed to
limiting that period to 30 minutes. He suggested Council limit their post Community
Forum comments.
Mike Jackson commented that free speech is the cornerstone of this country and
cautioned the Council to tread lightly when addressing this item.
Mayor Brennler closed the Public Comment period.
.. Mayor Pro Tem Beraud suggested repealing Section 2-1.14 (time limits) from the
ordinance to have more flexibility, and place that item in the policy.
MOTION: By Council Member O'Malley and seconded by Council
Member Luna to introduce for first reading by title only the
Draft Ordinance, amending Title 2, Chapter 1 of the Atascadero
Municipal Code (AMC) relating to Council Procedure.
Motion passed 4:1 by a roll-call vote. (Beraud opposed)
There was further Council discussion regarding the 30 minute time limit for the
Community Forum period.
There was Council consensus for staff to come back with alternative language for
a policy regarding the length of the Community Forum period and use of speaker
cards.
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C. MANAGEMENT REPORTS:
am 1. Update on Printery and Community Center
■ Description: This update will include current programs and activities,
FEMA funding, and site conditions.
■ Fiscal Impact: None.
■ Recommendation: Council receive and file report.
Administrative Services Director Rachelle Rickard and Assistant City Manager Jim
Lewis gave the staff report and answered questions of Council.
PUBLIC COMMENT — None
2. City Appeal of Federal Emergency Management Agency (FEMA)
Funding — City Administration Building
■ Fiscal Impact: The City is requesting $10,002,696 in new funding from
FEMA and is requesting the reclassification of $9,106,080 from Hazard
Mitigation Funding to Repair Funding.
■ Recommendation: Council approve the First Level Appeal of PW 229-1
(Atascadero City Hall) submitted to the Office of Emergency Services
(OES) on February 1, 2008. [City Manager]
w... Administrative Services Director Rachelle Rickard gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Mike Zappas stated many citizens are frustrated that City Hall is still in shambles, and
asked if it would be possible to use some of the money to get started. He also inquired
if the variables of increased cost of materials and slow down in construction have been
taken into consideration.
Len Colamarino asked if FEMA would release the money that it has already approved
so the project can get started, and commented that City Hall is a signature building in
town that currently looks abandoned.
Eric Greening asked if the appeal of the settlement issue must be resolved prior to
determining what construction will be needed to make the building safe.
Mayor Brennler closed the Public Comment period.
Administrative Services Director Rickard and Brent Nettle, project structural engineer,
addressed questions raised during the Public Comment period.
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MOTION: By Council Member O'Malley and seconded by Council
Member Luna to approve the First Level Appeal of PW 229-1
(Atascadero City Hall) submitted to the Office of Emergency
Services (OES) on February 1, 2008.
Motion passed 5:0 by a roll-call vote.
Mayor Brennler recessed the hearing at 9:21 p.m.
Mayor Brennler called the meeting back to order at 9:37 p.m.
3. Atascadero Road Program
■ Description: An update report on the Atascadero Road Program.
■ Fiscal Impact: If Council directs staff to include bike and pedestrian
access or emergency access routes, other funded road projects would
have to be eliminated.
■ Recommendations: Council:
1. Receive report on the Atascadero Road Program; and,
2. Direct staff to proceed on the design for the Del Rio Road and San
Jacinto Ave Road Rehabilitation Projects without increased width for
bicycles and pedestrians due to cost constraints; and,
3. Provide staff direction on emergency access route projects and
funding. [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Sybil Millbury spoke about the bridge on Llano Road that is closed to the public and
which is the only way out of that area if the primary road is blocked. Mrs. Millbury
requested that the barricade be taken down to allow access in emergencies.
Eric Greening stated that money derived from driver-specific sources should be spent
on roads, but funds from non-driver specific revenue should be used for multi modal,
and suggested that prior to taking action to discard the bicycle and pedestrian features
for Del Rio and San Jacinto, Council members should bicycle and then walk the specific
stretches of those roads.
Elaine Wolf explained that Balboa Road is not passable, especially after the recent
rains, and stated that the residents don't want a paved road, but one that is passable for
emergencies.
Mayor Brennler closed the Public Comment period.
am
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Council Member Luna commented that costs are so high because the emergency roads
are listed as city standard roads. He would like the numbers redone on the basis of
ri■.
emergency access roads, not roads constructed as city standard roads.
MOTION: By Council Member O'Malley and seconded by Council
Member Luna to Direct staff to proceed on the design for the
Del Rio Road and San Jacinto Ave Road Rehabilitation
Projects without increased width for bicycles and pedestrians
due to cost constraints; and, to fully fund the top priority of
$70,000 for Balboa Road out of existing road funds; and, to
come back with a new version of the emergency list scaled
back to emergency access standards only; and, that the
Finance Committee look at other funding options.
Motion passed 5:0 by a roll-call vote.
4. Atascadero Trail Project
■ Fiscal Impact: The public process, design, right-of-way and construction
of this project could cost the City an estimated additional $200,000.00.
Acceptance of this project would require the elimination of a budgeted
project.
■ Recommendation: Council provide staff direction on the acceptance of
the Atascadero Trail Project Grant [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
MOTION: By Council Member Luna and seconded by Council Member
O'Malley to go past 11:00 p.m.
Motion passed 5:0 by a roll-call vote.
PUBLIC COMMENT
Dana Braselton, State of California Resources Agency, thanked the city for considering
taking this project from the Resource Conservation District (RCD) and stated the
Agency supports RCD's decision to relinquish the grant. Ms. Braselton answered
questions of Council.
Chuck Pritchard, President of RCD, explained why the RCD must relinquish the grant
and no longer be the lead agency, and why they would like to turn it over to the city. Mr.
Pritchard answered questions of Council.
DJ Funk, Executive Director Upper Salinas Las Tablas RCD, answered questions of
Council.
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Supervisor Jim Patterson encouraged the Council to embrace this opportunity and take
on this project as this opportunity for Prop 40 funds will never come again.
"" Chuck Pritchard spoke about attracting people to the downtown area by completing this
portion of the trail.
Mayor Brennler closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Luna to accept the responsibility of becoming the
lead agency and direct the Finance Committee to look at
options to either reduce the project or find another revenue
source.
Motion passed 5:0 by a roll-call vote.
COMMUNITY FORUM:
Constantino Santos spoke about the length of meetings and suggested that the Council
should reduce the amount of discussion they participate in.
Lee Perkins referred to the new proposal submitted by Wal Mart and discussed
problems that could arise from this new proposal. Ms. Perkins also spoke about
keeping future drive-throughs out of the downtown, and requested an ordinance to limit
retail businesses that are open 24 hours a day and adjacent to residential areas.
Tom Comar asked someone from staff to explain how a resident can get something on
the agenda. He spoke against the grocery component included in a supercenter and
explained the negative impacts to the city from that component. Mr. Comar also spoke
about the Shield Initiative.
David Broadwater asked about the procedure for allowing a citizen to get something on
a Council agenda. He also quoted from a 2006 study regarding the negative impacts of
a super Wal Mart on local businesses.
Mayor Brennler closed the Community Forum period.
City Manager Wade McKinney explained the options available to citizens who would like
to have an issue placed on a Council agenda;
1. A citizen may ask a Council Member to place their issue on the agenda under
Council Announcements and Reports, or
2. A citizen may request during Community Forum that the Council place their issue on
a future agenda, and a majority of the Council may direct staff to do so.
Mayor Brennler recessed the hearing at 11:56 p.m.
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Mayor Brennler called the meeting back to order at 12:05 a.m.
COUNCIL ANNOUNCEMENTS AND REPORTS:
1. Mayor Brennler
a. Motion to Reconsider Council action - January 22, 2008
#C-1: Economic Development Strategy Consultant Selection
Mayor Brennler explained his reasons for requesting the reconsideration.
MOTION: By Mayor Brennler and seconded by Mayor Pro Tem Beraud to
reconsider Council action - January 22, 2008 #C-1: Economic
Development Strategy Consultant Selection.
Motion passed 3:2 by a roll-call vote. (Clay, O'Malley opposed)
b. Economic Development Strategy Consultant Selection
■ Fiscal Impact: Depending on the level of public outreach and input, the
cost of developing the strategy will range from $90,0004120,000.
Related support costs and costs for the public process are estimated to be
$20,000. Additionally, the cost for the "Just Listening...Summit on
Downtown," (which Council authorized staff to conduct in February, 2008)
am will be approximately $10,000, for an estimated total of$150,000.
In June, the Council budgeted $110,000 for economic studies. Of that
amount, $7,000 was spent on "Just Listening...Thoughts on Economic
Development," and $14,500 has been allocated to tourism studies, leaving
a balance of $88,500. To fund the full study and related activities, an
additional $61,500 is needed. Funding is available in Redevelopment
Fund Reserves. If the Council approves moving forward with the study
and related public outreach activities, staff will return to the
Redevelopment Agency to request appropriation of these additional funds.
■ Recommendation: Council authorize the City Manager to execute a
contract with Applied Development Economics of Walnut Creek,
California, to serve as the City's economic development consultant to
update the City's Economic Development Strategy. [City Manager]
Doug Svensson, Applied Development Economics, clarified that they are able to make
the timetable as proposed and answered questions of Council.
City Manager Wade McKinney answered questions of Council.
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PUBLIC COMMENT
Len Colamarino stated this was a waste of the taxpayers' money, there have been
many studies regarding economic development done already, and the city doesn't have
to spend $150,000 to find a strategy. He suggested the Council must lead not just
deliberate.
Nora Trentacosta indicated there should be no conflicts of interest in this issue, she was
not comfortable with a 9 month time frame, and wanted more than one consultant
presented to the public for consideration.
Ron Rothman spoke about the concept of the General Plan for a neighborhood center
versus a super center, and stated it was important to adhere to the General Plan as
many had input into that.
Lee Perkins applauded Mayor Brennler for the position he has taken on this issue, and
stated it was more important for the study to be done right rather than setting an artificial
time line.
Richard Smith commented that the community must pull together and it was important
to have a truly independent consultant with no indication of impropriety.
Mary Arnold said that staff did as they were instructed in an exemplary way, and she
�..r believes they thoroughly researched the consultants and provided good information.
She encouraged Council to move forward and reaffirm the past decision to have an
actionable plan.
David Broadwater spoke in favor of hiring an economic consultant but supports the
Mayor's decision to rescind and allow the public to hear from the other finalists. He
distributed a handout regarding ADE. (Exhibit A)
Barbie Butz explained that the Atascadero Performing Arts Committee did a feasibility
study that should be included in the information gathered. She remarked that the four
proposals were available to the public and was concerned about the hours of work that
have already been put into this by a competent staff.
Tom Comar stated he supported the reconsideration, that ADE's background raises
concerns, and that the public cannot have confidence without seeing the other finalists.
Mayor Brennler closed the Public Comment period.
Council Comments:
Council Member Clay stated that people seem to be afraid of the results, and maybe
this should be put off until after November, allowing a new Council to make the decision.
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Mayor Brennler indicated he wants absolute objectivity and does not want to politicize
something so important to the town.
Council Member Luna stated he had a problem with not getting the community to buy
into a long term vision for economic development, which is a must.
Mayor Pro Tem Beraud said she could hear the frustration, but this is not another study
it is a strategy to tie all the other studies together.
Council Member O'Malley stated he is unable to support doing one more study that this
Council would fail to act on.
MOTION: By Mayor Brennler and seconded by Mayor Pro Tem Beraud to
rescind the selection of ADE as the consultant to update the
city's economic development strategy, return the selection
process of the four consulting firm finalists, specifically Civic
Economics TIP, Chaven Concepts, Applied Development
Economics and PMC, to the Council for process whereby each
firm is given the opportunity for a presentation, one hour or
less before the Council, and that the public and the Council is
provided an opportunity to review a couple of examples of
each firm's previous work product, such as a big box retail
impacts study, an economic development strategy, or a
downtown revitalization plan.
Motion passed 3:2 by a roll-call vote. (O'Malley, Clay opposed)
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adjourn the meeting.
Motion passed 5:0 by a roll-call vote.
ADJOURNMENT:
Mayor Brennler adjourned the meeting at 1:34 a.m. to the next regularly scheduled
meeting of the City Council on February 26, 2008.
MINUTES PREP ED BY:
(—kbla
bi2re6 Pucci, Deputy City Clerk
The following exhibit is available for review in the City Clerk's office:
Exhibit A— David Broadwater, handout
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