HomeMy WebLinkAboutMinutes 032508 Approved June 10, 2008
as . 1978 CITY OF A TA S CA DERO
CITY COUNCIL
MINUTES
Tuesday, March 25, 2008, 7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Brennler called the meeting to order at 7:00 p.m. and Council Member Clay led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Luna and Mayor Brennler
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Absent: Council Member O'Malley and Mayor Pro Tem Beraud
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson,
Deputy City Clerk Grace Pucci.
Staff Present: Assistant City Manager Jim Lewis, Fire Chief Kurt Stone, Police Lt.
Carole Robinson, Deputy Public Works Director David Athey, and
City Attorney Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve the agenda.
Motion passed 3:0 by a roll-call vote.
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A. CONSENT CALENDAR:
1. City Council Meeting Minutes — February 12, 2008
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of February 12, 2008. [City Clerk]
2. Atascadero Lake Park Parking Lot Rehabilitation Project Award
■ Fiscal Impact: $104,327.43.
■ Recommendations: Council:
1. Authorize the City Manager to execute an agreement with Michael
Frederick Paving in the amount of $104,327.43 for the Atascadero
Lake Park Parking Lot Rehabilitation project; and,
2. Authorize the Administrative Services Director to move the
appropriation of $100,000.00 in construction funds from Fiscal Year
2008-2009 to Fiscal Year 2007-2008. [Public works]
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve Items #A-1 and 2.
Motion passed 3:0 by a roll-call vote. (Item # A-2 Contract No.
2008-008)
B. PUBLIC HEARINGS:
1. Proposed Ordinance to Amend Title 12, Chapter 1 of the Atascadero
Municipal Code Pertaining to Attorneys' Fees
■ Disclosure of Ex Parte Communications
■ Description: Ordinance, if adopted, would allow the "prevailing party" to
recover attorneys' fees in civil and administrative nuisance abatement
actions.
■ Fiscal Impact: Unknown.
■ Recommendation: Council introduce for first reading, by title only, the
Draft Ordinance amending Section 12-1.06 and adding Section 12-1.08 of
Title 12, Chapter 1 of the Atascadero Municipal Code pertaining to
attorneys' fees. [City Attorney]
Ex Parte Communications — None
City Attorney Brian Pierik gave the staff report and answered questions of Council.
PUBLIC COMMENT
Al Fonzi urged the Council to consider this carefully as those most affected are those
who are least able to assume the litigation fees.
,■,., Mayor Brennler closed the Public Comment period.
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City Attorney Brian Pierik addressed the issue raised by Mr. Fonzi.
am MOTION: By Council Member Luna and seconded by Council Member
Clay to introduce for first reading, by title only, the Draft
Ordinance amending Section 12-1.06 and adding Section 12-1-
1.08 of Title 12, Chapter 1 of the Atascadero Municipal Code
pertaining to attorneys' fees.
Motion passed 3:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Downtown Forum Report and Next Steps
■ Fiscal Impact: Minor costs for signage and staff time.
■ Recommendations: Council:
1. Receive and file results from the Downtown Forum; and,
2. Direct staff to proceed with recommended action plans. [City
Manager]
Assistant City Manager Jim Lewis gave the staff report and answered questions of
Council.
PUBLIC COMMENT
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Steve Martin, Executive Director Atascadero Main Street, commented on several of the
staff's recommended actions and the list of suggestions from the forum.
Joanne Main, President / CEO Chamber of Commerce, spoke about Stadium Park and
the possible implementation of its Master Plan and the positive incentives of rolling back
impact fees.
Jim Harrison, Main Street Board Member, spoke about the possible increase in funding
for Main Street and how that would enable Main Street to expand their events in the
City. Regarding incentives for the downtown, he suggested staff and Council put time
into researching this topic, particularly for the older buildings.
Mayor Brennler closed the Public Comment period.
There was Council consensus to receive and file the results from the downtown
forum and move forward with the eight recommended actions in the staff report.
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2. Update on Broadcasting Council Meetings and AGP Contract
■ Fiscal Impact: Cost for the one-year agreement is estimated at
N" $53,000.00.
■ Recommendations: Council:
1. Receive and file update on PEG Fees and participation of Charter
Cable in supporting public, educational and government access
channels; and,
2. Authorize the City Manager to enter into a one-year agreement with
AGP Video, Inc., of Morro Bay, California, for broadcasting City
Council and Planning Commission meetings, with an estimated
annual cost of$53,000. [City Manager]
Assistant City Manager Jim Lewis gave the staff report and answered questions of
Council.
PUBLIC COMMENT
David Broadwater spoke in support of broadcasting meetings, and expressed concern
with changes to the Scope of Work giving too much discretion to the City Manager to
decide on broadcasting special meetings, putting this off until the last minute, and
extensions of the franchise agreement and use of PEG funds.
Mayor Brennler closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member
Clay to receive and file update on PEG Fees and participation
of Charter Cable in supporting public, educational and
government access channels; and, authorize the City Manager
to enter into a one-year agreement with AGP Video, Inc., of
Morro Bay, California, for broadcasting City Council and
Planning Commission meetings, with an estimated annual cost
of$53,000.
Motion passed 3:0 by a roll-call vote. (Contract No. 2008-009)
COMMUNITY FORUM:
Joanne Main, President / CEO Chamber of Commerce, spoke about the Rite Aid
proposal which came before the Planning Commission last week, and of her
disappointment in their treatment of this applicant. She expressed concern that there
are four Commissioners who are not business friendly and their comments were rude to
the applicants.
Steve Martin, Executive Director Main Street, reviewed the promotional activities Main
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Street will be involved in for the remainder of the year.
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Heather Moreno spoke about the vote to continue the Rite Aid application by the
Planning Commission and the importance of this project. She was concerned that there
are several Commissioners who are obstructionists and negative. She suggested that
there needs to be pro-active input from the Council to remind the Commissioners to
encourage business, not turn it away.
David Broadwater reiterated his concerns about giving the City Manager the discretion
on broadcasting certain meetings or not. He also spoke about development impact fees
and asked where the money will come from to pay for the interchange at Del Rio. He
mentioned the policy issue of what candidates for office can say during certain time
frames, and would like to receive the information on that issue in the memo developed
by the City Attorney. He encouraged Council to read the Attorney General's book on the
Brown Act.
Al Fonzi spoke about citizens who watch the meetings on television and on the web,
and commented that people are talking about the appointees, who are a direct reflection
of Council. He encouraged Council Members to watch the Planning Commission
meetings.
Tom Riggett, Home Depot Store Manager, introduced himself and spoke about the
programs they have available to help the community.
Joanne Main asked if the City Attorney could comment on the attorney fees for January
.. and what types of issues have caused so much research.
Mayor Brennler closed the Community Forum period.
City Attorney Brian Pierik addressed issues raised in the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay spoke about the investigation of the Youth Center and the
complaint filed with the State. Assistant City Manager Jim Lewis explained the City
received a letter stating that the site is clear. Regarding the Planning Commission
meeting referenced earlier, Council Member Clay attended the meeting and had no
problem with the questions that were asked, but thought that there was some arrogance
displayed with the way that they were asked.
Council Member Luna thanked the new manager of Home Depot for volunteering his
assistance and hopes staff will seek him out for projects where they could help.
Mayor Brennler read the last paragraph of the letter from the California Department of
am Public Health regarding the Youth Center site. He announced the Economic
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Development Strategy meeting on April 8th, and that the consultant work product would
be available for public. He also announced the Campaign Reform workshop to be held
April 2"d and April 3rd
D. COMMITTEE REPORTS:
Mayor Brennler
Air Pollution Control District (APCD): announced a program where SLO County
residents can purchase a rechargeable lawn mower with the exchange of a gas
powered mower.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Attorney
Concerning the Rite Aid project, Mr. Pierik recommended that each Council
Member indicate at this time if it is their intention to have an open mind; that they
will review the information as it comes before them, that they will deliberate
objectively, and that they haven't prejudged that matter. Each Council Member
in attendance did so affirm.
F. ADJOURNMENT:
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Mayor Brennler adjourned the meeting at 9:07 p.m. to the next regularly scheduled
meeting of the City Council on April 8, 2008.
MINUTES PREPARED BY:
r)IUA a,,, M Goat,
Marcia McClure Torgerson, A=Clerk
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