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Home My WebLink AboutMinutes 051308 14 Approved August 12,2008 f rp leo 1918 9 CITY OFA TASCADERO CITYCOUNCIL 4 MINUTES t Tuesday, May 13, 2008' t 6 REGULAR`SESSION Immediately following the conclusion of the Redevelopment Agency meeting Mayor Brennler called the meeting to order at 7 38 p:m and led the Pledge of Allegiance Mayor Brennler asked all to keep1he Erlinson family in their thoughts and prayers ROLL CALL. Present* Council Members Clay, Luna;, O'M'alley, Beraud, and Mayor 9� Brennler r Absent. None Others Present: City Clerk/Assistant to City Manager-.Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, :Assistant City Manager Jim Lewis, Administrative Services Director ;Rachelle Rickard, Community 'Development Director Warren Frace, Police Chief Jim Mulhall, 'Fire Chief Kurt Stone, Public Works Director Steve Kahn, Deputy Administrative ServicesDirector Jeri Rangel, and City Attorney Brian Pierik. R APPROVAL OF AGENDA. nl MOTION By Council Member Luna and seconded by Mayor Pro Tem V Beraud to approve the agenda. • Motion-passed 5.0 by a roll-calf-vote. PRESENTATION } CC Minutes 05/13/08 'Page 1 of 8 ,r x r Approved August 12, 2008 1Recognition,of Administrative Services Volunteer;`Anita Lamkin P Mayor Brennler read a, prepared statement, recognizing Anita Lamkin for her 17 years of volunteer services to the,City and'ahe commu ° nity. n A. CONSENT°CALENDAR k 4 1 City Councif Special'Joint Meetinq Draft Minutes — February 28, 2008 • City Clerk Recommendation. Council, approve the City Council Special Joint Meeting,Minutes of February 28,'2008 ,[City Clerk] 2. February 2008 Accounts Payable andPayroll :{ ■ Fiscal Impact: $2;8841;981 99 • Recommendation Council approve certified City accounts payable, payroll and payroll, vendor checks for :February 2008 [Administrative Services] z 3. Street Closure.Request- Movies in the Park 2008 ■ Fisca[lmipact: .:None ■ Recommendation Council approve a;request by the Community Services Department to close a portion Palma Avenue on five Saturdays 8/2/08, 8/9/08, 8/16/08, 8/23/08, 8/30/08 'from' 5 00 :p m until 14.00 p,m for =� Movies in the Park. [Community Services] 4 Off=site Beer. and Wine Sales License Determination PLN'2008-1.288 - Z550 EI Camino Real, Suite.B (Washburn /'_Thammuenyong) Fiscal Impact: -,None - ■ Recommendation. Council adopt 'Draft_ Resolution A :finding that public convenience would'be served by allowing the issuanceL of an off-sale, beer and wine license for a new market located .at: 8550, Suite 13, EI Camino u Real [Community Development] 5 Weed Abatement- Awarding:of Contractor Bid Fiscal Impact. None_ ■ Recommendation. Council authorize the City Manager to execute the contract-.with Travis Hansen dba Hansen Bros Custom Farming for weed abatement. [Fire] I' x MOTION 'By Mayor Pro. Tem Beraud' and seconded by Councit Member Luna`to approve Consent'Items-,#1, 2, 3, 4 and:5 r Motion passed 5.0 by a roll-call vote. 4 9. COMMUNITY`FORUM Pastor Tom Farrell, representing the Ministerial Association; led those present in prayer 4 CC Minutes 05/13/08r Paget of'8 a r 1 Approved"August 12; 2008 rr ,Joan O'Keefe expressed her concerns with the continuous neglect of the`Printery a • . Lee Perkins commended' Mayor Brender'forhis performance on the Council She also Y statedthat :,she h'opesAnere is-a'stop sign °pl'anned for eastbound Curbaril°at the 101 overpass z N . � � 4r, Enc;Greeming,is also concedwith,bli ht at the Pnnte ryr Mr ,Greening asked Council to'agendize' a 4 study session in the near future,to review, and discuss' potential impacts theGovernor's revised budget,,niight have on the City s Marge Mackey'#hanked the City staff who assisted"the Atascadero Land Preservation Society (ALPS) with their picnic in Stadium Park. y Mayor Brennler closed the=Community Fordmperiod. Y ' City Manager Wade,McKinney}responded'to questions about the Printery by stating that the City isrexpecting ,new- plans to be submitted ,by the engineer He said the property >r site was cleaned up`last^}week: Mr McKinney-answered,questions'from,the Council B PUBLIC.HEARINGS 1 WeedyAbatement-"!Hearing ofObjections { Fiscal mpact. None: ■ Recommendations.,Council 1 Hear all, objections "to "the ;propose'd removal of vegetative growth Q _ and/or refuse=and,allow,or ove'rr'ule any objections, and Z Authorize the 'Fi're Chief to -proceed'-and perform the work of abate ment._-[Fire], v p t Fire Chief,Kurt,Stone gave the staff report.and answered questions of Council PUBLIC'COII MENT M Eric Greening asked: if, property owners should 'only mow their' properties before 10:00 i a:m', especially during.the,upcoming heat wave: 'Fire Chief Stone suggested everyone- e w mow be ,gfor1'O'OO a.`rr c. Mayor, Brenn � � ler closed'the�Public;,Comment period. F MOTION By Council' Member Luna and seconded' `b_y Mayour IPro Tem Beraud10 autF orize the Fire Chief to proceed' and'perform .the ;. work of abatement. r Y Motion-passed 5.0 by aroll-call vote. ` r n fi x { 9 • C AANAGEMENTR},.,EPORTS :y f ry CC Minutes 05/13/08' Page'3-of 8 i f Yr 1 k . Y R K t} u s Approved August 12, 2008 1 Mid-Year'and;Mid-Cycle Budget Revisions • y. Fiscal lrnoact $970;000 net decrease in General Fund revenues and $368,540 net increase in General Fund expenditures for fiscal year 2007- 2008 L - - $1,680,000 net decrease in General Fund revenues and $452,780 net increase in.General Fund expenditures for fiscal year 200&2009 $446;790 increase in revenues for other funds and $103,120 increase in expendituresJor other,funds for fiscal year 2007-2008 $545,000 increase. in revenues for other funds and $575,730 increase in expenditures for other funds for fiscal year 2008=2009 ■ Recommendation's. Council 1 Adopt-' Draft -Resolution A amending the 2007-2008 and 2008-2009 fiscal,year budgets 2 Adopt.Draft'Resolution B approving,a Proposition 1 B Local Streets and Roads 'Funding Proposal and accepting,, Proposition 113 funding from the State of California Department of Finance to be used on eligible transportation projects within the City of Atascadero 3 Approve staff ;budget actions taken, and adopt the fiscal policies as described in this staff report. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council PUBLIC COMMENT Roberta Fonzi appreciated the thorough report and asked what effect the cost of gasoline will have=on the-,City's budget; especially tourism She also asked how the upcoming retirement of�several employees will affect the-City John De Morales, Director of the Atascadero State Hospital; relayed that the State Hospital doesn't foresee any budget cuts, that they.are exempted from. State budget cuts Mr De Morales also„stated?that their budget is based on case load, which has 'been increasing yearly Al Fonz'i elaborated on the escalating problems in the'oil lin,ddstry He encouraged the Council to reevaluate some of the City policies and, with the current economic `conditions, look long and-hard at the future of our City 'Mayor Brennler;closed the Public Comment period. * R MOTION By Mayor. Pro Tem Beraud and seconded by Council Member ;Luna to 11. Adopt Draft Resolution A amending the 2007-2068 and 2008-2009 fiscal'year budgets, and, 2. Adopt Draft Resolution B'.approving a Proposition 1'.13 Local Streets and 'Roads Funding Proposal and accepting 'Proposition 1B funding from the- 'State of California • Department of Finance to be used on;eligible transportation projects within the City of Atascadero, and, CC Minutes 05/13/08 = Page 4,of 8 Y t Approved August 12, 2008 3. Approve staff budget actions taken and adopt the fiscal policies as described, in- ,this staffreport, including the; �Y policy to .notapprove -any new appropriations without the 3. elimination:-or reduction of a currently budgeted project or program. Motion passed 5:0 by a roll-call vote. 2. Request to Amend City's Smoking Ordinance to Include_ Atascadero State Hospital 7 j ■ Fiscal'Impact: -None ■ '.Recommendation. =Council direct -Staff' :to :,prepare a modification to the current City'Smoking Ordinance to include Atascadero State Hospital'and surrounding State property '[Police] Police Chief Jim. Mulhall gave the staff report and he and, City Attorney Pierik answered questions of Council As a result of expressed'Council concerns, City Attorney Brian Pierik stated that he -feels the. language proposed is too broad and he 'would recommend looking at other cities' ordinances and have staff' return with alternative language that would add only the Atascadero State Hospital PUBLIC COMMENT a , John De Morales, 'Director of Atascadero State Hospital, explained that the State Hospitaf,is subject to rvTitle 22,,which requires that 'all' long-term care facilities provide 4 smoking areas for, the residents of the facilities If a City ordinance were to be put in i place,itrwould trump Title 22 and the State Hospital would be smoke free, both inside the physical structure and outdoors in the courtyards Mr Morales answered questions of the Council Mayor,Brennler, closed the Public Comment period. Council discussed various options for developing the smoking ordinance MOTION By Mayor- Pro Tem Beraud and seconded by Council Member r Luna to have the City :Attorney return this item-with, alternate language that will add only the Atascadero State .Hospital to the City's YMunicipal Code concerning the prohibition of smoking on their grounds. -Motion passed 5.0 by a;roll-call vote. t 3. Paloma CreekRark Playground''Eguipment Replacement Project Award Fiscal' Impact: $177,055 55 Amount'has been budgeted in the '2007-09 Y"budget. ` a. Recommendation. .Council authorize -the City .Manager to execute a y •' contract with Dave' Bang Associates, Inc , in the amount of $1`77,055 55 Y' i CC Minutes 05/13/08 r Page 5'of 8 Approved August 12,.2008 for the purchase and installation of a hew.,playground structure forpPaloma Creek'Park.,[Public Works] Public Works Director Steve 'Kahn;, gave the staff report and answered questions of Council PUBLIC COMMENT None MOTION By Maybir brennler and seconded by,Council Member O'Malley to authorize,the City Manager to'execute a contract with Dave Bang Associates, Inc., in -the amount of $177,055.55 for the purchase-and' installation of &,new playground structure for Paloma Creek,Park. Motion.passed 5.0 by a roll-call vote. 4, `'Lewis Avenue Bridge Project (City Bid No. 2006-014) Fiscaf Impact: `None ■ Recommendations. Council :r 1. Accept the work of Souza Construction, Inc , as complete 2 Authorize"the' Public Works Director to� sign and file the Notice of Completion',[Public Works] f Public Works Director. Steve Kahn gave the staff report and answered questions of Council. y PUBLIC COMMENT = None w fi= - MOTION ByCouncil 'Member O'Malley and seconded by Council 'Member Clay to 1 Accept' the- work of Souza Construction, Inc., as complete; and, ~ 2. Authorize the }Public Works' Director to sign and file the Notice of Completion. Motion,passed5.0 by a roll-cal' ,vote. ` l S ti .. J COUNCIL,ANNOUNCEMENTS AND,REPORTS LL 1 Council'MembeilJerry ClayF ;.Request for Council consensus-to direct staff to add to their June 24, 2008, agenda, consideration of the addition of'a. Ballot Measure to the November 2.008 election a _ Shall the-electors elect`a Mayor and four Council•Members? Yes/No is Ifyes,,shall the term of office of Mayor be two years? Yes/No Ifyes shall the term`of office of Mayor be four years? Yes/No A City Council discussion;ensued regarding this iters CC Minutes 05/13/08 Page 6 of 8 Approved'August 12;.2008 s r MOTION ,v; By Council !Member Clayand' seconded by Council Member , O'Malley to place this-item on a future agenda, allowing public input'and then vote on whether or not to,place it on,the-Ballot: ' Motion' failed '2.3 by a roll-call vote. (Luna, Beraud and Y Brennler opposed) D COMMITTEE'REPORTS Council Member Luna said' that the Finance Committee met and heard the same presentation that Administrative Services Director Rachelle Rickard gave on the budget :this�evening Mayor Pro Tem 'Beraud said she will be attending an Integrated Waste Management meeting the following day. k y y Mayor Brennler said,he will be attending the Air 'Pollution Control District meeting the following,morning r Council Member O'Malley gav61he'f0llowin9 updates • S L.O Council sof Governments (SLOCOG), -,$20,000 was approved by the Council in`this evening'''s budget to help match ..funds for the San Gabriel Safe Routes to School Grant: 7 r • S L.O Regional Transit Authority (SLORTA) - Will be getting a new manager and new depot: Costs,,are an issue Working, on getting funding for a regional X transit station in Atascadero •- Economic Vitality Corporatiion,,Board of Directors (EVC)— There is a retreat this upcoming week. They are moving ahead'With,the tourism study • League,, of California Cities — Council Liaison' and CITIPAC' Board Member — Three Council Members will be attending a meeting soon E.. INDIVIDUAL DETERMINATION AND/OR ACTION F I a M AssistantAo the City Manager/City Clerk Marcia McClure Torgerson reported that the initiative F petition for the big box ordinance ,was subrmitted, to the Clerk's office on" �11Thursday, May 8t" `She said the petition ihas 2,218 signatures of which 1511, will need Y ao be verified'for it to be successful Ms Torgerson"hopes to finish signature verification sooner,. b ut has until June 20th to complete She explained options if the initiative ` succeeds and',answered'questions of the Council-, Assistant to the City3 Manager/City Clerk ;Marcia McClure, Torgerson discussed the upcoming, Phase- II Building Public Trust Workshop on Thursday, May 22"d, from 9 OOam — 4-Oopme She said that the Committee is,also working,on another forum, tentatively'scheduled for June 26th, for the public to come and discuss campaigning for public office, and= other related topics Ms Torgerson answered questions of the x µ Council " . a C6 Minutes 05/13/08 Page 7 of 8 F kt T, M Approved August 12, 2008 City Attorney Brian �:Pierik reminded' the Council that they ,will needto re-open the 0: Red'evelopmeht Agency`Closed'Sessi,on after they:adjourn,this meeting y F ADJOURNMENT MOTION By Council Member-Luria, and :seconded by Council Member O'Malley to adjourn the 'meeting. Motion passed 5:0-by a roll-call,vote. e� Mayor Brennler•adjourned;the meeting-at 10 55 p m MINUTES PREPARED BY re Marcia'McClure'Torgerson, C'M.C., itysClerk t �f iY I f J t` n i i t f. S 4 R n c .t CC Minutes 05/13/08 Page 8'of 8 s,