HomeMy WebLinkAboutMinutes 061008 6
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Approved September 23, 2008
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CITY OF A TA SCA DERO
CITY COUNCIL
MIN'UTE'S
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Tuesday, June 10, 2008
REGULAR SESSION
Mayor Brennler called the meeting to order at 6 03,p m and Council Member Clay led
�` the Pledge of Allegiance
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ROLL CALL.
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Present: Council Members Clay, Luna, Beraud;and Mayor Brennier
Absent: Council,Member O'Malley (excused)
Others Administrative Assistant Shannon Sims
Staff Present: City Manager Wade McKinney,, Public.Works Director Steve Kahn,
Acting Lieutenant Brian Dana 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 4.0 by a roll-call vote.
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Approved September 23, 2008
PRESENTATION
1 Veterans Memorial Update
Colonel Bill Hatch, Veteran's Memorial Committee, presented a PowerPoint update on
the progress of the Veteran's Memorial Project. He expressed appreciation to all of the
hardworking volunteers that have made this project possible Col Hatch answered
questions of the Council
Chuck Ward, Veteran's Memorial Committee, informed the Council that 100% of all
electric components will be donated to the Memorial by a lighting company He thanked
the construction industry for their contributions and asked that any inquiries about
contributing be referred to (805) 423-5482
A. CONSENT CALENDAR
1 City Council Draft Minutes — March 11, 2008
■ City Clerk Recommendation. Council approve the City Council Meeting
Minutes of March 11, 2008 [City Clerk]
2. City Council Draft Minutes — March 25, 2008
■ City Clerk Recommendation. Council approve the City Council Meeting
Minutes of March 25, 2008 [City Clerk]
3. January 2008 Investment Report
■ Fiscal Impact: None
■ Recommendation. Council approve the City Treasurer's report for
January 2008 [Treasurer]
David Broadwater pulled Consent Items #1 and #2
MOTION By Council Member Clay and seconded by Council Member
Luna to approve Consent Item #3.
Motion passed 4.0 by a roll-call vote.
David Broadwater said he has comments, not corrections, to Consent Items #1 and #2
He referred to questions he had asked in both the March 11th and 25th Council Meetings
that are still not addressed
City Manager Wade McKinney responded that there are no discussions or information
to report on with regards to Impact Development Fees for the Del Rio project.
City Attorney Brian Pierik said he would look into the circulation of the memo Mr
Broadwater referred to
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MOTION By Mayor 'Pro: Tem Beraud and"seconded by Council Member
Clay to approve Consent Items #1 and #2.
Motion passed 4-0 by a roiPcall vote.
COMMUNITY FORUM
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Mitch Paskin, resident on.San Marcos Road, informed Council that he intends to start
an initiative to get a`road cut from,Oakridge Estates down to Highway 41 He requested
help from staff with accessing_ documents and inquired''how the Council can help stop
Castlerock's construction
Joan O'keefe, stated she,,is again requesting to know who is responsible for enforcing
deed restrictions on the Printery She quoted a letter to the editor by Lee Perkins
regarding the Printery
Lee Perkins, representative of Oppose WalMart,and the Shield Initiative, encouraged
the City Clerk to finish cI iecking signatures by Thursday, June 12th She stated that the
City Clerk took less time checking signatures on the petition submitted last year
Eric Greening, asked to agendize the preparation of an Ordinance requiring all meetings
that are not Closed Session:be,recorded by audio•or video, and to take an interim step
of creating a policy until that ordinance,takes effect..
DavidBroadwater, referredjo'intimidation, harassment and threats by Council Members
and .asked for a written declaration`'and acknowledgement of what was heard at the
Public Trust Meeting. He passed out a formal complaint to Council (Exhibit A)
Bob Wilkins,,, lifetime resident, and business owner, thanked Bill Hatch for the
magnificent job he has, done� He quoted from Dr Watkins comments and encouraged
Council to put aside their selfish wants and save our,City He suggested that the
economic survey be cancelled;: thus saving $100,00.0 and' asked Council to give staff
positive direction to move forward with WalMart.
Nora Trinicosta, complimented the Veteran's Memorial' Committee She referred to the
s, UCSB Economic Forecast and stated that she saw a'rlot of things that did not seem so
negative Ms Trini'costa said she;finds the timing of the report suspicious, since we are
going into an election season�and urged Council to adopt the Shield Ordinance
Tom Comar, stated he was an eye witness 'to Council' Member O'Malley's threats
towards the Mayor and he supports David°Broadwater's suggestions He said he found
the UCSB Forecast report to be a politically useful document; not a planning document.
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Heather Moreno, stated that she was in attendance at the Public Trust Meeting, and
does not agree with people painting Council Member O'Malley as an unprovoked bully
and expressed her hopes that more attention is not paid-to it.
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Joann&,Main, relayed°that the first of the Tuesday Evenings in the Park barbecues is set
,., for June 17 and Will benefit the Atascadero Firefighter's Association She also
9mentioned the upcoming Atascadero Wine i Festival on June 21St at Atascadero iLake
Park Ms Main stated, thei the Chamber has- done 'the economic forecasts for 8 years
now, and'they are always held on the same date, by a reputable company and are in no
way political
Ron Walters, expressed his opinion that the Anti-WalMart group needs to register as a
group and expose their influence He urged Council to run professional meetings and
refrain from making disparaging remarks
Ann Hatch, expressed her embarrassment that our City Council is,the subject of such
r discussion She stated she's tired of hearing accusations from groups and those same
groups providing no suggestions Ms Hatch encouraged Council to reach out to the
public and to work together
Tom McGee," resident "since 1970, commented on the lack of jobs in the City and the
expense=of living in this area. He encouraged Council to put time, energy and creativity
into making our City bigger and-stronger
Al Fonzi; referred to 'the times when Atascadero- was part of, the County and
remembered the length of time emergency responses took. He commented that we
v already,have 12-13 minute response times and does not want to see that increase
`Mayor Brennler closed the Community`Forum°period.
,Mayor Brennler directed Mr 'Paskin to see City `Clerk, Marcia McClure Torgerson, for
help with acquiring public,documents and for questionsabout initiatives
City Attorney;Brian,Pierik addressed Ms O'Keefe's questions He said according to the
deed, the City has'the power to enforce the conditions on the Printery owner
City Manager Wade McKinney said that the Printery is scheduled for a future agenda.
1 ' -He assured Ms Perkins that.th&checking of signatures will be completed within the 30-
day time period
Ther&was Council consensus to have a staff,report'brought back on options and
costs associated'with-audio taping all meetings.
Mayor Brennler stated that 'he forgives Council Member O'Malley for what happened
^r m and wants to move forward He did state, however,-if-(something like that were to occur
again, he thinks Council would need to address the issue Mr Brennler encouraged
Council to read and review the points in the binder pertaining to conduct.
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• Council Member Clay said 'that Council Member O'Malley's comments were out of
frustration, not anger He encouraged Council to move beyond it
,Mayor Pro Tem Beraud stated she thinks that we all have insecurities and strengths but
the high road is needed to'be taken She said she'hopes.Council Member,O'Malley will
apologize and she is willing to let bygones be bygones
Council Member Luna stated,, he thinks the expectation is that Council be as
professional as staff; and staff has the desire for Council to come together He said he
concurs with what everyone has said about coming together and working together
Council 'Member Clay said he thinks that staff is more professional than Council is at
this time
Council Member Luna expresseddiscontent with the UCSB Economic Report He
stated' that he doesn't doubt the numbers but questions the political nature He cited
a numerous sections of the report;that he questioned Mr Luna said he agrees Council
needs to come together
Council Member Clay-stated'-ia regards to the Rottman Group, he believes their feeling
was that their project would.not work without an anchor
Mayor Brennler commented_thatbe was a little disappointed,with the report because he
thought the report was injected with quite a few political points
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B PUBLIC HEARINGS
1.. Ordinance to:Amend City's Smoking Ordinance-to Include Prohibition of
Smoking at Atascadero'.State Hospital
Disclosure of Ex Parte Communications'
Fiscal Impact: None
■ Recommendation: Council introduce for Jirst reading by title only, the Draft
Ordinance adding 'Section 8 to Title 6, Chapter 6 of the Atascadero
' Municipal Code providing for the prohibition of smoking at the Atascadero
State Hospital '[Police and'City Attorney]
City Attorney Brian�Pier, k gave staff'report and answered questions of the Council
Ex-Parte Communications.
• Mayor Brennler°stated tie attended the Atascadero State Hospital Advisory Board
on May 29th' and advised the Board of the status of this amendment and that it
was anticipated,to go before the Council tonight.
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PUBLIC COMMENT
Jon DeMorales, Atascadero State Hospital, addressed the Bill that was spoken about
and asked that Council'proceed with approval of`the proposed Ordinance
Mayor Brennler closed the Public Comment period.
N, MOTION By Council Member Luna and seconded by Mayor Pro Tem
13er6ud to introduce for first .reading by title only, the Draft
Ordinance ,adding Section 8 to Title. 6, Chapter 6 of the
5 Atascadero Municipal Code providing for the prohibition of
smokingKat;the Atascadero State Hospital.
Motion passed,4.0 by a roll-call-vote.
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C. MANAGEMENT REPORTS
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1 Final Map 2007-0156 (Tract 2733) :6905 El sCamino Real (TTM 2005-0071
Amendment) .' Colony Square . (James . Harrison/Community
Redevelopment Agency of. Atascadero),"
r ■ Fiscal Impact. None_
Recommendations: Council
1 Adopt and Approve Final'Map 2007-0156 (Tract 2733), and,
2 Accept offer of dedication for Capistrano Avenue
3 Reject, without prejudice to future acceptance, the offer of dedication
for easements for sewer and storm drain on behalf of the Public
4 Order the A abandonment, in Accordance: with Government Code
Section 66499'20-1/2 with the filing of the map, of the offer of
dedication 'for Public Highway and incidental purposes, recorded
January 17, 1922, in Book 150 of Deeds-at Page 110, the.easements
for sewer ;pipeline purposes to the Atascadero County Sanitation
District-per the documents recorded March- 3, 1970, in Book 1556 of
R Official` Records; At 'Pages 89 and 91, The easement for sewer line
purposes,as granted to the City of Atascadero by deed recorded
October 19,E 1990, in Book 3598 of Official Records at Page 65, and
the easements for Public Utility, Storm Drain and Sewer Line purposes
per Parcel Map at 85-225 as recorded February 29, 1988, in Book 43
z of Parcel Maps at Page 8, and the same
5 Authorize and direct the City Clerk to endorse the City Council's
approval'on the map
6 Authorize City Manager to sign a Subdivision AImprovement Agreement
for improvements associated with �Final Map 2007-0156 [Public
Works]
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• Public Works Director Steve Kahn gave the staff report and answered questions of the
Council 1
PUBLIC COMMENT - None
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MOTION BrCouncil Member Luna and seconded by Council Member
'Clay to
1 Adopt and Approve Final`Map 2007-0156 (Tract 2733); and,
2. Accept offer of dedication for Capistrano Avenue, and,
3. Reject;without'prejudice to future acceptance, the offer of
dedication for easements for r sewer, and storm drain on
'behalf of the Public, and,
4 Order the abandonment, in Accordance with Government
Code Section 66,.499.20-1'/2 withjhe filing of the map, of the
offer -of dedication for Public 'Highway and incidental
purposes, recorded January _17, 1922, in Book 150 of
D6edSL at Page 110, the- easements for sewer pipeline
purposes to the Atascadero! Count
Ty Sanitation District per
the documents recorded March 3, 1970, in Book 1556 of
t, Official Records, At Pages. 89 and 91, The easement for
sewer' line purposes as granted` to the City of Atascadero
by 'deed recorded'' October 19;., 1990, in Book 3598 of
Official-,Records at Page 65, and the easements for Public
Utility; Storm Drain and Sewer, Line purposes per Parcel
Map at,85-225 as recorded,February 29, 1988, in Book 43 of
,Parcel'Maps at Page 8, and the same, and,
5. Authorize and direct the City Clerk to endorse the City
Council's,approval on the map, and,
6. Authorize City Manager to sign a Subdivision Improvement
Agreement for improvements associated with Final Map
2007-0156.
Motion passed 4.0 by roll-call vote. (Item#C-1 6 Contract,2008-
016)
2. Agreement between 'the. City of Atascadero and Colony Square
Reciardinct-'the Recording.of Master CC&R's for Tract 2733
Fiscal Impact: None
■ Recommendation. Council authorize, the City Manager to execute an
Agreement between the City of Atascadero and Colony Square regarding
the recording of Master CC&Rs for Tract 2733 [Public Works]
Public Works Director- Steve Kahn gave the report and answered questions of the
Council
• PUBLIC COMMENT - None
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Approved September 23, 2008
MOTION By Council Member Luna and seconded by Council Member
Clay to authorize the City Manager to execute an Agreement
between.the City of 'Atascadero and Colony Square regarding
the recording of Master CC&Rs'for Tract 2733.
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Motion passed 4.0 by.a roll-call vote. (Item #C-2 Contract 2008-
014)
3. Streetscape.Phase.Ila Award_(City-Bid No: 2008-005)
■ Description Construction of Improvements'at Palma and Traffic Way and
Virginia Plaza Crosswalk
Fiscal Impact. $730,161.20 in budgeted.redevelopment funds
Recommendation. .,
1 Authorize the City Manager to execute a contract in -the amount of
$730;,161':20 with Granite Construction Incorporated to construct the
improvements at,Palma and Traffic Way`and Virginia Plaza Crosswalk;
and,
2 Authorize the Public Works Director to file a notice of completion after the
t project is'finished [Public Works]
Public Works Director Steve :kahn presented the staff:report and answered questions of
the Council
PUBLIC COMMENT
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Steve 'Martin, asked if the construction on Phase Ila would be finished prior to the
Holiday season and also inquired what the plan for traffic is during construction
Public Works Director Steve Kahn said the construction: will be finished before the
Holiday season and relayed traffic information
Mayor Brennler closed,the Public Comment period.
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MOTION By Council Member Luna and seconded by Council Member Clay
to authorize the'City'Manager to execute a contract in=the amount
k of $730,161.20 with Granite Construction Incorporated to
construct the improvements at Palma and Traffic Way and
Virginia,Plaza Crosswalk and allthoriie the Public Works Director
to file a notice of completion after the°project is finished.
Motion passed 4.0 by a roll-call vote. (Item #C-3.1 Contract 2008-
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• COUNCIL ANNOUNCEMENTS AND'REPORTS
a Council Member Clay commented that:he thinks one of the Council's downfalls is that
they over-study things
Mayor Brennler stated that Council Member Luna, City Manager Wade McKinney and
himself attended the League of California Cities Executive Forum and leadership
workshops He also thanked the-community for their patience with the Highway 101/41
project.
Public Works Director'Steve Kahn announced US 101 will,be closed from June 16 — 27,
weekdays, from 9.00 p rn — 5.00 a.m He stated that the closure areas will be
Northbound, from Curbaril off ramp to the Rosario off ramp, and Southbound, from
Traffic Way off ramp to CuebariVoff'ramp Mr Kahn answered questions of the Council
F
Mayor Brennler thanked Heather Young Curry for her efforts with the Annual
Atascadero Art Tour event. He also thanked the Atascadero Police Department and law
enforcement for participation in the Special Olympics torch run
City Manager Wade McKinney; on behalf of Council Member O'Malley, announced the
appointment of Heather Moreno to the Planning Commission and read a brief biography
.about her
• PUBLIC COMMENT
Heather Moreno, thanked Council for the opportunity- -to serve on the Planning
i' Commission
Mayor Brenner closed the Public Comment period.
Mayor^Pro Tem.Beraud & Council Member. O'Malley
Update on Building"Public Trust Program
City' Manager Wade McKinney read a prepared statement from Council`"Member
O'Malley
k Mayor Pro Tem Beraud stated that the committee goals, were to talk about how to
implement a public trust program and the steps and timeline She said they would like
further clarification from the Council
A brief discussion ensued among Council Members.regarding the Building Public Trust
programs
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• a' "PUBLI&COMMENT
David Broadwater, said there are four things he'dlike to, see..addressed. this evening.
"J pursuing an ordinance that puts;-caps on campaign contributions, caps of campaign
expenditures, criteria for `recusal of'City Council"Members,,and criteria and requirements
for transparency He also"stated'that he thinks all meetings should be taped
Joanne Main, announced that the Chamber has secured a couple of dates in October to
do;a,candidates forum and a;debate
Joan O'Keefe, suggested having more structure and incorporating :microphones in the
next public meeting, set up! She also stated that the Facilitator needs to control the
meeting better and be able to stand up to the strong personalities of some Council
Members
Heather 'Moreno, Planning Commissioner, commented on finance and campaign
reform She asked for clarification on caps on contributions and expenditures
Tom Comar, stated he is a,supporter of.campaign finance reform He said he supports
separating campaign finance-reform from the public,trust'issue and moving forward with
it.
Sandy Jack, stated he is opposed-to separating finance reform from overall campaign
.x- reform
3 Mayor Brennler closed the Public Comment period:
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Mayor Pro Tem Beraud suggested giving direction to City Clerk/Assistant to the City
Manager,,Marcia McClure Torgerson to research posting 460 forms on the web site
City Attorney Brian Pierik stated, that posting=460's on the web site can be done but
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there might be some,'limitations.in terms of what information on a 460 can be disclosed
He answered questions of Council regarding campaign finance
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' There was Council consensus#o pursue the committee's recommendations and;
consensus to have staff esearch-and return, with the issue of posting the 460's
online.
Council Clay stated°he does not think having campaign finance reform brought
-back is necessary
There was Council consensus to have staff,bring back campaign finance reform
as a Management Report or discussion item on' a variety of different ways to
pursue campaign finance,reform.
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• DCOMMITTEE REPORTS
g Mayor Pro Tem Beraud commented' that she saw Superintendent John Rogers at a
school event and he was recovering well'from his injury and is back to work.
Mayor Brennler
County Mayor'sRound Table Meeting at the end of the week.
A Finance Committee Minutes have been prepared from the last meeting and are
available for public viewing
w E. INDIVIDUAL DETERMINATION AND/OR,ACTION
Mayor Pro Tem Beraud announced` she has summarized her comments about the
Economic Forecast and will be submitting them to the. Atascadero News and The
Tribune.
Council Member Clay complimented Mayor Pro Tem Beraud'on the job she did relaying
her comments in a positive manner THe stated that sooner or later the City is going to
run out of funds and we,need to address this issue
• Council Member Luna stated,that retail_ sales.tax'has been a real problem in Atascadero
for many years He commented on the importance of the Economic Development
Strategy
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City Manager Wade: McKinney, ;mentioned the Economic Development Strategy is
currently being updated He stated ,that interviews are taking place and efforts to
assemble focus groups are` being made for June 26. 27th Mr McKinney said the
survey is completed and should'be out in the mail within the next couple of days
F ADJOURNMENT _
Mayor Brennlbr adjourned the meeting at 9.29 p m
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MINUTES PREPARED BY
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'Shannon Sims, Deputy City Clerk
•, Exhibit A— Formal complaint from David Broadwater
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