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HomeMy WebLinkAboutMinutes 070808 Approved October 14, 2008 CITY OF ATASCA DERO 19Y8 , 9 CITY COUNCIL MINUTES Tuesday, July 8, 2008 REGULAR SESSION Mayor Brennler called the meeting to order at 6 04 p m and Council Member O'Malley led the Pledge of Allegiance ROLL CALL. Present: Council Member Clay, Luna, O'Malley, Beraud and Mayor Brennier Absent: None Others Present: Deputy City Clerk Shannon Sims Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Assistant to the City Manager/City Clerk Marcia McClure Torgerson, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, Police Chief Jim Mulhall, Fire Chief Kurt Stone and City Attorney Brian Pierik. APPROVAL OF AGENDA. MOTION By Council Member Luna and seconded by Mayor Pro Tem Beraud to approve the agenda. Motion passed 5.0 by a roll-call vote. ow CC Minutes 07/08/08 Page 1 of 12 Approved October 14, 2008 A. CONSENT CALENDAR 1 City Council Draft Minutes - April 22, 2008 ■ Recommendation. Council approve the City Council Minutes of April 22, 2008 [City Clerk] 2. City Council Joint Study Session Draft Minutes - April 29, 2008 ■ Recommendation. Council approve the City Council Special Meeting Minutes of April 29, 2008 [City Clerk] 3. City Council Closed Session Draft Minutes — May 6, 2008 ■ Recommendation. Council approve the City Council Closed Session Minutes of May 6, 2008 [City Clerk] 4 2008-09 Annual Spending Limit ■ Fiscal Impact: None ■ Recommendation. Council adopt the attached Resolution establishing the annual spending limit for fiscal year 2008-2009 [Administrative Services] 5. Authorization to Purchase Replacement Fire Engine ■ Fiscal Impact: $271,350 of the 2008-2009 budgeted funds from the Vehicle Replacement Fund ■ Recommendation. Council authorize the City Manager to enter into a contract with Pierce Manufacturing Inc to build and deliver a 2008, Model 34 style wildland fire engine at a cost of $271,350 [Fire] 6 Lewis Avenue Bridge Prosect Change Order - Design of Atascadero Mutual Water Company Waterline ■ Fiscal Impact: There is no fiscal impact to the City since this is a pass through of funds ■ Recommendation. Council authorize the City Manager to sign Change Order No 5 for $9,700 00 with Psomas for design of the waterline [Public Works] 7 Inclusionary Policy Equity Sharing Program Loan Document Revision ■ Fiscal Impact: $10,000 from the In Lieu Low/Moderate Housing Fund ■ Recommendations. Council 1 Authorize staff to hire the law firm of Goldfarb Lipman LLP at an estimated cost of $10,000 to revise the Inclusionary Policy Equity Sharing Loan Program, and, 2 Authorize the Director of Administrative Services to appropriate $10,000 from the In Lieu Low/Moderate Housing Fund for Revision of the Inclusionary Housing Loan Documents [City Manager] CC Minutes 07/08/08 Page 2 of 12 Approved October 14, 2008 Mayor Brennler explained that if a member of the public wishes to contest the accuracy of the minutes or believes something was recorded in error, it would be appropriate to pull that item and speak to the issue He pointed out that if a member of the public simply wants to address the merits of an item that was recorded in the minutes, the time to do that would be during Community Forum Assistant to the City Manager/City Clerk Marcia McClure Torgerson confirmed Mayor Brender's comments and answered questions of the Council There was Council consensus to direct the City Clerk to address the language on the agenda under Consent to make it clearer for the public. Council Member Luna pulled Consent Item #A-7 George Billings pulled Consent Item #A-5 MOTION By Mayor Pro Tem Beraud and seconded by Council Member Luna to approve Consent Items 1, 2, 3, 4 & 6. Motion passed 5.0 by a roll-call vote. (Item #A-4 Resolution 2008-053) George Billings, asked for clarification on whether or not the replacement Fire Engine has 4-wheel drive He said he would highly recommend it have 4-wheel drive if it doesn't. City Manager Wade McKinney confirmed that the proposed engine is a 4- wheel drive vehicle MOTION By Council Member O'Malley and seconded by Council Member Luna to approve Consent Item #5 Motion passed 5.0 by a roll-call vote. (Item #A-5 Contract 2008- 020) Council Member Luna referred to Item #A-7, and asked that staff give further clarification of what the implications would be of foreclosure and what the City's share in this would be Administrative Services Director Rachelle Rickard responded to Council Member Luna's inquiries and answered questions of the Council PUBLIC COMMENT - None MOTION By Council Member O'Malley and seconded by Council Member Luna to approve Consent Item #7 Motion passed 5:0 by a roll-call vote. CC Minutes 07/08/08 Page 3 of 12 Approved October 14, 2008 COMMUNITY FORUM Jerry Hickman, Pastor of New Hope Christian Fellowship, led those present in prayer David Broadwater apologized for his possible contribution to the confusion surrounding pulling of draft minutes and stated he thinks clarifying the language on the agenda would be a good idea. He cited examples and encouraged Council to direct that, in situations when there is a range of potential costs or exposure, that the entire range be included in the staff report rather than just the extreme case scenario Richard Mullin, Portola Road, inquired about the unattractive window coverings of some of the Mission Oaks Outlet stores He also commented that he's noticed excessive trash in the Sunken Gardens area and requested that trash be picked up more frequently Mitch Paskin referred to Oak Ridge Estates and asked who is paying for the damage to the roads after Phase I and Phase II He asked for answers regarding the safety issues He referred Council to the EIR and PD-11 (Exhibit A) Joanne Main invited everyone to come listen to the Executive Director of the Regional Water Quality Control Board, David Ridge, speak at The Carlton Hotel on Tuesday, July 15th, at 7 30 a.m She said topics such as the basin plan and stormwater issues will be discussed Bill McNamara, founder and retired owner of McNamara Electric, spoke about what draws people to Atascadero the natural beauty of the oak trees, the hills and the people He stated that he thinks that the appointment for Mayor should be put on ballot for election George Billings, lifelong resident, spoke about point of order and his concerns about being asked to leave a prior Council meeting He paraphrased a quote from Franklin Delano Roosevelt's "For Freedom" speech Mr Billings stated he thinks Council has taken the public's freedom away by limiting speech and asked for a two-minute extension of time Mayor Brennler denied the time extension Ron Rothman wanted to speak about the Mayor position being elected Mayor Brennler stated that since it is an agendized item, the appropriate time for Mr Rothman to speak would be when Council gets to that item Ray Buban spoke about posturing by some of the members of the Council and the alleged abuse of power Mr Buban referred to a prior Council meeting and spoke of his frustrating dealings with a City Building Inspector Mayor Brennler closed the Community Forum period. am CC Minutes 07/08/08 Page 4 of 12 Approved October 14, 2008 Assistant City Manager Jim Lewis addressed Mr Broadwater's comments and spoke about the Mission Oaks Office Depot's efforts to address the window coverage problem Public Works Director Steve Kahn stated that trash is emptied daily at the Sunken Gardens and that will continue to be done Mr Kahn addressed Mr Paskin's questions and answered questions of Council Mayor Brennler addressed Mr Billing's questions and explained Point of Order He referred to the City Attorney, Brian Pierik, for further clarification Mr Pierik stated that members of the public may not speak out and say that they have a Point of Order A discussion ensued amongst Council Members and City Attorney Brian Pierik regarding Point of Order and acceptable public behavior Council Member O'Malley commented on the upcoming meeting referred to by Joanne Main He stated he hopes the topics raised during Regional Water Quality Control Board presentation will be followed up on by staff and come back to Council City Manager Wade McKinney said staff is closely monitoring developments and there isn't an exact date that this will be before Council Council Member Clay stated that he thinks the current Council is suppressing the public and being too sensitive City Manager Wade McKinney said he is not aware of any of the inspection issues raised by Ray Buban, but will look into them and prepare a memo Council Member Luna wanted to make clear that the Municipal Code states that Council may not deal with employees directly, they are to deal with the City Manager Further, he stated that any inference that Council Members might have something to do with building inspection issues is inaccurate Mayor Pro Tem Beraud supported Council Member Luna's statements and pointed out that Council gives the City Manager direction in public B PUBLIC HEARINGS 1 Placing Sewer Service Charges on the 2008-2009 Property Tax Rolls ■ Disclosure of Ex Parte Communications ■ Fiscal Impact: The City will bill $1,732,654 14 in sanitation service charges for Fiscal Year 2008-2009 ■ Recommendation. Council adopt the Draft Resolution at the conclusion of the Public Hearing, adopting service charges to be added to the 2008-09 Property Tax Rolls [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of the Council CC Minutes 07/08/08 Page 5 of 12 Approved October 14, 2008 Ex-Parte Communications. None PUBLIC COMMENT— None MOTION By Council Member Luna and seconded by Mayor Pro Tem Beraud to adopt the Draft Resolution at the conclusion of the Public Hearing, adopting service charges to be added to the 2008-09 Property Tax Rolls. Motion passed 5.0 by a roll-call vote. (Item #B-1 Resolution 2008-054) Mayor Brennler adjourned the meeting for a break at 7 31 p.m. Mayor Brennler called the meeting back to order at 7 42 p.m. C MANAGEMENT REPORTS 1 Update on Economic Development Strategy ■ Fiscal Impact: None ■ Recommendation. Council receive an update from representatives of Applied Development Economics on their progress to date regarding the economic development strategy [City Manager] Assistant City Manager Jim Lewis gave a brief description and introduced Doug Svensson, Project Manager and President of Applied Development Economics Doug Svensson, Applied Development Economics, presented a PowerPoint presentation update and elaborated on the strategy status and future process Mr Svensson answered questions of the Council There was Council consensus to ask staff to review the draft reports provided by Applied Development Economics. PUBLIC COMMENT Joanne Main asked Mr Svensson for the website mentioned in his presentation Doug Svensson replied that there is not a web address at the current time, but when it is unveiled it will be advertised and will be accessible by link on the City's website Ron Rothman mentioned that he had not received the survey yet. He commented that he thinks it is not a complete survey because it only focuses on the economic issues CC Minutes 07/08/08 Page 6 of 12 Approved October 14, 2008 David Broadwater stated he is impressed by Applied Development Economics He urged the Council to make sure events do not conflict as in the case of the Nuts and Bolts meeting overlapping the Applied Development Economics meeting Bill Shaeffer, resident, inquired to what extent the economic survey will address the values that we have beyond the economics Doug Svensson responded that it is a technical survey as it is designed to collect market information He said more of the values-type discussions will take place at the public forum in the fall Ann Hatch commended the Council for recommending the study Nora Trentecosta echoed comments that another focus on vision could be appropriate She suggested posting some sort of a timeline on the website so community members can plan ahead for these meetings Mayor Brennler closed the Public Comment period. City Manager Wade McKinney clarified that the drafts get circulated directly to the City Council but the comments wouldn't come back to staff; Council would collect the comments for the public Doug Svensson confirmed that they are currently in the process of selecting specific dates and once the dates are confirmed, they will be posted on the website He answered questions of the Council There was Council consensus to receive and file the report. 2. Balboa Road Design and Construction ■ Fiscal Impact: $103,220 00, redirected from Local Transportation funds from the Road Rehabilitation 5-Year Maintenance Project, and an estimated $10,000 in annual maintenance costs ■ Recommendations. Council 1 Council approve the design and construction of grading Balboa Road from Otero Road to Llano Road, and, 2 Authorize the Administrative Services Director to re-direct $103,220 00 in Local Transportation Funds from the Road Rehabilitation 5-Year Maintenance Project to the Balboa Road Project; and, 3 Provide Staff direction on the funding source for the annual estimate $10,000 00 maintenance costs [Public Works] Public Works Director Steve Kahn gave the staff report, distributed a memo on the subject, and answered questions of the Council CC Minutes 07/08/08 Page 7 of 12 Approved October 14, 2008 City Manager Wade McKinney elaborated further on some of the issues am PUBLIC COMMENT Joan O'Keefe commented that she thinks that Public Works Director Steve Kahn is doing exactly what he should be doing by trying to comply with federal and state laws Ron Rothman suggested that since it is mostly the upper section that is impassible, the money be put into that section alone He also suggested that the road be restricted just for emergency use Ann Hatch cited numerous road options and asked for costs for these options She inquired if the project were to be stretched out long term, it would cost more Ray Buban commented on the backlog of road maintenance in Atascadero He spoke about lobbying by a Planning Commissioner to staff and Council to place his street at the top of the priority list. A community member expressed his disappointment with the use of politics by Council and the public and the inability to get things done He asked if there are any special funds from Fire that might be applied to this road Mayor Brennler closed the Public Comment period Mayor Pro Tem Beraud said she supports staff's recommendation and suggested doing an annual inspection to see if it really requires $10,000 a year Council Member O'Malley supports the original list. He said he does not want to deviate from the original process and thinks cost analysis needs to occur Public Works Director Steve Kahn answered questions of Council Council Member Luna expressed his support for Phase I He said that Phases II and IV bother him the most because they are very costly and he thinks neighborhood meetings need to be held to discuss possible assessment district options Mayor Brennler relayed his support for Phase I and expressed great reluctance to go to Phase II MOTION By Council Member O'Malley and seconded by Council Member Luna to approve Phase I and follow up with consideration of alternatives for the other phases and hold neighborhood meetings Public Works Director Steve Kahn addressed further questions of the Council ow Council Member O'Malley amended his motion CC Minutes 07/08/08 Page 8 of 12 Approved October 14, 2008 MOTION By Council Member O'Malley and seconded by Council Member �r Luna to approve Phase I and follow up with consideration of alternatives for the other phase, hold neighborhood meetings and to add sufficient funding for erosion siltation control City Manager Wade McKinney commented on drainage issues and answered questions of Council City Attorney Brian Pierik also answered questions of Council Council Member O'Malley withdrew his Motion Council discussion continued MOTION By Mayor Pro Tem Beraud to 1 Approve the design and construction of grading Balboa Road from Otero Road to Llano Road, and, 2 Authorize the Administrative Services Director to re-direct $103,220 00 in Local Transportation Funds from the Road Rehabilitation 5-Year Maintenance Project to the Balboa Road Project; and, 3 Provide Staff direction on the funding source for the annual estimate $10,000 00 maintenance costs Mayor Pro Tem Beraud's motion died due to a lack of a second MOTION By Council Member Clay to accept Phase I and add an additional up """ to $10,000 for erosion control Council Member Clay's motion died due to a lack of a second Council discussion continued MOTION By Council Member Clay to accept Phase I and add sufficient erosion control in order to mitigate downstream drainage concerns as required to mitigate off-site impacts Council Member Clay's motion died due to a lack of a second Council discussion continued MOTION By Mayor Brennler and seconded by Council Member Clay to move forward with Phase I to make the road passable for emergency and solicit neighborhood participation in moving forward on Phase II Also, to add sufficient erosion control in order to mitigate downstream drainage concerns as required to mitigate off-site impacts per the City Engineer's analysis with a $28,000 maximum CC Minutes 07/08/08 Page 9 of 12 Approved October 14, 2008 Motion passed 5.0 by a roll-call vote. VM MOTION By Council Member O'Malley and seconded by Council Member Luna to authorize the Administrative Services Director to re-direct $28,000 in Local Transportation Funds from the Road Rehabilitation 5-Year Maintenance Project to the Balboa Road Project. Motion passed 5.0 by a roll-call vote. MOTION By Council Member Clay and seconded by Council Member Luna to approve the design and construction of grading Balboa Road from Otero Road to Llano Road. Motion passed 5.0 by a roll-call vote. Mayor Brennler recessed the meeting at 9 34 p.m. Mayor Brennler reconvened the meeting at 9 47 p.m. 3 Historic City Hall Architecture and Engineering Services ■ Fiscal Impact: The fiscal impact is expected to be $3,911,140 of Redevelopment Agency and CCHE grant funds These are potentially reimbursable by FEMA and OES ■ Recommendation. Council endorse staff to continue with next phase of architecture and engineering services with Pfeiffer Partners Architects, Inc [Administrative Services] Administrative Services Director Rachelle Rickard gave a brief report and introduced Stephanie Kingsnorth, project architect with Pfeiffer Partners Architects, Inc. Stephanie Kingsnorth elaborated about what the next Phase will entail and answered questions of the Council PUBLIC COMMENT Al Fonzi, asked if the building is being engineered to be able to withstand a larger, longer earthquake, like what is predicted Stephanie Kingsworth responded that the building will be designed to the highest level possible within the funding that is available Mayor Brennler closed the Public Comment period. Administrative Services Director Rachelle Rickard answered questions of the Council CC Minutes 07/08/08 Page 10 of 12 Approved October 14, 2008 MOTION By Mayor Pro Tem Beraud and seconded by Council Member O'Malley to endorse staff to continue with next phase of am architecture and engineering services with Pfeiffer Partners Architects, Inc. with the expected fiscal impact of $3,911,140 of Redevelopment Agency and CCHE grant funds that are potentially reimbursable by FEMA and OES. Motion passed 5:0 by a roll-call vote. 4 Campaign Finance Ordinances and Related Issues ■ Fiscal Impact: Contingent on the direction from Council [City Attorney] City Attorney Brian Pierik gave the report and answered questions of the Council MOTION By Council Member Luna and seconded by Mayor Pro Tem Beraud to go past 11 00 p m There was Council discussion on the motion Council Member Luna withdrew his motion MOTION By Council Member Beraud and seconded by Council Member Clay to go past 11 00 p.m with the intent of adjourning after public comment is received on Item #C-4 Motion passed 5.0 by a roll-call vote. PUBLIC COMMENT Ann Hatch encouraged the Council to adjourn and hear this item at the next meeting and considers it a disservice to approach it at this hour Mark Phillips showed a PowerPoint presentation he prepared He stated that the rapid cost increase of running for City Council in Atascadero is alarming Al Fonzi recommended a book by Mr Bradley Smith He said money does not determine who wins and thinks there are a lot of unintended consequences in pursuing this He encouraged Council to not to go down this road David Broadwater encouraged omitting necessary personal information and posting 460's online Cyndi Sasur said she supports Mr Phillip's and Mr Broadwater's statements and does support some form of campaign finance reform Sandy Jack, echoed support of Al Fonzi's comments He urged Council not to impose limits r.. CC Minutes 07/08/08 Page 11 of 12 Approved October 14, 2008 Roberta Fonzi, comment about recent legislation and additional requirements on the 24 hour reporting period Geraldine Brasher, expressed concern with campaign finance and stressed the importance of full disclosure in a timely fashion Mayor Brennler closed the Public Comment period. 5 Ordinance Amending Title 2, Chapter 1, Section 2-1.15 of the Atascadero Municipal Code, pertaining to Voluntary Abstentions ■ Description This Ordinance, if adopted, would clarify the interpretation of an abstention vote ■ Fiscal Impact: None ■ Recommendation. Council introduce for first reading, by title only, the Draft Ordinance amending Title 2, Chapter 1, Section 2-1 15 of the Atascadero Municipal Code pertaining to voluntary abstentions [City Manager] This item was continued to the next meeting 6. Update on City Council Strategic Planning Goals ■ Fiscal Impact: None ""w ■ Recommendation Council provide direction on the progress and status of the City Council's strategic planning goals [City Manager] This item was continued to the next meeting F ADJOURNMENT Mayor Brennler adjourned the meeting at 11.24 p m MINUTES PREPARED BY ss�hAA"l 11 LAI Shannon Sims, Deputy City Clerk The following exhibits are available for review in the City Clerk's office Exhibit A—Mitch Paskin handout Exhibit B—Steve Kahn Memo on Balboa Road am CC Minutes 07/08/08 Page 12 of 12