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HomeMy WebLinkAboutMinutes 081208 Approved as Amended October 14, 2008 r nFP r r s�19y$�{ r r 9 CITY OF ATASCADERO low CAN,— CITY COUNCIL MINUTES Tuesday, August 12, 2008 CITY COUNCIL CLOSED SESSION 5 00 P M Mayor Brennler called the meeting to order at 5 00 p m ROLL CALL Present: Council Members Luna, Clay, O'Malley, Beraud and Mayor Brennler Absent: None Others Present: City Clerk / Assistant to the City Manager Marcia McClure Torgerson, and Deputy City Clerk Susanne Anshen Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Community Development Director Warren Frace, Public Works Director Steve Kahn, Fire Chief Kurt Stone, Police Chief Jim Mulhall, and City Attorney Brian Pierik Mayor Brennler indicated Item "a" has been deleted from the agenda. PUBLIC COMMENT— CLOSED SESSION None Mayor Brennler closed the Public Comment period. a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Govt. Code Sec 54956 8) Property address Easement from Capistrano Avenue to Stadium Park along APN# 029-105-028 Agency Negotiator Wade McKinney, City Manager +■•• Negotiating Parties Dr Gary Renzaglia and Ms Sandy Hughes Under Negotiation Instruction to negotiator will concern price and terms of payment. CC Minutes 08/12/08 Page 1 of 11 Approved as Amended October 14, 2008 b. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION am (Govt.Code Sec 54956 9(a)) Title Tracey v City of Atascadero, Case No CV070917 c. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956 9(c) (Number of cases 1) d PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title CITY MANAGER e. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) ADJOURN Mayor Brennler adjourned the Closed Session of the City Council at 5 55 p m to the regular meeting of the Redevelopment Agency CLOSED SESSION REPORT �.r City Attorney Brian Pierik announced there were no reportable actions taken. CITY COUNCIL REGULAR SESSION Mayor Brennler called the meeting to order at 6 42 p m and led the Pledge of Allegiance City Clerk / Assistant to City Manager Marcia McClure Torgerson introduced Susanne Anshen who is replacing Grace Pucci as Deputy City Clerk. ROLL CALL. Present: Council Members Clay, Luna, O'Malley, Beraud and Mayor Brennler Others Present: City Clerk/ Assistant to City Manager Marcia McClure Torgerson, and Deputy City Clerk Susanne Anshen Staff Present: City Manager Wade McKinney, City Attorney Brian Pierik, ,,m Community Development Director Warren Frace, and Police Chief Jim Mulhall CC Minutes 08/12/08 Page 2 of 11 Approved as Amended October 14, 2008 APPROVAL OF AGENDA. Mayor Brennler confirmed with staff that Item C-1 was pulled from the agenda by the applicant and will be continued to a future date Mayor Brennler asked that Item C-3 be the C-1 position MOTION By Mayor Pro Tem Beraud and seconded by Council Member Luna to continue Item C-1 and move Item No C-3 to the C-1 position on the agenda. Motion passed 3.2 on a roll-call vote (Council Members O'Malley and Clay opposed) Council Member Clay asked Community Development Director Warren Frace to clarify that the Wal-Mart group and the Rottman Group will submit simultaneously Staff indicated it would appear that both groups will now attempt to return under a specific plan that had already been approved by the Council, but this has not yet been confirmed PRESENTATIONS 1 Police Chief Jim Mulhall presented Support Services Technician Kelly Arebalo with the Police Chief's Commendation for Exceptional Performance in a Multi-Jurisdictional Event that occurred on September 6, 2007 2 Police Chief Jim Mulhall presented a Plaque of Appreciation to Senior Officer Keith Falerios upon the Retirement of his Canine-Partner, Zep Van Guy's Hof, who served from August 28, 2002, until March 19, 2008 3 Dave Mullinax, League of California Cities Regional Public Affairs Manager, made a presentation on the following Resolution and answered questions of the Council Resolution Opposing Irresponsible State Budget ■ Fiscal Impact: This action will have no financial impact, however if the State implemented the borrowing contemplated in the current Budget edition, the impact would cost Atascadero $1,090,000 00 ■ Recommendation Council adopt Draft Resolution entitled A RESOLUTION OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS [City Manager's Office] MOTION By Council Member O'Malley seconded by Council Member Luna, to adopt Draft Resolution entitled, A Resolution Opposing Fiscally Irresponsible State Budget Decisions That aw Would "Borrow" Local Government, Redevelopment and Transportation Funds. CC Minutes 08/12/08 Page 3 of 11 Approved as Amended October 14, 2008 Motion passed 5.0 on a roll call vote. (Resolution No. 2008- 021) w. A. CONSENT CALENDAR 1 City Council Draft Minutes — May 13, 2008 ■ Recommendation. Council approve the City Council Meeting Minutes of May 13, 2008 [City Clerk] 2. City Council Special Meeting Draft Minutes — May 22, 2008 ■ Recommendation. Council approve the City Council Special Meeting Minutes of May 22, 2008 [City Clerk] 3. May 2008 Accounts Payable and Payroll ■ Fiscal Impact: $ 1,900,993 39 ■ Recommendation Council approve certified City accounts payable, payroll and payroll vendor checks for May 2008 [Administrative Services] 4. June 2008 Accounts Payable and Payroll ■ Fiscal Impact: $ 2,624,762 76 ■ Recommendation Council approve certified City accounts payable, payroll and payroll vendor checks for June 2008 [Administrative Services] 5 March 2008 Investment Report ■ Fiscal Impact: None ■ Recommendation Council approve the City Treasurer's report for March 2008 [Administrative Services] 6. Acceptance of Proposals for Contract Plan Check Services for Building Services ■ Fiscal Impact: The plan check contract is expected to exceed $100,000 per year The cost is paid for by a percentage of the building plan check fee, which is collected at the time of permit submittal ■ Recommendation. Council place on eligibility list, and award contracts for plan check services to, California Code Check, Wildan Engineering, and NAFFA International [Community Development] 7 Cafe & Concession Agreement Approval for the Colony Park Community Center ■ Fiscal Impact: The City will collect $400 per month rental fee of the cafe and 10% of gross receipts for all on-site cafe & catering sales ■ Recommendation. Council approve a two-year contract with extension provisions for cafe and food services for the Colony Park Community Center with LeBoeuf's Bar-b-que, effective upon execution of the contract through September 30, 2010 [Community Services] CC Minutes 08/12/08 Page 4 of 11 Approved as Amended October 14, 2008 8. Atascadero Creek Trail and Restoration Prosect ■ Fiscal Impact: The public process, design, right-of-way and construction em of this project could cost the City an estimated additional $200,000 00 ■ Recommendations. Council 1 Adopt the Draft Resolution authorizing filing of an application for grant funds from the River Parkways Grant Program, and, 2 Authorize the Public Works Director to sign Amendment #2 to the Grant Agreement which transfers the Grant to the City of Atascadero and extends the project performance period to May 1, 2011 [Public Works] 9 Temporary Road Closure — Colony Days Parade Route ■ Fiscal Impact: Staff time required for traffic control and clean-up related to this event. ■ Recommendations Council 1 Adopt the Draft Resolution establishing a temporary Colony Days Parade Route and associated tow-away zones, and 2 Approve the following No Parking zone, road closures and tow-away zones for the Parade and related events • Friday, October 17th thru Sunday, October 19th, 2008 - 6 00 a.m until 5.00 p m Establish No Parking and tow-away zone o East Mall - south side only from 5901B to the entrance to City Parking Lot ow • Saturday, October 18, 2008 6 a.m until 5 00 p m Establish road closure and tow-away zone o West Mall from EI Camino Real to Lewis Avenue o East Mall from EI Camino Real to Lewis Avenue o Palma Avenue from East Mall to West Mall • Saturday, October 18, 2008 from 8 00 a.m until 1 00 p m Establish road closure and tow-away zone o EI Camino Real from Curbaril to Traffic Way o Entrada Avenue from EI Camino Real to Lewis Avenue o Lewis Avenue from Traffic Way to Capistrano o West Mall from EI Camino Real to Olmeda o San Luis Avenue from Curbaril to Pueblo o Pueblo Avenue from San Luis Avenue to EI Camino Real o Palma Avenue from East Mall to Traffic Way[Public Works] 10 Temporary Road Closure — Via Avenue Bridge • Fiscal Impact: None ■ Recommendation Council approve a request for the temporary closure of the Via Avenue Bridge for a guard railing replacement project, exact dates to be determined [Public Works] CC Minutes 08/12/08 Page 5 of 11 Approved as Amended October 14, 2008 11 Temporary Road Closure — Calvary Chapel of Atascadero ■ Fiscal Impact: None ■ Recommendation. Council approve a request by Calvary Chapel of Atascadero for the closure of Palma Avenue from East Mall to West Mall from 5 00 p m Friday, September 12th to 10 00 p m Saturday, September 13th for an event in the Sunken Gardens 12. North County Transit Operator's Agreement ■ Fiscal Impact: $35,000 per year to be programmed from region-wide FTA 5307 funds for administrative overhead ■ Recommendation. Council approve the attached Operator's Agreement between the San Luis Obispo Council of Governments, the County of San Luis Obispo, the San Luis Obispo Regional Transit Authority (RTA) and the Cities of Atascadero and Paso Robles [Public Works] 13.Pump Repair Services ■ Fiscal Impact: The costs of Pump Repair Services are billed directly to previously allocated equipment repair accounts ■ Recommendations. Council authorize the City Manager to enter into ongoing contracts, when needed, for contract pump repair services with the following providers Perry's Electric Motor's & Controls Santa Maria Tool, Inc Nickson's Machine Shop, Inc PC Mechanical Inc [Public Works] MOTION By Council Member Luna and seconded by Mayor Pro Tem Beraud to approve Items A-1 through A-13 on the Consent Calendar Motion passed 5.0 by a roll-call vote. (A-7 Contract No. 2008- 0213, A-8. Resolution No. 2008-056, A-9 Resolution No. 2008- 057, and A-12- Contract No. 2008-022) COMMUNITY FORUM Marty Brown, thanked local organizations for making Stadium Park a jewel in Atascadero, and requested more trash receptacles for Stadium Park due to excessive trash Steve Martin, Colony Days Committee Chair, invited everyone to attend the 35th Annual Colony Days on October 18 Joan O'Keefe expressed concern at the lack of progress on the Printery Building and concerns that Kelly Gearhart is not going to honor his obligations David Broadwater commended the City Clerk on the change in the Consent Calendar description on the Council agendas Mr Broadwater also reiterated concerns as to Stadium Park's trail bench in disrepair and trash strewn across the trail CC Minutes 08/12/08 Page 6 of 11 Approved as Amended October 14, 2008 Maria Hooper expressed her concerns with the Printery and encouraged the Council to consider mothballing the building as requested by the Historical Society Jim Shannon asked what the status is on the traffic problem at the intersection of Curbaril and the freeway off ramp and the stop signs that the City was going to install at this location Mr Shannon also asked Mayor Brennler what he meant when he said on the Dave Congalton radio show that Wade McKinney needs to be looking for a new job He asked him not to continue with the hatred and bitterness and move forward Lee Perkins asked when the next strategic planning session is scheduled or whether it has been replaced by other types of meetings Ms Perkins read an article on Wal-Mart and the Minnesota Labor Law trial from the Bloomington News of July 2, 2008 Joanne Main, Atascadero Chamber, stated that the Chamber is hosting Empower Hour on August 19, 2008, at 7 30 a.m at the Carlton and the topic will be the Santa Margarita Ranch, and she announced the Chamber Open house Thursday, August 21, 2008, from 5 30 — 7 30 pm Ms Main invited the community to the last Tuesday in the Park BBQs in the Park. Tino Santos thanked Mr Luna for service to the City Mr Santos thanked Wal-Mart for his t-shirt and for creating jobs and opportunities, and stated we need cooperation for Atascadero's bright future Nora Trentacosta stated we need to protect local revenue and consider Measure D-08 on November's ballot. Tom McGee thanked the Police Department for continued drive-bys of his business Mr McGee complained that the bus stop in front of his business has no trash can and he has to pick up the trash every morning Chris Cobalt stated the San Jacinto repaving project has resulted in a "lake" in front of his home Mr Cobalt stated no notices were given as to when the road would be accessible which caused excess time to reroute Mayor Brennler closed the Public Comment period. Mayor Brennler asked the City Manager to comment in regard to Marty Brown's and Mr Broadwater's concerns over Stadium Park. City Manager Wade McKinney indicated he would follow up with Public Works Mayor Brennler addressed Joan O'Keefe's questions regarding the Printery and stated the Printery was discussed in Closed Session Mayor Brennler stated the City Council is not in a position to discuss this issue at this time, but indicated the City is taking steps to try to resolve some of the Printery issues Council Member Clay asked if we could relay that the City is looking at all options, and Mayor Brennler stated that was an appropriate comment. CC Minutes 08/12/08 Page 7 of 11 Approved as Amended October 14, 2008 Mayor Brennler asked the City Manager to address the questions concerning the Printery City Manager Wade McKinney stated they have directed the property owner to mothball the building and the City is looking at a variety of alternatives to insure mothballing or improvements to the building He explained that if the present owner sells, all the conditions would transfer with the sale Mayor Brennler asked the City Manager to address the questions concerning the Curbaril intersection with the freeway City Manager Wade McKinney noted that the design and plans have been submitted to Caltrans and they have not been approved at this time Mayor Brennler noted Mr McGee's request for a trash can at the bus stop in front of his business City Manger Wade McKinney stated he would follow up on this issue Mayor Brennler noted Mr Cobalt `s issue of drainage on San Jacinto Staff indicated the streets in that area are not city-maintained roads Mayor Brennler asked Mr Cobalt to submit his complaint in writing to the City for a response Mayor Brennler stated Mr Shannon raised the issue of some comments he claimed Mayor Brennler had made on the Dave Congalton Radio Show Mayor Brennler stated the comments were made by Council Candidate Bob Kelley Mayor Brennler closed the Community Forum and recessed the meeting at 8:07 p.m. Mayor Brennler called the meeting back to order at 8:15 p.m. B PUBLIC HEARINGS 1 Confirming the Cost of Vegetative Growth and/or Refuse Abatement ■ Disclosure of Ex Parte Communications ■ Fiscal Impact: The City will receive $155,887 00 from the 2008/2009 property tax rolls in weed abatement/ refuse abatement assessments ■ Recommendation. Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire] Fire Chief Kurt Stone gave the staff report and answered questions of Council PUBLIC COMMENT - None Mayor Brennler closed the Public Comment period. EXPARTE COMMUNICATIONS - None MOTION By Council Member Luna and seconded by Council Member O'Malley to adopt the Draft Resolution confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. CC Minutes 08/12/08 Page 8 of 11 Approved as Amended October 14, 2008 Motion passed 5.0 on a roll-call vote. (Resolution No. 2008- 058) am C MANAGEMENT REPORTS 1 Campaign Finance Ordinances and Related Issues ■ Fiscal Impact: Contingent on the direction from Council [City Attorney] City Attorney Brian Pierik reminded the Council that he gave the staff report for this issue at their last meeting, and due to the late hour, the item was continued to tonight Mr Pierik explained that a supplemental report had been distributed for tonight's meeting (Exhibit A) He then answered questions of Council City Clerk Marcia McClure Torgerson stated there has been conflicting information from the State and other agencies that have caused her to hesitate on posting the Form 460s on the City's website Since 2004, she has created a binder during the election season of all the 460s, and made it available at the front counter for the public to access Ms Torgerson stated that after further research, she has decided to redact all personal information on the Form 460s, and post them on the City's website, which has been completed The City Clerk answered questions of Council PUBLIC COMMENT rr Dave Broadwater referenced the letter he provided to the Council today asking to have it placed in the record of tonight's meeting Mr Broadwater's letter listed his recommendations to the Council concerning this issue He encouraged the Council to support campaign finance reform (Exhibit B) Joan O'Keefe stated posting Form 460s on web is a very positive action and will assist the City Clerk to provide the public with information Mark Phillips thanked staff for putting the Form 460s on line He stated that he is unclear why the appearance of corruption would be a viable purpose for your findings He stated that he agrees with Mr Broadwater's suggestions on late reporting, and he feels the Council should just state whether an applicant before them has made a contribution to them Lee Perkins applauded the City Clerk on getting 460s online Ms Perkins called the Council's attention to Mark Phillips' presentations over the last few elections, which may not have been malfeasance but is certainly a serious concern Marty Brown commended the City Clerk in her positive step in posting contributions on the City's website Jim Shannon stated this comes down to ethics and money, and he does not feel that reporting contributions matters, and is concerned over cost of investigating to the City CC Minutes 08/12/08 Page 9 of 11 Approved as Amended October 14, 2008 Tom McGee stated the word "transparencies" is the new hot word, and he feels the real reason behind this change is not to control campaign financing, but an attempt to block City Councils in the name of increased or enhanced transparencies Mr McGee feels this should not be acted on so close to the next election Nora Trentacosta thanked the City Clerk for all her work on this issue Ms Trentacosta said that this Council has not risen to the challenge of creating standards of ethics, so voluntary declarations and codes of ethics do not seem sufficient; however, there needs to be consequences for not following through, especially disclosure during meetings and late campaign contribution reports post election Tino Santos stated either you are honest or not, as cash cannot be tracked Roberta Fonzi stated she is concerned about the findings and hopes Council will be very careful not to bring us into legal jeopardy in making these findings Ms Fonzi was concerned about the limit on contributions but not on expenditures, and stated that by limiting expenditures, we make sure the little guy also has a chance to compete and maybe a monetary amount on the hours of volunteering could also be limited Ms Fonzi hoped reporting requirements are not made too onerous Joanne Main with the Atascadero Chamber, stated we need to create findings in order to enact campaign reform, and does not want to put our City at risk by rushing to make findings before we have some of the answers Mayor Brennler closed the Public Comment period. Discussion was held by Council and questions were answered by City Attorney Brian Pierik and City Clerk/Assistant to the City Manager Marcia Torgerson A majority of the Council directed the City Attorney Brian Pierik to bring back to the Council an action item, and Mayor Pro Tem Beraud restated the four items as follows (1) Voluntary expenditure limits with incentives at 50 cents per person (or whatever he finds from his research), (2) late contributions -- reducing reporting amounts from $1,000 to $250, (3) ex parte disclosure of over $250 in contributions to a Council Member when a matter comes before the City Council for action by an applicant; and (4) expand 460s on the web to include mid-year filings, and bring this issue back to Council as a draft ordinance with options. Mayor Brennler recessed the meeting at 10:15 p.m. Mayor Brennler called the meeting back to order at 10:25 p.m. 2. Dormant Building Permit Applications and Unpaid Plan Check Fees Update — Potential Time Extension Program ■ Fiscal Impact: Collection of unpaid plan check fees is estimated to provide a financial benefit to the City of approximately $150,000±. • Recommendation Council direct staff to prepare a Title 8 code text amendment to retroactively extend dormant and expired single family residential, multi-family residential, industrial, and commercial building CC Minutes 08/12/08 Page 10 of 11 Approved as Amended October 14, 2008 permit applications to December 31, 2009, once all outstanding, unpaid plan check fees have been paid [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT - None Mayor Brennler closed the Public Comment period. MOTION By Council Member Clay and seconded by Council Member O'Malley to direct staff to prepare a Title 8 Code Text Amendment to retroactively extend dormant and expired single family residential, multi-family residential, industrial, and commercial building permit applications to June 30, 2010, once all outstanding, unpaid plan check fees have been paid Motion passed 5.0 on roll-call vote. ADJOURNMENT MOTION By Council Member Clay seconded by Council Member O'Malley to adjourn due to the time being close to 11 p.m Motion passes 3.2 on a roll-call vote. (Mayor Pro Tem Beraud and Mayor Brennler opposed.) The meeting was adjourned at 10 55 p m MINUTES PREPARED BY Susanne Curtis Anshen, Deputy City Clerk The following exhibits are available for review in the City Clerk's office Exhibit A— Supplement Report of City Attorney Brian Pierik on Campaign Finances Reform Exhibit B Letter from David Broadwater, dated 8/12/08 iYrr CC Minutes 08/12/08 Page 11 of 11