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HomeMy WebLinkAboutMinutes 101408 Approved November 25, 2008 �.o aspFr-FFT, x CITY OF A TA SCA DERO s91`s , 11979 CITY COUNCIL MINUTES Tuesday, October 14, 2008 CITY COUNCIL CLOSED SESSION 5 30 P M 1 Public Comment— Closed Session None 2 Call to Order Mayor Brennler called the meeting to order at 5 30 p m 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. ADJOURNMENT Mayor Brender adjourned the Closed Session of the City Council at 5 55 p m to the regular meeting of the City Council CLOSED SESSION REPORT City Attorney Brian Pierik announced there were no reportable actions taken. CC Minutes 10/14/2008 Page 1 of 13 Approved November 25, 2008 CITY COUNCIL REGULAR SESSION Mayor Brennler called the meeting to order at 6 00 p m and Council Member Luna led the Pledge of Allegiance ROLL CALL. Present: Council Members Luna, Clay, O'Malley, Mayor Pro Tem 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, Community Services Director Brady Cherry, Deputy Director of Public Works Geoff English, Police Chief Jim Mulhall, Deputy Public Works Director David Athey, and City Attorney Brian Pierik. APPROVAL OF AGENDA. MOTION By Mayor Pro Tem Beraud and seconded by Council Member Luna to move Council Announcements and Reports to immediately after the Community Forum and move Item No C-4 to the C-1 position on the agenda. Council held discussion on which items were going to be discussed from the Council Announcements and Reports and City Attorney Brian Pierik questioned if the De Anza issue was to be moved up as well as the report on Measure D-08 Mayor Pro Tem Beraud stated it was cleaner to move all of Council Announcements and Reports up to just after Community Forum PUBLIC COMMENT David Broadwater pointed out the Brown Act allows the public to comment on the order of the agenda and stated that although he has a comment on the agenda order, he will wait to hear the Council's decision City Attorney Brian Pierik stated the paragraph read by Mr Broadwater did not refer to changing the order of the agenda, but rather that public comment is allowed on items on the agenda. om CC Minutes 10/14/2008 Page 2 of 13 Approved November 25, 2008 Mayor Brennler called for the motion MOTION By Mayor Pro Tem Beraud and seconded by Council Member am Luna to move Council Announcements and Reports to immediately after the Community Forum and move Item No C- 4 to the C-1 position on the agenda. Motion passes 5.0 on a roll-call vote. PRESENTATIONS Energy Conservation Presentation and Pledge Signing Natalie Schaeffer, Director of Paso Robles Children's Museum, provided the City Council with a presentation on their grant project on saving energy and handed out a flyer (Exhibit A) A. CONSENT CALENDAR 1 City Council Draft Special Meeting Minutes —June 26, 2008 ■ Recommendation. Council approve the City Council Special Meeting Minutes of June 26, 2008 [City Clerk] 2. City Council Draft Minutes —July 8, 2008 ■ Recommendation Council approve the City Council Meeting Minutes of am July 8, 2008 [City Clerk] 3. City Council Draft Minutes — August 12, 2008 ■ Recommendation. Council approve the City Council Meeting Minutes of August 12, 2008 [City Clerk] Council Member O'Malley asked for clarification of the use of the word "consensus" in the minutes Specifically, in the August 12, 2008 minutes, where the Council directs staff to take action, but where no actual vote is taken, he is asking if the word "consensus" means majority or unanimous City Clerk / Assistant to the City Manager Marcia McClure Torgerson stated after referencing three separate dictionaries, the word "consensus" is defined as "all or most", or "a majority " Ms Torgerson also said that she currently does not list in the minutes who was not in agreement. City Attorney Brian Pierik suggested that when the Council asks if they have consensus, and if there is consensus with any opposed Council Member, it should be handled with a motion for the formal record, if, however, the Mayor asks if there is consensus and no one speaks against it, you can assume it was unanimous CC Minutes 10/14/2008 Page 3 of 13 Approved November 25, 2008 The City Council unanimously agreed that in the future, when there are directions provided to staff and it is not unanimous, the Council will then proceed to a om formal vote. MOTION By Council Member O'Malley and seconded by Council Member Luna to approve the Consent Calendar Motion passes 5.0 on a roll-call vote. COMMUNITY FORUM Rick Compton, Pastor, offered a prayer Joan O'Keefe spoke on her difficulty obtaining records on the Gaughn lawsuit. Lee Perkins stated "Yes on D-08" signs are being removed and destroyed David Broadwater spoke of his dismay over people making disparaging remarks about other citizens Icey Hagedorn spoke in favor of the Walmart project and wanted all candidates to state whether or not they favored Walmart coming to Atascadero Joanne Main, Atascadero Chamber of Commerce, stated that someone is claiming to be selling official City maps The Chamber has just published the official City map as part of their contract with City She also said that the Chamber will sponsor a Colony Days Mixer this Thursday at Rabobank at 5 30 p m , a Marketing Seminar on October 23, 2008, and the Empower Hour on the Solar Energy Development at Carrizo Plains on October 21, 2008 Ann Ketcherside spoke on backgrounds of the incumbents, campaign signs on City property, and asked for rules where signs are allowed She further stated that she is disturbed that the Council is discussing moving the public forum on the agenda. Jim Shannon reiterated his concern about the lack of stop signs at Curbaril and Highway 101 He also requested updates on the Highways 41 and 101 interchange, the Council's request for a report on the Chamber reports, the Council's purchase of property at Highway 41 and Cemetery Road, and how much money has been spent on campaign finance reform Bruce Bivens, Vision Atascadero, Buy Local Art, suggested citizens visit their website www.visionatascadero.com to find out more about local artists He gave the Council a brochure (Exhibit B) CC Minutes 10/14/2008 Page 4 of 13 Approved November 25, 2008 Tom Comar, Yes on D-08 Committee, spoke about his concern that because the amendment to the General Plan is currently on hold, Walmart could come back with a larger store and get it approved Mr Comar also stated his group was denied permission to march in the Colony Days parade, and wanted to know if other political groups were denied Maria Hooper spoke about the City's brochure which lists the Printery as on the National Registry of Historic Places, and her concerned the building was turned over to a developer who is not going to restore it. Pam Heatherington stated she is running for City Council, and spoke on the down- turned national economy and the need for fortifying our local economy and keeping local economic resources in Atascadero Tino Santos reminded everyone to vote, expressed concern about mistrust and anger in this town, spoke in favor of Joanne Main, Chamber Director, and his concern about those removing political signs Angela Ramsey said they she enjoyed attending the Paso Robles Pioneer Day Parade and the activities after the parade in Paso Robles, and her concern over Atascadero's downtown deterioration and lack of activities and entertainment for families Mayor Brennler Closed the Public Forum. City Council and City staff answered questions posed by the pubic during Community Forum City Clerk / Assistant City Manager Marcia McClure Torgerson stated the records Joan O'Keefe requested were those owned by the CJPIA, the insurance pool, which are not public documents, and the files the City does have, have been provided to Ms O'Keefe City Attorney Brian Pierik confirmed Mayor Brennler's statement that CJPIA is not an agent of the City Mayor Brennler asked Lee Perkins to provide the Police Department with any information on the destruction or theft of political signs City Clerk / Assistant City Manager Marcia McClure Torgerson stated there have been several reports on political sign thefts, and many were found on the high school's baseball field As for signs on public property, the City Clerk is unaware of any on public property, however, she will investigate any reports Mayor Brennler asked City Manager Wade McKinney about the progress on Curbaril and Highway 101 stop signs, to which Mr McKinney stated Caltrans indicated there are minor modifications the City needs to make to the plans, however, staff will provide a timeline for City Council CC Minutes 10/14/2008 Page 5 of 13 Approved November 25, 2008 Mayor Brennler addressed Maria Hooper's concern on the Printery Community Development Director Warren Frace stated staff is working on a report for the City Council on our legal options because the developer is not in moving to protect the building Council Member Luna stated the public has also asked about the status of the Highway 41 and 101 interchange progress Deputy Director of Public Works Geoff English stated currently there are large amounts of soil being used to compact the earth so there are no future settling problems, but will get back to the City Council on a completion date COUNCIL ANNOUNCEMENTS AND REPORTS Mayor Brennler asked for an update on the Colony Square project City Manager Wade McKinney reported that Colony Square is a privately-owned project and they are in control of moving ahead City Manager Wade McKinney stated the owners are currently redesigning the theater building to make a portion one-story instead of two- story, and City staff has met with the architect. 1 Mayor Mike Brennler a. De Anza Project Bridges — Mayor Brennler requests Council review of the permitting issues related to these bridges Mayor Brennler asked staff to address several issues in regard to outstanding fees not yet collected on the De Anza Bridge project. City Manager Wade McKinney, City Attorney Brian Pierik, Deputy Public Works Director Geoff English, and Community Development Director Warren Frace, answered questions of the Mayor and City Council Members and information provided in a memorandum to the City Council (Exhibit C) PUBLIC COMMENT Joan O'Keefe stated that the tracking system of Public Works was not as sophisticated as that used by the Community Development Department, and the Ohio Bridge Company provided the developer with a report, but the City did not get a copy and the City should require a copy Joan O'Keefe stated her understanding is that the bonds on this project are no longer valid Jim Shannon commented this issue is personal on the part of Mayor Brennler against Mr Gearhart. Mayor Brennler closed the Public Comment Period. CC Minutes 10/14/2008 Page 6 of 13 Approved November 25, 2008 City Clerk / Assistant City Manager Marcia McClure Torgerson stated the Supplemental Memo dated October 13, 2008, is on the City's website under the City Council Agenda ow Items and is listed above "All Staff Reports " b Ballot Measure D-08 Mayor Brennler requests Council consideration and/or action to allow Ballot Measure D-08 spokesperson to be allowed to make a 10-minute presentation at the Candidate Final Word Forum scheduled for November 1, 2008 City Manager Wade McKinney, referred to a Memorandum from City Attorney Brian Pierik dated October 10, 2008, (Exhibit D) which stated it would be inadvisable for the City Council or the City to promote a forum on a ballot measure, and answered questions of the City Council, along with the City Attorney Brian Pierik and City Clerk / Assistant City Manager Marcia McClure Torgerson City Attorney Brian Pierik stated City participation in ballot measure campaigns would go against court rulings that government cannot use public funds to take sides in a campaign Mr Pierik warned that there is a risk involved in merely attempting to make the forum informational rather than one of advocacy, and the City could be opened to civil and criminal consequences for public officials and employees for misuse of public funds PUBLIC COMMENT Len Colamarino, candidate for City Council, voiced concern that the City would not be able to sponsor a forum that would not result in campaigning rather than information only Tom Comar, from Yes on D08, expressed concern over false statements and the need for the public to have clarification on the issue David Broadwater spoke about the League of California Cities' information in the memorandum provided by City Attorney Brian Pierik (Exhibit D) in that is does not discuss ballot or candidate forums and only discusses the distribution of information, and that the present City Council can vote for or against Measure D-08 and can hold a rally on City property Mark Phillips questioned whether the City could not be just as liable if it uses City funding to put on the Candidates' Forum, and citizens should have a right to discuss issues in open forums Mike Jackson suggested the City Attorney was hired by the City and we need to respect his view; and because the Oppose Walmart is a legal pact with plenty of funding, they also flew under the radar for many years supporting candidates and funding mailings 00 CC Minutes 10/14/2008 Page 7 of 13 Approved November 25, 2008 Bob Wilkins spoke on the Tribune forum and the opinion of the Tribune (newspaper article on October 12, 2008, Opinion Section) (Exhibit E), and will provide it to the City Clerk to put on the City's website and asked it be included for the public record Lee Perkins asked for respect in the room as she is hearing remarks and laughter Ms Perkins stated it is a travesty that Measure D-08 has been boycotted from the first City- sponsored forum as shutting out information on the measure denies full transparency and disclosure Jim Shannon stated it is not the job of City to educate the public on issues Tino Santos urged Measure D-08 be included in the public forums Jolene Horn expressed concerned that the City Attorney and City Clerk's opinion that this would be questionable should even need to be discussed, and we should respect their opinions The forum is for candidates and this ballot issue is taking up too much time Ted Jacobson stated his concern about the City wasting City Council time on this issue, and the City Attorney and City Clerk's advice should be followed Joanne Main, Atascadero Chamber of Commerce, stated the Chamber's forum can be viewed on www.slo-span.org.as well as on Channel 21, and the Oppose Walmart group also held a forum that will be playing on Channel 21 Ms Main stated she does not feel any Candidates' Forum would be able to skirt Measure D-08 discussion Sandy Silvera stated the City Attorney and the City Clerk's advice should be taken and a City-funded forum is not advisable and could expose the City to a lawsuit. Bruce Bivens expressed concerned why Walmart will not come out to debate this issue and feels the candidates' forum may not be the place, but does not feel it is illegal Pam Heatherington questioned City Attorney Brian Pierik to clarify the difference in having the D-08, both pros and con, at the next forum as opposed to the comments that are made, say, in the last forum that was substantially directed towards D-08 Mayor Brennler closed Public Comment Period. City Clerk / Assistant City Manager Marcia McClure Torgerson stated the City's forum was different from the Chamber's forum, and the purpose was to help the public familiarize themselves with the candidates The City's forum questions were general, and the candidates were not asked specifically how they would vote on the ballot measure City Attorney Brian Pierik stated when candidates are speaking on issues, the public is receiving information with regard to that candidate's position on issues It is not unusual waw CC Minutes 10/14/2008 Page 8 of 13 Approved November 25, 2008 for cities to sponsor forums for council candidates to present their positions on the issues Mr Pierik could not find a City in the state that had sponsored a forum on a ballot measure In response to Mr Broadwater's questions on the League paper, City Attorney Brian Pierik stated the League paper specifically answers the question on a ballot measure and whether a city can sponsor a forum under footnote No 3, the Stanson case, which states, "Governmental agency cannot spend public funds for a partisan campaign advocating the passage or defeat of a ballot measure " MOTION By Council Member O'Malley seconded by Council Member Clay to abide by the recommendations of City Attorney Brian Pierik and City Clerk / Assistant City Manager Marcia McClure Torgerson not to include Ballot Measure D08 in the Candidates' Forum on November 1, 2008. Motion passes 3.2 on a roll-call vote. (Bdraud and Brennler opposed.) Mayor Brennler recessed the hearing at 8.37 p.m. Mayor Brennler called the meeting back to order at 8 55 p.m. ow B PUBLIC HEARINGS None C MANAGEMENT REPORTS 4. Atascadero Lake Park Great Lawn Installation ■ Fiscal Impact: Approval of this recommendation will result in the expenditure of approximately $35,000 in previously allocated to the Lake Park Frontage improvement project. ■ Recommendations. Council 1 Approve an amendment to the permit for the Atascadero Veterans Memorial project to allow for landscaping modifications, and, 2 Authorize the expenditure of up to $35,000 of the previously allocated Lake Park Frontage Improvement project funds for purposes of installing the Great Lawn at Atascadero Lake Park; and, 3 Approve the reduction of approximately 22,000 square foot of low-use, non-essential lawn area at other City maintained facilities and/or lowered maintenance service levels in City Parks Community Services Director Brady Cherry gave the staff report and Community Services Director Brady Cherry and Interim Public Works Director Geoff English answered questions of the City Council CC Minutes 10/14/2008 Page 9 of 13 Approved November 25, 2008 PUBLIC COMMENT Col Bill Hatch, Veterans' Memorial Foundation, urged support for the Veterans' Memorial as it will be a tremendous addition to the City, and under the Memorial Agreement signed by the City, the City is responsible for the cost of all utilities and maintenance of trees, scrubs or lawn planted by the Foundation at the Memorial Joan O'Keefe stated the City should be sending a message about drought tolerant landscaping, this issue should have been dealt with six months ago, and this should not be an urgency issue Jim Shannon urged all Council Members to vote in favor of this as this dedication will be a day of pride for Atascadero citizens, and people will be coming to Atascadero to see the Memorial Ann Hatch, Secretary for the Veterans' Memorial, expressed appreciation to those who have invested time and money into this memorial and asked them to stand Tim Haley quoted George Washington's statement about appreciating veterans, and is concerned over the road blocks encountered to putting in this memorial Chuck Ward recounted the original conversation with Bill Hatch that set in motion the memorial project, and expressed his appreciation for all the community support for the memorial, and the City will be judged by the priority it places on this project. Karyn Sturtevant expressed support for the Veterans' Memorial for all the veterans Al Fonzi, Vice Chair of the Veterans' Memorial Foundation, stated they were first informed that there was a problem with sod last week, and would have brought this to Council six months ago had they known The community has been overwhelmingly supportive of this project. Sandy Silvera expressed her appreciation from her family of veterans and stated the memorial will draw hundreds of thousands of people to Atascadero David Broadwater said he supports the memorial, however, because there will need to be a loss of grass turf in other areas of the City, he feels it is unfortunate the public is unaware of where those lost-turf areas will be located Tommy Lorendo stated he spent 21 years in the Marine Corps and urged the Council to act to approve this lawn Icey Hagedorn expressed her support for this project as this will be a wonderful asset to this City and it needs to be a beautiful tribute CC Minutes 10/14/2008 Page 10 of 13 Approved November 25, 2008 Priscilla Jane urged the Council to get it done Ann Hatch stated she received calls from people seeking hotel reservations for that date Wayne Gretter, a volunteer, purchased bricks for his sons, and has volunteered on this project as a way of service Col Bill Hatch stated the sale of the bricks will continue to help fund scholarships and improvements Mayor Brennler closed the Public Comment Period. MOTION By Council Member Luna and seconded by Council Member Clay to (a) Approve an amendment to the permit for the Atascadero Veterans Memorial project to allow for landscaping modifications, and, (b)Authorize the expenditure of up to $35,000 of the previously allocated Lake Park Frontage Improvement project funds for purposes of installing the Great Lawn at Atascadero Lake Park; and, (c) Approve the reduction of approximately 22,000 square foot of low-use, non-essential lawn area at other City maintained facilities and/or lowered maintenance service levels in City Parks. Motion passes 5.0 on a roll-call vote. Mayor Brennler recessed the hearing at 9.50 p.m. Mayor Brennler called the meeting back to order at 10.10 p.m. C MANAGEMENT REPORTS (Continued) 1 Central Coast Regional Water Quality Control Board - Basin Plan Septic System Amendments ■ Fiscal Impact: If Council chooses to comment on the basin plan, there will be a commitment of staff time, however no additional funding will be required The total costs for compliance with the Basin Plan requirements are unknown at this time Total and ongoing costs will depend on the level of detail required in our Onsite Wastewater Management Plan The City does have the option to forgo regulation of septic systems in Atascadero by not signing a MOU with the Regional Board Regulation of septic systems would revert back to the Regional Board This means that this option would have to be carefully weighed vs the benefit of being able to regulate septic systems locally t.. CC Minutes 10/14/2008 Page 11 of 13 Approved November 25, 2008 ■ Recommendation. Council direct Staff to provide the State Water Board with comments on Staff's analysis of the Central Coast Regional Water Quality Control Board's Septic System Basin Plan amendments Deputy Public Works Director David Athey gave the staff report and answered the questions of the City Council, and made reference to the "Agenda for California Regional Water Resources Control Board — Central Coast Region, for November 14, 2008, for a California Environmental Quality Act (CEQA) Scoping Meeting and Public Workshop" (Exhibit F) PUBLIC COMMENT. Glenn Horn stated his concern for the RWQCB's disregard for the rural portions of the state and that the board has only seven seats filled on a nine-member board with too much control over local issues Suzie Anderson stated the Basin Plan is based on ideology, and not science, and was adopted on May 9, 2008, without residents on septic systems being notified of the hearing The state's Basin Plan will make our property worth less Frank Henderson, a local architect for 30 years, urged Council to give David Athey authority to develop this plan and then allow us to ask questions Jolene Horn stated she was not notified of the RWQCB meeting on May 9, 2008, and up until this afternoon, this was to be heard in Sacramento on November 18, 2008 She asked when our City will hold a public-comment period Mike Jackson stated there are too many questions and to put it all on David Athey to answer is unreasonable He urged the City to push this back to get some answers first. Roberta Fonzi stated we were all caught unaware in May and still have not received the answers to our questions to this unfunded mandate from the State Ms Fonzi urged the Council to postpone the MOU and have staff research options that are available Mayor Brennler closed the Public Comment Period. Deputy Public Works Directors David Athey and Geoff English and City Manager Wade McKinney answered questions of the Council Members as to what would be included, lot size, impact to development, the need for public workshops, why basis is on lot size rather than geology, and what other cities are implementing Council Member Luna advised the City Council that the time is almost 11 00 p m and in order to continue the meeting, he would make a motion to continue CC Minutes 10/14/2008 Page 12 of 13 Approved November 25, 2008 MOTION By Council Member Luna and seconded by Mayor Pro Tem Beraud to continue the meeting past 11 00 p m. to go past ""' 11 00 P.M Motion passed 3.2 on a roll-call vote. (Clay and O'Malley opposed ) MOTION By Council Member Luna seconded by Mayor Pro Tem Beraud to Council direct Staff to provide the State Water Board with comments on Staff's analysis of the Central Coast Regional Water Quality Control Board's Septic System Basin Plan amendments and include public workshops. Motion passed 5.0 on a roll-call vote. MOTION By Council Member Clay seconded by Council Member O'Malley to adjourn Motion passed 3.2 on a roll-call vote. (Luna and Beraud opposed) F ADJOURNMENT The meeting was adjourned at 11 10 p m to the next regularly scheduled meeting of the City Council is on October 28, 2008. MINUTES PREPARED BY Susanne Curtis Anshen, Deputy City Clerk The following exhibits are available for review in the City Clerk s office Exhibit A Flier from the Paso Robles Children's Museum listing benchmarks and programs. Exhibit B Flier from www visit Atascadero.com on local artists and availability of purchasing their art. Exhibit C City of Atascadero Memorandum dated October 10 2008,and provided to City Council October 13 2008 from Interim Public Works Director Geoff English on the DeAnza Estates Bridges. Exhibit D City of Atascadero Memorandum dated October 9 2008 from City Attorney Brian Pierik on Ballot Measure Advocacy and Legal Issues of City Participation in Campaign Forums Exhibit E—Copy of Tribune News Opinion article on Measure D08, October 12 2008 Exhibit F—Agenda for California Regional Water Resources Control Board—Central Coast Region,for November 14 2008,for a California Environmental Quality Act(CEQA) Scoping Meeting and Public Workshop am CC Minutes 10/14/2008 Page 13 of 13