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HomeMy WebLinkAboutMinutes 102808 Approved December 9, 2008 r F. r CITY OF ATASCADERO i�9Ys{_ r `' , x979 LCITY COUNCIL y . CAD ERo�. MINUTES Tuesday, October 28, 2008 CITY COUNCIL REGULAR SESSION Mayor Brennler called the meeting to order at 6 12 p m and led the Pledge of Allegiance ROLL CALL. Present: Council Members Clay, Luna, 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: Assistant City Manager Jim Lewis, City Attorney Brian Pierik, Community Development Director Warren Frace, Administrative Services Director Rachelle Rickard, and Police Chief Jim Mulhall APPROVAL OF AGENDA. MOTION By Council Member Luna and seconded by Mayor Pro Tem Beraud to approve the agenda. Motion passed 5.0 on a roll-call vote. W.. CC Minutes 10/28/08 Page 1 of 13 Approved December 9, 2008 CONSENT CALENDAR wr 1 City Council Draft Minutes — September 9, 2008 ■ Recommendation. Council approve the City Council Special Meeting Minutes of September 9, 2008 [City Clerk] 2. City Council Draft Minutes — September 23, 2008 ■ Recommendation. Council approve the City Council Meeting Minutes of September 23, 2008 [City Clerk] 3. Qualified Firms List - Engineering Services ■ Fiscal Impact: The costs of Engineering Services are billed directly to the capital project accounts ■ Recommendation. Council authorize the City Manager to enter into ongoing contracts for contract engineering services with firms on the "General Engineering Services Qualified Firms List." [Public Works] 4 Consideration of Request from the Atascadero Main Street (AMS) - Permission to Install Brackets and Banners in the Downtown ■ Fiscal Impact: None ■ Recommendations. Council 1 Approve the request from Atascadero Main Street (AMS) to grant them permission to install brackets and banners on the streetlight poles in MW the Downtown in the locations designated on the attached map, and, 2 Direct staff to have the Community Redevelopment Agency of Atascadero pay the required fee for the Administrative Use Permit. [City Manager] 5 Temporary Road Closure — Atascadero Main Street - Winter Wonderland ■ Fiscal Impact: $220 00 for the installation of Road Closed signs by Public Works Staff ■ Recommendation. Council approve a request by Atascadero Main Street for road closures for Winter Wonderland on December 12, 2008 [Public Works] Item No. A-4 was pulled from the Consent Calendar by Council Member O'Malley for discussion. MOTION By Council Member Luna seconded by Council Member Clay to approve Items A-1 through A-3, and Item A-5 of the Consent Calendar Motion passes 5.0 on a roll-call vote. CC Minutes 10/28/08 Page 2 of 13 Approved December 9, 2008 Item #A-4 Council Member O'Malley suggested we amend the recommendation to include all streets not covered under the Chamber of Commerce contract within the Main Street district at Main Street's discretion, so, if in the future, they have additional funding, they will be able to expand the banner program Steve Martin, Executive Director of the Atascadero Main Street, indicated his agreement with Council Member O'Malley's amendment providing them the ability to complete the additional streets within the district when they have additional funding without having to return to the City Council for approval City Clerk / Assistant City Manager Marcia McClure Torgerson answered questions of the City Council and assured the City Council that Main Street is solely funding this project. PUBLIC COMMENT None MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Beraud to (1) Approve the request from Atascadero Main Street (AMS) to grant them permission to install brackets and banners on the streetlight poles to include all streets not covered under the Chamber of Commerce contract within the Main Street am district at Main Street's discretion, and (2) Direct staff to have the Community Redevelopment Agency of Atascadero pay the required fee for the Administrative Use Permit. Motion passes 5.0 on a roll-call vote. COMMUNITY FORUM Joan O'Keefe spoke on the depositions in the Gaughn v City of Atascadero matter, and her continued difficulty in obtaining all the information she has been requesting Ms O'Keefe expressed her concern with the way this matter was handled by the City Steve Martin spoke on the joint efforts of the Redevelopment Agency and Main Street as well as Main Street's long term goals Jim Shannon asked why the City purchased the property on Highway 41 and Cemetery Road, what has the campaign finance reform cost the City; and has the City budgeted for the trail program wr. CC Minutes 10/28/08 Page 3 of 13 Approved December 9, 2008 George Schroff spoke of looking forward to the election, the defeat of Measure D-08, the forthcoming EIR report on Walmart, and recognized Mayor Brennler and Council VAM Member George Luna for their service to the City Frank Henderson spoke on the current City policy on storm water drainage, the excessive requirements to a person who only wants to add 10 feet to a bedroom on an existing home, and why there are no exceptions to the policy when the same requirements are not applied to WalMart or Rite Aid Joanne Main, Atascadero Chamber of Commerce, spoke about an anonymous letter sent to businesses displaying No on Measure D-08 signs and threatening never to shop with these stores again, and denounced the letters as an abomination The Chamber is sponsoring a healing breakfast after the election on Thursday, November 6, 2008, at 7 30 a.m , at Hoovers for only $10 featuring positive interactions for the future David Broadwater stated his concerns with the Chamber of Commerce reports received by the City and submitted his report on the matter He wants the City to require the Chamber to fulfill their obligations listed in their agreement with the City, including disclosing their expenditures (Exhibit A) Jolene Horn, read from an email from Michael Buckman, an environmental scientist in Sacramento, stating that a workshop is set for Wednesday, November 12, 2008, at 5 30 p m on the Basin Plan and how it will impact properties with septic systems (Exhibit B) Tino Santos spoke on the possible confusion between Proposition 8 and Measure D-08, and his belief Measure D-08 is unnecessary for Atascadero as the Fire Department and Police Department need to be funded by the money WalMart will bring into Atascadero Lee Perkins addressed a complaint from the Chamber on anonymous letters sent to businesses and expressed the Yes on D-08 Committee condemns anonymous letters Lee Perkins also stated her concern over the removal of Yes on D-08 signs, which is illegal and morally wrong On Colony Square, Lee Perkins asked if the permit has been picked up yet, and if City management is attempting to get a nice restaurant next to the new hotel at the south end of town Tom Comar, spokesperson for Yes on Measure D-08, stated the Tribune's support against Measure D-08 is not surprising, but as the Tribune admitted, Measure D-08 does not prevent a WalMart from opening, as the Measure allows a regular store or a SAM's Club store, and welcomes stores under 150,000 square feet. Steve LaSalle thanked Mike Brennler and George Luna for their public service Nora Trinacosta thanked Mike Brennler and George Luna for their service, spoke on the confusion on Measure D-08, stated the Associated Press has completed a study of many grocery chains testing smaller stores, and explained Measure D-08 does not CC Minutes 10/28/08 Page 4 of 13 Approved December 9, 2008 prevent WalMart in Atascadero and does not mean a grocery store cannot locate on the north side of town Im Mayor Brennler closed the Public Comment Period. Mayor Brennler acknowledged Joan O'Keefe's difficulty in obtaining documents from the City, and stated that he intends to release his report on his investigation into the City's handling of employee Marty Tracey, by end of week. Mayor Brennler discussed the purpose of purchasing the property at Highway 41 and Cemetery Road, which he indicated has been addressed, but asked Mr Shannon to give him a call to discuss it if he would like As for Mr Shannon's concern on the cost of the campaign finance reform, he suggested Mr Shannon call the City Clerk/Assistant to the City Manager, Marcia McClure Torgerson for more details on that cost Mayor Brennler addressed Mr Henderson's issue of a lack of flexibility on our policies for the storm water management issue Community Development Director Warren Frace indicated he would meet with Mr Henderson to see if there is something that can be worked out on this individual project. Council Member George Luna stated Mr Henderson's accusation that the council is not impacted is completely false, and they are often subject to greater scrutiny and when the Council passes a law, they are also subject to that law aw Council Member O'Malley stated he feels Joan O'Keefe's questions have been asked and answered and the personnel issue had been resolved and the community needs to move on He addressed Mr Shannon's question on the piece of land (Highway 41 and Cemetery Road) which is just a piece of open space, and he, too, wants to know what has been spent on campaign finance, and the cost for the trail maintenance Mayor Brennler addressed Lee Perkins' questions on Colony Square, and Community Development Director Warren Frace stated the permit has not been picked up and staff is working with the architect on revisions Mayor Brennler asked about her questions on a restaurant next to the Holiday Inn Express, and Assistant City Manager Jim Lewis stated they are activity working with the developer for a restaurant at that location Mayor Pro Tem Beraud commented that Ms Horn stated the workshop is a rally against the Water Board, however it is meant to offer education and asked staff to clarify Assistant City Manager Jim Lewis stated the purpose of meeting is to share the City's proposal and provide the public with a chance to comment. Community Development Director Warren Frace stated the MOU between the Board and the City will specifically tailor some of the Basin Plan requirements that will be applied locally Council Member Clay stated in regard to the workshop on the Basin Plan, there is nothing wrong with public input. In regard to missing political signs, everyone is missing some, and it is just the political season Council Member Clay stated there seems to be CC Minutes 10/28/08 Page 5 of 13 Approved December 9, 2008 conflicting information on both sides of Measure D-08, and he supports the concept of a Super WalMart at Del Rio Road am Council Member O'Malley stated his proposal for WalMart was to study three alternative projects so that the impact on our community could be studied B PUBLIC HEARINGS None C MANAGEMENT REPORTS 1 Central Coast Regional Water Quality Control Board Stormwater Management Plan (SWMP) Update ■ Fiscal Impact: None ■ Recommendation. Council receive and file this report [Public Works] Community Development Director Warren Frace gave the staff report and answered questions of the City Council Members and presented a timeline for revising the plan City Attorney Brian Pierik quoted from his report to the Council on p 81 indicating there is legal exposure for not having a storm water management plan in place PUBLIC COMMENT John Hollenbeck stated he lives next to Graves Creek and spoke about the requirements of the Regional Water Quality Control Board's buffer zone which may infringe on his ability to develop his property He expressed his concern with the RWQCB's need to impose these four additional requirements on Atascadero Mr Hollenback urged the adoption of options (A) and (B) Frank Henderson stated there has been no discussion on what square footage exemption would be established by the Council, and he is asking Council to establish the number, such as 499 square feet, because no school fees are due on that limit. Pam Heatherington, candidate for City Council, thanked staff for getting the letter off to RWQCB, and for the Council to remember the RWQCB is asking for participation We need to go along a path of education bringing the RWQCB to the table for dialogue Suzie Anderson stated she contacted Lompoc regarding their appeal They said their Council and staff were unanimous in opposing these requirements, and she urged the community to be included before taking a vote Jolene Horn made reference to creek setbacks, now called buffer zones, and questioned if there will be public education workshops insofar as we have no problem CC Minutes 10/28/08 Page 6 of 13 Approved December 9, 2008 with storm water in Atascadero Jolene Horn stated she does not want over-regulation and does not want to give up property rights Um John Shadack spoke on setbacks and asked the Council to fight this like other cities are attempting Jim Shannon asked the Council to fight the RWQCB and protect our property rights Mr Shannon also stated a member of the Planning Commission also served on ECOSLO, and questions that conflict Mayor Brennler closed the Public Comment Period. Council Member Luna stated the RWQCB members are appointed by the Governor, and you would need to contact the Governor and ask the two vacancies be filled and suggest people for the positions Mayor Pro Tem Beraud referenced a personal attack that she does not support education, and stated Suzie Anderson's attempt to recall her did not work so it should be over As for the creek setbacks, she stated there are problems with our surface water, and because the RWQCB is now suggesting creek setbacks, staff and Council were on the right track when they proposed the first Setback Ordinance Mayor Pro Tem Beraud stated that, unfortunately, some property owners do not always take care of their properties, and their impacts on our environment affect the rest of us Council Member Clay favors joining other communities to fight these requirements, and we need to not penalize everyone along the creek for the few that are not being responsible Council Member Clay agrees with staff's recommendation and the plan for public input. Mayor Brennler asked staff about identifying exemptions, and Community Development Director Warren Frace indicated staff would be looking into exemptions for the NPDES requirements, however, Mr Henderson is referring to workshops on storm drainage runoff, and there is probably going to be an update on those standards There was consensus of the City Council to receive and file the report. Mayor Brennler recessed the hearing at 8.57 p.m. Mayor Brennler called the meeting back to order at 9 14 p.m. CC Minutes 10/28/08 Page 7 of 13 Approved December 9, 2008 2. Campaign Ordinance (Continued from 10/14/08 Council Meetin_g) Fiscal Impact: The fiscal impact of the adoption of this Ordinance will be the staff time involved in the implementation of the Ordinance and the Candidate Statement fees the City will have to cover The staff time will include processing of Declaration of Candidacy Statements, calculation of expenditure limit each election season, public noticing requirements, press releases, postings on the website and processing of additional Late Contribution Reports The Candidate Statement fees will be approximately $250 00 per candidate ■ Action. If Council desires to adopt this campaign ordinance Council introduce for first reading by title only the Draft Ordinance amending the Atascadero Municipal Code by adding Chapter 19 to Title 2, adopting an ordinance to be known as "Atascadero Campaign Ordinance [City Attorney] City Attorney Brian Pierik gave the staff report. City Attorney Brian Pierik and City Clerk / Assistant to the City Manager Marcia McClure Torgerson answered questions of the City Council Members PUBLIC COMMENTS Len Colamarino stated he is a candidate for City Council and asked about the possibility of an elected Mayor in the future, but the ordinance does not make reference to an WW elected Mayor, only City Council Members Brian Sturtevant stated the State of California has limits and regulations that are already in place and he does not see the necessity for this ordinance Pam Heatherington congratulated the Council for having the voluntary campaign contribution limits, and would rather see the contribution limit at $100 Jim Shannon feels this should be passed because it does not make a difference as he goes by what the candidates say David Broadwater stated he has read the staff report and ordinance and supports the matter Lee Perkins stated the ordinance is reasonable and urged the Council's adoption Karyn Sturtevant stated she does not think campaign finance reform levels the playing field because it depends what your constituents do for a living, and if your supporters are available to work on your campaign during the day this would be an in-kind contribution, but if your supporters are business people, they may only be able to contribute a check. rri CC Minutes 10/28/08 Page 8 of 13 Approved December 9, 2008 Nora Trinicosta applauded this effort, but feels it does not go far enough stating transparencies in campaigns and government are not an unnecessary extravagance as some voters do require information on candidates' backgrounds and financial obligations to make their decisions Tino Santos stated this is ridiculous as he does not give money but volunteers for candidates he likes, and he feels it is voluntary and would be socialistic to restrict what someone can spend on their campaign Tom Comar stated he believes the ordinance is a great compromise from where we started, and volunteer or in-kind contributions are not political contributions under the law Mayor Brennler closed the Public Comment Period. Council Member Clay stated he is philosophically against this and because business people are unable to contribute their time, they provide their support with monetary contributions, and it requires a certain amount of money to get your message across Mayor Pro Tem Beraud stated she has heard comments that this is a rushed ordinance, however, after serving on the Campaign Reform Committee it was identified that the Council needed to build public trust and this ordinance is a step in that direction Council Member Luna stated there are misconceptions that candidates cannot accept cash and this particular ordinance does not cap contributions or campaign spending unless you ascribe to the voluntary spending limit of $12,000 Council Member Luna indicated that he would rather see potential candidates collect 300 signatures, rather than the ordinance's requirement of only 20 Council Member Clay asked if you do not sign the voluntary contribution limit, you would pay your own $250 qualification fee, and City Attorney Brian Pierik confirmed that you would Council Member Clay further stated he feels the number of 300 signatures is too many Mayor Pro Tem Beraud said the 300 signatures should be something discussed in the future, and we should not have more than what the State requires at this point because it will deter people from running for office Council Member O'Malley stated although we have made progress on campaign reform, he is against the Council not working through to a consensus rather than pushing this through with a majority On the question of an elected Mayor, the issue was discussed before and the Council was against the idea. Mayor Brennler asked City Attorney Brian Pierik if an elected Mayor would be covered by this ordinance City Attorney Brian Pierik stated the Mayor is an elected member of the City Council and this ordinance would cover that position CC Minutes 10/28/08 Page 9 of 13 Approved December 9, 2008 Council Member Luna withdrew his suggestion about 300 signatures Mayor Pro Tem Beraud stated that as we further our efforts on campaign reform, some of Council Member O'Malley's concerns will be addressed on PAC issues and campaign expenditures MOTION By Mayor Pro Tem Beraud and seconded by Council Member Luna to introduce for first reading by title only the draft Ordinance amending the Atascadero Municipal Code by adding Chapter 19 to Title 2, to be known as "Atascadero Campaign Ordinance." Motion passes 3.2 on a roll-call vote. (Council Members Clay and O'Malley opposed.) 3 Human Services Grants ■ Description Approval of the distribution of $20,000 in grant funds to assist local service providers that have a profound impact on the community ■ Fiscal Impact. The program is budgeted at $20,000 ■ Recommendation. Council approve Human Services Grants to the Agencies and in the amounts recommended by the Finance Committee in Attachment A [City Manager] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of the City Council PUBLIC COMMENT Susan Warren, staff member with North County Connection, thanked the Council for including North County Connection for a grant to assist with producing their calendar There services are free, anonymous and confidential and they serve over 800 people a month She thanked the Council for considering their program Pearl Munak, with Transitional Food and Shelter, Inc , stated they are an all-volunteer agency in their tenth year They assist the largest contingent of people in the County, providing disabled homeless with apartments because it is cheaper than hotels This grant would assist in their ability to continue providing services Linda McGreggor, 211 SLO Hotline, stated they receive 12,000 calls a year, but after 211 was implemented their calls went up 57% She also said that over the last two months, their calls are up 100 percent. Ms McGreggor stated that they depend upon local funds and take the burden off the 911 process, and hopefully Council will consider them for CDBG funding CC Minutes 10/28/08 Page 10 of 13 Approved December 9, 2008 Mayor Brennler closed the Public Comment Period. MOTION By Mayor Pro Tem Beraud seconded by Council Member O'Malley approve Human Resources Grants to the Agencies and in the amounts recommended by the Finance Committee in Attachment A. Motion passes 5 0 on a roll-call vote. Mayor Brennler recessed the hearing at 9.20 p.m. Mayor Brennler called the meeting back to order at 9 32 p.m. 4 Proposed Urgency Ordinance and A Regular Ordinance Pertaining to Summary Nuisance Abatement Procedures ■ Fiscal Impact: The ordinance would allow the City to recover its costs in the event summary abatement is necessary to address an imminent threat to public safety The exact fiscal impact cannot be determined in advance of a particular summary abatement action ■ Recommendations. Council 1) Adopt the Draft Urgency Ordinance amending Section 9-8 107 of Title 9, Chapter 8 of the Atascadero Municipal code pertaining to summary nuisance abatement procedures AND 2) Introduce for first reading by title only, the Draft Ordinance amending Section 9-8 107 of title 9, Chapter 8 of the Atascadero Municipal Code pertaining to summary nuisance abatement procedures [City Attorney] City Attorney Brian Pierik gave the staff report and answered questions of the City Council Members PUBLIC COMMENT None Council Member O'Malley suggested the City make contact through other means which could be added to the recommendation City Attorney Brian Pierik indicated this could be added to the ordinance or the Council could just give direction to staff; however, it is fairly common to notice by mail and it is the City's incentive not to spend money when they do not have to, and the City's attempts would be documented Assistant City Manager Jim Lewis said because this is a small community, every effort is made to notify residents and indicated the Fire Department uses reasonable notification in emergency circumstances CC Minutes 10/28/08 Page 11 of 13 Approved December 9, 2008 City Attorney Brian Pierik suggested he could add where it states in Section J, "to give notice by U S Mail" and add "and, if reasonable under the circumstances, serve personal notice upon the property owner of the public nuisance " Discussion was held about absentee owners, whether on vacation or absentee landlord or vacancies PUBLIC COMMENT None MOTION By Council Member Clay and seconded by Council Member O'Malley to (1) Adopt the Draft Urgency Ordinance amending Section 9- 8.107 of Title 9, Chapter 8 of the Atascadero Municipal Code pertaining to summary nuisance abatement procedures, and (2) Introduce for first reading by title only, the Draft Ordinance amending Section 9-8.107 of Title 9, Chapter 8 of the Atascadero Municipal Code pertaining to summary nuisance abatement procedures, and (3) To add to both ordinances, where it states in Section J, "to give written notice by U S. Mail" and add "and, if reasonable under the circumstances, serve personal notice upon the property owner of the public nuisance." (Urgency Ordinance No 535) Motion passes 5.0 on a roll-call vote. 5 Affordable Housing Funds Policy— PLN 2007-1266 (City of Atascadero) ■ Fiscal Impact: None ■ Recommendation. Council adopt the Draft Resolution, approving the City of Atascadero Affordable Housing Funds Policy with attached Affordable Housing Participation Checklist. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of the City Council Assistant City Manager Jim Lewis provided information on pending litigation on redevelopment funds to the state Administrative Services Director Rachelle Rickard answered questions of the Council PUBLIC COMMENT None MOTION By Council Member O'Malley and seconded by Council Member Clay to adopt the Draft Resolution, approving the City of Atascadero Affordable Housing Funds Policy with attached Affordable Housing Participation Checklist. err Motion passes 5.0 on a roll-call vote. (Resolution 2008-062) CC Minutes 10/28/08 Page 12 of 13 Approved December 9, 2008 am MOTION By Council Member Clay seconded by Council Member Luna to adjourn the meeting City Clerk / Assistant City Manager Marcia McClure Torgerson asked if the Council could appoint two members of the Council to interview an applicant for the Youth Rep for the Parks and Recreation Commission Mayor Brennler called for a vote for the motion on the floor MOTION By Council Member Clay seconded by Council Member Luna to adjourn the meeting. Motion passes 3.2 on a roll-call vote. (Beraud and Brennler opposed.) ADJOURNMENT The meeting was adjourned at 10 15 p m to the next regularly scheduled meeting of the City Council MINUTES PREPARED BY Susanne Curtis Anshen, Deputy City Clerk The following exhibits are available for review in the City Clerk's office Exhibit A Report from David Broadwater on all the financial reports filed with the City by the Atascadero Chamber of Commerce Exhibit B—Copy of an email from Michael Buckman, an environmental scientist in Sacramento, stating the Basin Plan Amendment will not be heard in November 2008. trr CC Minutes 10/28/08 Page 13 of 13