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HomeMy WebLinkAboutMinutes 112508 Approved January 13, 2009 CITY OF ATASCADERO 4 CITY COUNCIL MINUTES Tuesday, November 25, 2008 CITY COUNCIL REGULAR SESSION Mayor Brennler called the meeting to order at 6:05 p.m. and Mayor Pro Tem Beraud 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 Anshan. Staff Present: City Manager Wade McKinney Assistant City Manager Jim Lewis, City Attorney Brian Pierik, Community Services Director Brady Cherry and Police Chief Jim Mulhall. APPROVAL OF AGENDA MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Beraud to approve the agenda. Motion passed 5:0 on a roll-call vote. r CC Minutes of 11/25/08 Pagel of 11 Approved January 13, 2009 PRESENTATIONS 1 Council Member George Luna — Recognition for 20 Years of Service. City Manager McKinney presented Council Member Luna with a clock in appreciation for his 20 years of service to Atascadero Council Member Luna thanked Mr McKinney for his kind words and spoke of his hopes for the future of Atascadero George Luna thanked his wife for her own contributions to the City of Atascadero Mayor Pro Tem Beraud thanked George Luna and stated he has always put the needs of the public first Council Member Clay thanked George Luna for all his years of service and wished him the best. PUBLIC COMMENT Marge Mackey wished George Luna a wonderful and fun life and stated there are many people that could not attend tonight that appreciate everything he has done for the City of Atascadero Tom Comar expressed his thanks for the sacrifice George Luna has made for his City Council work and thanked Ursula, George's wife Rick Matthews thanked George Luna for everything he has provided to this community and hoped we can live up to his vision Geraldine Brasher thanked George Luna for his public service Pam Heatherington thanked George Luna for introducing her to politics in Atascadero and thanked him for all his hard work. Bob Powers stated George Luna is a very honest and decent person who really cares about the City of Atascadero Council Member O'Malley stated George Luna introduced him to politics, and appreciated Mr Luna's fiscal conservatism and ability to compromise Mayor Brennler expressed that 20 years is remarkable and thanked George Luna for always being polite to him and thanked him for his service Gretchen Wright stated George Luna introduced her to the crucial items facing the City and thanked George Luna for always voting with his constituents CC Minutes of 11/25/08 Page 2 of 11 Approved January 13, 2009 Marianna Good stated she appreciates George Luna's integrity and presented him with a balloon bouquet Joan O'Keefe thanked George Luna for appointing her to the Planning Commission and expressed her appreciation for George Luna and his wife's passion for trees that they share 2. Fire Service Awards — Fire Chief Kurt Stone presented five awards for completion of 250 to 700 hours of training through the Joint Apprenticeship Committee (JAC), a partnership between the Community Colleges, Professional Firefighters Union of California, and the California Fire Chiefs' Association to Jason Smith (Joint Apprenticeship Fire Engineer), Brian Westerman (Fire Engineer), Nate Hasch (Certified JAC Paramedic), and Captains Casey Bryson and Scott Hallet (Fire Officer Instructor 1) 3. Technology Achievement Award presented by City Manager Wade McKinney to the City of Atascadero, an Award of Excellence by the Municipal Information Systems Association of California. Mr McKinney introduced the team, lead by Assistant City Manager Jim Lewis, Database Programmer Tom Whaley, Support Services Tech David Anastasia, Systems Administrator Ken Phillips, and GIS Analyst Luke Knight. 4 Police Department will introduce newest member of the K-9 Program, "Alk." Chief Jim Mulhall introduced Aik, the newest member of the K-9 Team, since Zep's retirement. Chief Mulhall introduced Sgt. Roger Milay, who is in charge of the K-9 Program Each dog receives a badge with his name and number, and Sgt Milay presented Aik with his own badge A. CONSENT CALENDAR 1 City Council Draft Minutes — October 14, 2008 ■ Recommendation. Council approve the City Council Meeting Minutes of October 14, 2008 [City Clerk] 2. July 2008 Accounts Payable ■ Fiscal Impact: None ■ Recommendation Council approve certified City accounts payable, payroll and payroll vendor checks for July, 2008 [Administrative Services] +r.r CC Minutes of 11/25/08 Page 3 of 11 Approved January 13, 2009 3. Campaign Ordinance Adoption - 2"d Reading 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. Council adopt on second 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] 4 Nuisance Abatement Ordinance Adoption - 2"d Reading ■ 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 ■ Recommendation. Council adopt on second 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] 5 Temporary Road Closure— Holiday Tree Lighting ■ Fiscal Impact: $190 00 in staff time for the installation of Road Closed signs ■ Recommendation. Council approve a request by Staff for a temporary road closure for the Holiday Tree Lighting Ceremony on December 5th 2008 [Public Works] 6. Temporary Road Closure — Holiday Musical Walk Around the Lake ■ Fiscal Impact: $320 00 in staff time for placing barricades ■ Recommendation Council approve the temporary road closure for the annual Holiday Musical Walk Around the Lake on December 6th, 2008 [Public Works] 7 Supplemental Law Enforcement Services Fund ■ Fiscal Impact: $100,000 in SLESF grant funds Costs do not affect the General Fund ■ Recommendation Council designate the 2008/2009 Supplemental Law Enforcement Services Fund (SLESF) monies, in the amount of $100,000 00, to be used for frontline Police services [Police Department] David Broadwater asked to have Item No A-2 pulled from the Consent Calendar CC Minutes of 11/25/08 Page 4 of 11 Approved January 13, 2009 MOTION By Council Member O'Malley and seconded by Council am Member Clay to approve Items A-1, A-3, A-4, A-5, A-6 and A-7 of the Consent Calendar (with O'Malley and Clay stating they are voting no on A-3). Motion passed 5.0 on a roll-call vote for Items A-1, A-4, A-5, A- 6 and A-7 a roll-call vote. , (Item A-4 Ordinance No. 537) Motion passed 3.2 on a roll-call vote for Item A-3 (O'Malley and Clay opposing Item A-3.) (Item A-3 Ordinance No. 536) Item #A-2 David Broadwater stated he requested Item A-2 be pulled from the agenda and made reference to the distribution listing for the month of July, Check No 116503 issued to the Atascadero Chamber of Commerce in the amount of $28,458 00 under a contract between the City of Atascadero and the Atascadero Chamber of Commerce and stated the Chamber has failed to consistently provide the accounting for three years Council Member Luna asked the City Manager if July's accounts payable have already been paid Mr McKinney stated they have been paid MOTION By Council Member Clay and seconded by Council Member O'Malley to approve Item No A-2 on the Consent Calendar City Manager Wade McKinney and City Attorney Brian Pierik answered questions of Council Mayor Brennler called for the Motion MOTION By Council Member Clay and seconded by Council Member O'Malley to approve Item No A-2 on the Consent Calendar Motion passed 5.0 on a roll-call vote. COMMUNITY FORUM Joan O'Keefe asked if the public would be able to comment under Council Announcements and Reports later in the agenda, or whether the public should comment at this time on Mayor Brenner's report. Mayor Brennler asked if anyone else in the audience would be commenting on his report and there were none other than Joan O'Keefe CC Minutes of 11/25/08 Page 5 of 11 Approved January 13, 2009 City Attorney Brian Pierik stated it was up to the Mayor's discretion Mayor Brennler stated his comments would be brief and citing his desire to not lengthen the Council Announcements and Reports Period, requested those comments be heard under the Community Forum Joan O'Keefe spoke on the Mayor's report on the Gaughan lawsuit, requested certain retributions from the City to Mr Tracey, and questioned whether newly-elected Council Member Roberta Fonzi should be allowed to participate in these discussions as she was the Gaughans' realtor Steve Martin, Executive Director of the Atascadero Main Street Program, reviewed the downtown holiday events scheduled Barbie Butz spoke about Coats for Kids, and stated money can be donated to Loaves and Fishes and earmarked for Coats for Kids David Broadwater expressed his concern the Council is not allowing public comment under Council Announcements and Reports Joanne Main, Atascadero Chamber of Commerce, reflected on the year and economic times and wants to put the word out for the need to have a positive attitude and to shop local Sorrel Marks expressed her hopes that the incoming Council will practice true leadership She thanked the City Council for their efforts to provide improved civility at public meetings Sandy Jack wished all a Happy Thanksgiving Mayor Brennler closed the Public Comment Period. Mayor Brennler answered the question on public comment during Council Announcements by asking the City Attorney if the decision made was appropriate City Attorney Brian Pierik stated the Council was within the law to allow public comment at this point rather than under Council Announcements and Reports Mayor Brennler spoke to Sorrel Marks' comments on the need for civility and expressed his hope for the future Council to bring people together B PUBLIC HEARINGS - None CC Minutes of 11/25/08 Page 6 of 11 Approved January 13, 2009 C MANAGEMENT REPORTS 1 Colony Park Community Center Status Report ■ Fiscal Impact: None ■ Recommendation. Council review Colony Park Community Center status report, receive and file [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions from Council PUBLIC COMMENT Ray Johnson, Past Chair and current Board Member YMCA, stated the YMCA would be open to discussing expanding the City's efforts at the Community Center Mayor Brennler closed the Public Comment Period. There was consensus of the City Council to receive and file the Colony Park Community Center Status Report. 2. Comparison of Reports Received by Cities from their Chambers of Commerce ■ Fiscal Impact: Depends on Council direction, if any ■ Recommendation. Council receive this and file this report [City Manager] City Clerk / Assistant to the City Manager Marcia McClure Torgerson gave the staff report and answered questions from the City Council Members PUBLIC COMMENT David Broadwater displayed on the overhead screen a report and spoke about the amount of funding from the City to the Atascadero Chamber of Commerce since 2006 (Exhibit A) Joanne Main, Executive Director of the Atascadero Chamber of Commerce, stated she had not been advised her reports were inadequate and reviewed the services the Chamber of Commerce provides Joanne Main answered questions of the City Council Members Ray Johnson spoke about how the contract formula came about in 1992 when he was on the Chamber board CC Minutes of 11/25/08 Page 7 of 11 Approved January 13, 2009 Jay DeCou stated the Chamber's contract is performance-based, so if the business community does well, the Chamber of Commerce gets paid well, and the Chamber of am Commerce saves the City twice what it would cost the City to do the same work. Ted Jacobson, Meridian Insurance, served on the Chamber board when the contract was negotiated, and stated the performance-based contract has been very successful for the community Joan O'Keefe spoke about the need for oversight and the need for more detailed reporting Tom Comar stated that Mr Broadwater's points are excellent and the contract needs to be followed to make sure any questions of the public are answered Dorothy Smith stated she came to Atascadero in 1972-3 to establish a craft-makers' village and would like to work with the City or anyone else to establish this village Karyn Sturtevant stated the business men and women of this City are the public that is served by the Chamber, and there should be no division between the community and the businesses Karyn Sturtevant spoke in support of the Chamber's efforts to bring business to Atascadero Mayor Brennler closed the Public Comment Period. The City Council Members recalled Joanne Main for further questions REOPENED PUBLIC COMMENT David Broadwater stated his remarks were not intended to imply the Chamber had engaged in any wrongdoing Mayor Brennler closed the Public Comment period. There was a consensus of the Council to receive and file the Comparison of Reports Received by other Cities from their Chambers of Commerce. 3. Parks and Recreation Commission - Youth Representative Appointment ■ Fiscal Impact: None ■ Recommendation. Sub-committee recommends Council appoint Matthew O'Connell to the Parks & Recreation Commission's Youth Representative position [City Clerk] City Clerk / Assistant to the City Manager Marcia McClure Torgerson provided the staff report and answered questions from Council +rr CC Minutes of 11/25/08 Page 8 of 11 Approved January 13, 2009 PUBLIC COMMENT am Sorrel Marks spoke in favor of Matthew O'Connell Sandy Jack, who served as Parks and Recreation Commissioner in the past, stated in the past they had both a male and female on the Commission, and encouraged the Council to maintain an appointment from both genders Mayor Brennler closed the Public Comment Period. MOTION By Council Member Luna and seconded by Council Member O'Malley to appoint Matthew O'Connell to the Parks & Recreation Commission's Youth Representative position Motion passed 5.0 on a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS Mayor Brennler stated he has a matter to bring to the City Council on his review of the investigation against City employee, Marty Tracey Council Member O'Malley interrupted with points of order and questions for the City Attorney Council Member O'Malley stated that it was his understanding that the City Attorney's advice is to not comment on the Report by Mr Brennler because the litigation to which he refers relates to personnel performance by an employee City Attorney Brian Pierik stated this is correct. Council Member O'Malley asked the City Attorney if the litigation to which Mr Brennler refers in his report was settled by the parties to the mutual satisfaction of all parties, including Marty Tracey, the Gaughans, and the City's claims adjuster CJPIA (California Joint Powers Insurance Authority) City Attorney Brian Pierik stated Council Member O'Malley is correct Council Member O'Malley further asked what the City's ability would be to respond to this action when it has been turned over to the California Joint Powers Insurance Authority City Attorney Brian Pierik stated when a claim has been turned over to the California Joint Powers Insurance Authority and they accept it as a covered claim, then they have control over the litigation and can settle the lawsuit or supervise it as it goes to trial Council Member O'Malley asked if this matter had been reviewed by that process under law and if all parties, including Marty Tracey, the Gaughans, and the City's claims adjuster have agreed to the settlement. CC Minutes of 11/25/08 Page 9 of 11 Approved January 13, 2009 r..r City Attorney Brian Pierik stated they have all agreed to the settlement of the litigation Council Member O'Malley asked City Attorney Brian Pierik, since the litigation has been settled, whether Mr Pierik considered this a pending matter or closed City Attorney Brian Pierik stated the litigation is closed Council Member Luna asked if this report would cause some type of litigation to reopen City Attorney Brian Pierik stated that it would be impossible for him to predict; and in order to answer the question, he would have to speculate Council Member George Luna asked if any comments by anybody, including the Mayor, could reopen the litigation City Attorney Brian Pierik stated that the only thing he could say is that Mayor Brennler asked that this be put on the agenda, it was added to the agenda, he is going to say what he is going to say, and he could not predict what the outcome or what his comments would be City Attorney Brian Pierik advised the rest of the Council not to comment on what Mayor Brennler may say since this matter was in litigation and the litigation related to the performance by an employee of his duties, and for that reason, it was his advice to the Council Members not to comment on what Mayor Brennler may say Mayor Brennler discussed his review of the allegations and report of investigation against Atascadero City Employee, Marty Tracey, Deputy Director of the Redevelopment Agency and continued to read from 16 points on his findings (Exhibit B) City Attorney Brian Pierik interrupted Mayor Brennler to state that the 16 findings may be beyond the scope of what the Brown Act contemplates as a brief report regarding activities Mayor Brennler indicated his report was brief and completed reciting his 16 points of findings Council Member O'Malley stated there have been three years of unfounded allegations, none of which were found to have any merit. Council Member O'Malley stated that if problems are discovered in the future, we need to fix them, and now we need to be proactive and polite and move forward to accomplish good things for our community MOTION By Council Member O'Malley and Seconded by Council Member Clay to adjourn Motion passed 5.0 on a roll-call vote. CC Minutes of 11/25/08 Page 10 of 11 Approved January 13, 2009 F ADJOURNMENT The meeting was adjourned at 8 32 p m to the next regularly scheduled meeting of the City Council on December 9, 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. Written report to the City Council by David Broadwater covering the Chamber of Commerce reports from 2006 to 2008. Exhibit B. November 20, 2008, report by Mike Brennler entitled, "A Review of the Allegations and the Report of Investigation against City of Atascadero Community Redevelopment Agency Deputy Director Martin Tracey" wr am CC Minutes of 11/25/08 Page 11 of 11