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HomeMy WebLinkAboutMinutes 011309 Approved February 10, 2009 i IMP TF r rn CITY OFATASCADERO CITY COUNCIL MINUTES Tuesday January 13, 2009 CITY COUNCIL CLOSED SESSION: 5:00 P.M. CALL TO ORDER: Mayor Beraud called the meeting to order at 5:00 p.m. 1 Public Comment— Closed Session: Mike Brennler spoke to Item 2-b and asked if the public could be advised as to what this matter deals with and if there is going to be a presentation of a settlement agreement. He cited the Brown Act requirement that the public has the right to receive information in reference to any settlement agreement. Mayor Beraud closed the Public Comment period. City Attorney Brian Pierik stated the agenda item has been described appropriately on the City's website and there is nothing more to add. Mayor Bdraud adjourned the meeting to the Closed Session of the City Council. 2. Closed Session: a. Conference with Real Property Negotiators (Govt. Code Sec. 54956.8) Property, 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 01/13/2009 Page 1 of 13 Approved February 10, 2009 b. Public Employee Discipline/Dismissal/Release (Govt Code Sec am 54957) 2. ADJOURN Mayor Beraud adjourned the Closed Session of the City Council at 5 50 p.m. to the regular meeting of the City Council. Mayor Beraud reconvened the City Council meeting at 6:00 p.m. CLOSED SESSION REPORT City Attorney Brian Pierik announced there were no reportable actions taken Mayor Beraud adjourned the meeting to the regularly-scheduled meeting of the Redevelopment Agency Mayor Beraud reconvened the City Council Meeting at 7.05 p.m. CITY COUNCIL REGULAR SESSION Mayor Beraud called the meeting to order at 7 05 p m and Council Member O'Malley led the Pledge of Allegiance ROLL CALL. Present: Council Members O'Malley, Clay, Kelley, Mayor Pro Tem Fonzi, and Mayor Beraud 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, Deputy Director of Public Works Geoff English, Community Services Director Brady Cherry, Police Chief Jim Mulhall, Deputy Public Works Director David Athey, Administrative Services Director Rachelle Rickard, and City Attorney Brian Pierik. am CC Minutes 01/13/2009 Page 2 of 13 Approved February 10, 2009 APPROVAL OF AGENDA. MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to approve the agenda. Motion passed 5.0 by a roll-call vote. A. CONSENT CALENDAR 1 City Council Special Meeting Draft Minutes — November 12, 2008 ■ Recommendation. Council approve the City Council Special Meeting Minutes of November 12, 2008 [City Clerk] 2. City Council Special Meeting Draft Minutes — November 22, 2008 ■ Recommendation. Council approve the City Council Special Meeting Minutes of November 22, 2008 [City Clerk] 3. City Council Draft Minutes — November 25, 2008 ■ Recommendation. Council approve the City Council Meeting Minutes of November 25, 2008 [City Clerk] 4 City Council Draft Minutes — December 9, 2008 Recommendation. Council approve the City Council Meeting Minutes of December 9, 2008 [City Clerk] 5 City Council Special Meeting Draft Minutes — December 17, 2008 ■ Recommendation. Council approve the City Council Special Meeting Minutes of December 17, 2008 [City Clerk] 6 Adoption of an Alcohol Policy for the Pavilion on the Lake ■ Recommendation. Council adopt the proposed liquor policy for events to be held at the Pavilion on the Lake ■ Fiscal Impact: Unknown A few private groups may decide to hold events elsewhere if they cannot serve hard alcohol [Community Services] 7 Transit Vehicle Purchase - Purchase of a 22 Passenger Transit Bus through the State Department of General Services ■ Recommendation. Council 1 Adopt the Draft Resolution authorizing the State Department of General Services to purchase vehicles on behalf of the City of Atascadero, and, 2 Authorize Staff to proceed with the purchase with the purchase of the 22-passenger transit bus CC Minutes 01/13/2009 Page 3 of 13 Approved February 10, 2009 ■ Fiscal Impact: The total cost of the vehicle will be $65,000 of budgeted Transit Funds-2009 cycle [Public Works] 8. Acceptance of the Offers of Dedication for Public Open Space — Tracts 2525, Phases I and II ■ Recommendations. Council 1 Adopt the Draft Resolution A accepting the Public Improvements within the areas proposed for Dedication of Public Open Space on Tracts 2525, Phases I and II, (excepting Open Space Lot 3) and reject the improvements in the areas of dedication for maintenance, and, 2 Adopt the Draft Resolution B accepting the Offer of Dedications for Public Open Space, in Fee Simple, on Tracts 2525, Phases I and II, (excepting Open Space Lot 3) ■ Fiscal Impact: The City will be responsible for approximately 25% of the maintenance costs of the public open space The actual cost will be computed annually during the assessment period The City's costs for the 2008-2009 (current year) are estimated to be $7,500 from currently budgeted general funds [Public Works] 9 Annual Sewer Line Cleaning Services — Change Order #2 ■ Recommendation. Council authorize the City Manager to execute a Change Order in the amount of $6,592.00 to Mark Simon Sewer Maintenance for sanitary sewer-line cleaning services ■ Fiscal Impact: No additional appropriation required $6,592 00 of ftw budgeted Wastewater Funds will be used to cover this expenditure [Public Works] 10 Streetscape Phase II Design Contract Change Order— Rick Engineering ■ Description. Design Services for the Rosario Gateway, Entry Arch, Pedestrian Tunnel, EI Camino Real Paving, Wayfinding, Street Lighting, Bus Stop and Bridge Railing Improvements ■ Recommendations. Council 1 Authorize the City Manager to execute a contract change order in the amount of $20,000 with Rick Engineering Incorporated to pay for additional design work beyond the scope of the original contract., and, 2 Authorize the City Manager to approve any additional change orders with Rick Engineering for a total amount not to exceed $20,000 00 ■ Fiscal Impact: The maximum possible fiscal impact is $40,000 00 of 2007-2009 budgeted funds [Public Works] 11 Proposition 1 B Grant Applications — Bus Stop Improvement Prosect ■ Description. If successful, this grant would bring $100,000 for bus stop improvements ■ Recommendation. Council approve the attached draft Resolution authorizing the submission of the grant application to the San Luis Obispo CC Minutes 01/13/2009 Page 4 of 13 Approved February 10, 2009 Council of Governments (SLOCOG) for Proposition 1B funding for bus stop improvements in the amount of $100,000 00 Fiscal Impact: None Staff is applying for $100,000 in 08/09 Proposition 1 B funding for the Bus Stop Improvement Project An additional $52,500 has been budgeted through FTA 5307 and TDA funds for this project [Public Works] 12.Proposition 1 B Safety and Security Grant Application ■ Recommendation. Council approve the attached Draft Resolution authorizing the submission of the grant application to the San Luis Obispo Council of Governments (SLOCOG) for Proposition 1B Safety and Security funding for security lighting and cameras in the amount of $20,000 ■ Fiscal Impact: None Staff applied for $20,000, the Board voted to award $18,880 pending Council approval Agencies are also allocated a small portion of the 1B Safety and Security funding on a formula basis, for Atascadero the total for 07/08 and 08/09 is $1,120, bringing the total 1B funding available for this project to $20,000 [Public Works] Mayor Pro Tem Fonzi pulled Item No A-4 & A-6 Eric Greening asked to pull Item Nos A-7, A-11 and A-12 MOTION By Council Member Clay and seconded by Mayor Pro Tem Fonzi to approve Items A-1, A-2, A-3, A-5, A-8, A-9, and A-10 on the Consent Calendar Motion passed 5.0 by a roll-call vote. (A-8.1 Resolution No. 2009-002, A.8.2. Resolution No. 2009-003) Item #A-4 Mayor Pro Tem Fonzi stated on page 8, the word "evaluation" should be changed to "evacuation " MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Clay to approve Item No A-4, the Draft Minutes of the City Council dated December 9, 2008, correcting the word "evaluation" to "evacuation" on page 8. Motion passed 5.0 by a roll-call vote. Item #A-6 Mayor Pro Tem Fonzi asked if Staff could explain the reason for the policy change as to liquor allowed at the Lake Pavilion Community Services Director Brady Cherry explained there have been numerous events at the Pavilion where damages to the premises were directly related to hard alcohol Mayor Pro Tem Fonzi expressed concern for penalizing every group when most of them are responsible versus the few that are not, and asked if there could be insurance or security guards required, and what the Alcohol Beverage Control Board requires CC Minutes 01/13/2009 Page 5 of 13 Approved February 10, 2009 Community Services Director Brady Cherry stated each group is required to obtain a one-day license from the Department of Alcohol Beverage Control Board, and it is possible to require special event liability insurance either through their own carrier or through the City of Atascadero, which is costly and may create a barrier to using the facility PUBLIC COMMENT Eric Greening stated he supports Staffs' recommendation, but if there are other issues to be addressed, a public hearing should be set to work out the policy details and the City Council should include the Parks and Recreation Commission Karyn Sturtevant stated the City could allow event planners to plan their events and require security and insurance as necessary rather than across the board rules Mayor Beraud closed the Public Comment period. MOTION By Council Member Clay and seconded by Council Member O'Malley to adopt Item No A-6, the proposed liquor policy for events to be held at the Pavilion on the Lake per staff's recommendation Motion passed 4 1 by a roll-call vote. (Mayor Pro Tem Fonzi opposed.) Item #A7, 11, & 12 Eric Greening pulled these items and stated all are related to the transit system He explained that the transit operating budget will impact these items, and special consideration needs to be addressed on the money we spend on operations for these items Council Member O'Malley stated he has been elected as Vice Chair for the San Luis Obispo Council of Governments and the San Luis Obispo Regional Transit Authority, and our City is very much on top of what funding sources may become available for these issues MOTION By Council Member O'Malley and seconded by Council Member Kelley to approve Item Nos. A-7, A-11 and A-12 on the Consent Calendar Motion passed 5.0 by a roll-call vote. (A-71 Resolution No. 2009-001, A-11 Resolution No. 2009-004, A-12- Resolution No. 2009-005) COMMUNITY FORUM CC Minutes 01/13/2009 Page 6 of 13 Approved February 10, 2009 Eric Greening asked who made the project descriptions on the agenda in reference to the Wal-Mart item under Council Announcements and Reports Eric Greening stated the lack of access to transportation is a civil rights issue for citizens and the state is raiding funds set aside for transit assistance funding Len Colamarino spoke on the irregularity of the Wal-Mart issue being placed on the agenda by a Council Member, asked if there had been some ex parte communication, whether staff has been consulted, and the reason for this unusual process Pam Heatherington also questioned why the matter has been agendized by Council Member Clay Mike Brennler asked for public disclosure according to the Brown Act regarding the amount of public funding for the earlier item discussed in Closed Session Mike Brennler stated Resolution No 2006-084 states the Mayor Pro Tem shall be selected as new Mayor, and it was disrespectful to force Mayor Beraud to nominate herself for Mayor at the last City Council meeting David Broadwater associated himself with the same questions as Mr Colamarino and Pam Heatherington regarding the appearance of Wal-Mart-related issues on the agenda tonight. Mr Broadwater stated he was present when the new Council Members were sworn into office, and they did not nominate Ellen Beraud as Mayor, which he feels is a failure to execute their oath Mayor Beraud closed the Community Forum period. B PUBLIC HEARINGS None C MANAGEMENT REPORTS 1 Fiscal Year 2007-2008 Audit ■ Recommendation. Council review and accept the financial audit for the period ending June 30, 2008 ■ Fiscal Impact: None [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of the City Council Members PUBLIC COMMENT Bruce Bivens asked questions regarding grants and contributions, and he asked if charges for services are down, and if the Planning Department can bring that revenue up tam CC Minutes 01/13/2009 Page 7 of 13 Approved February 10, 2009 Mayor Beraud closed the Public Comment period. Administrative Services Director Rachelle Rickard stated the Building Department fees are down along with a slowing housing market, and they have taken account for this in the current budget planning There was consensus of the City Council Members to receive and file the 2007-2008 Audit Report. 2. Assembly Bill 885 (AB885) Draft Onsite Wastewater Treatment System Regulations ■ Recommendations. Council receive information on proposed State Regulations concerning Septic Systems, and provide feedback regarding staff's comments to the State Water Resources Control Board ■ Fiscal Impact: The long term fiscal impact on the City from both the State Water Board statewide and Central Coast Water Board Basin Plan regulations is unknown at this time Cost could be significant depending on what the City is required to do in a Septic System Management Plan Long term work includes costs for inspection systems, record keeping, and amending local codes Short term fiscal impacts includes staff's time to review the regulations, travel costs for the trip to the Public Meeting in Fresno, and staff's time to review the standards and develop comments [Public Works] Mayor Beraud reported an ex parte communication with Sorrel Marks on this matter Interim Public Works Director Geoff English and Deputy Public Works Director David Athey gave the staff report, and answered questions of the City Council Members PUBLIC COMMENT Ann Hatch asked if it is possible to differentiate between domestic animal run off and contamination in our streams versus septic tank contamination, and stated her concern we may be penalizing people with septic tanks erroneously Ron Rothman asked if all the waterways in Atascadero have been tested and if Atascadero Creek is the only one that is impacted at this point. Bill Schaeffer spoke in favor of maintaining control of setbacks to the City David Broadwater suggested composting toilets and asked what would be the impediments from using them and other alternative systems CC Minutes 01/13/2009 Page 8 of 13 Approved February 10, 2009 Bill Hatch asked about the cost to each homeowner for pumping, and how it will impact property values *AV Mayor Beraud closed the Public Comment period. Mayor Beraud asked how impaired waterway contaminations are determined Deputy Public Works Director David Athey indicated currently DNA-type testing is done Mayor Beraud asked if all creeks have been tested Deputy Public Works Director David Athey stated all creeks in Atascadero have not been tested, and he was unsure as to whether all the creeks would be slated for testing Mayor Beraud asked if we implemented a local setback ordinance, would the City still be subjected to Regional Water Quality Control Board regulations Deputy Public Works Director David Athey stated the RWQCB has the authority to impose requirements on landowners who are impacting water quality Mayor Beraud asked if composting toilets and other alternatives are being looked at by the Regional Water Quality Control Board Deputy Public Works Director David Athey did not feel composting toilets had been addressed as these regulations focus solely on septic systems with running water Council Member Kelley stated currently to have a septic system pumped the cost is approximately $650 00 plus a cost to locate the tank if necessary; and if this is made a requirement, there quite possibly will be added costs for reporting Mayor Beraud stated because of the large number of residents on septic systems, cost is a great concern and she would rather recommend good maintenance but not require it or require records be kept. Council Member O'Malley suggested to the State that in isolation, this seems like a good idea, however, it would be a better idea to keep the cost to the taxpayers in mind when making these decisions Mayor Pro Tem Fonzi would suggest comments be included on the impact on affordable housing for our area in particular Mayor Pro Tem Fonzi also stated this is somewhat of an unfunded mandate upon local government and homeowners with parts of this clearly unenforceable as to regulating the homeowners' record-keeping Council Member Clay asked staff to include the Municipal Water Company's report that there have been no problems over the years Council Member Kelley would like to see an education component included for those moving here from metropolitan areas that are unfamiliar with septic systems and how they work. Council Member Kelley suggested including utilization of a gray-water systems for washing machines to alleviate impact on septic systems CC Minutes 01/13/2009 Page 9 of 13 Approved February 10, 2009 Council Member O'Malley stated Atascadero is one of the few cities with a permitted ftw gray-water process There was consensus of the City Council to provide feedback regarding staffs' comments to the State Water Resources Control Board, (including Council Member Comments above). 3. Review of Accomplishments and Challenges in Preparation for City Council Strategic Planning ■ Recommendations. Council 1 Review and comment on a presentation of the City's accomplishments, challenges, and finances in preparation for City Council Strategic Planning, and, 2 Recommend topics for strategic planning agenda. ■ Fiscal Impact: None [City Manager] City Manager Wade McKinney and Assistant City Manager Jim Lewis gave a brief overview to the Council The Department Heads also gave an overview of their departments and answered questions of the Council Mayor Beraud adjourned the meeting at 9 35 p.m. for a ten-minute break. Mayor Beraud reconvened the meeting at 9.45 p.m. The Department Heads continued their presentations Mayor Beraud thanked staff for this valuable information, and reminded the Council that staff would like the Councils' comments and topics for the strategic planning session Mayor Beraud reiterated the previous City Council's goal of not implementing new programs or expanding current programs without offsets Council Member Clay stated his appreciation for everything staff has put into these reports Council Member O'Malley commended staff for these reports and stated revenue enhancement and economic development will be a strong challenge for this Council Mayor Pro Tem Fonzi expressed her concern for the challenge of maintaining employee morale in these difficult times as well as her goal of making government more responsive to the public Council Member Kelley stated he is looking forward to the challenge over the next couple of years and his experience in dealing with staff has been very positive CC Minutes 01/13/2009 Page 10 of 13 Approved February 10, 2009 Council Member Clay thanked staff for their hard work and commended City Manager Wade McKinney for creating a strong management team PUBLIC COMMENT David Broadwater discussed his letter to the City Council dated January 13, 2009, (Exhibit A) regarding campaign contributions Mayor Beraud closed the Public Comment period. COUNCIL ANNOUNCEMENTS AND REPORTS 1 Council Member Clay Council Member Clay requests that the following be included on the agenda when Wal-Mart is discussed a. Add two restaurant pads to the front of the Wal-Mart project without reducing the square footage of the main building, consistent with the submittal included in the October 29, 2007, staff report to City Council, b Move the Garden Center outside of the main building, c Add a drive-thru pharmacy to the main building Council Member Clay suggested adding to the discussion of the Wal-Mart project on a future agenda. two restaurant pads to the front of the Wal-Mart project, moving the Garden Center outside the main building, and adding a drive-thru pharmacy to the main building Council Member Clay and City Manager Wade McKinney answered questions of the City Council Members Council Member O'Malley clarified that by adding the restaurant pads, the square footage of the Wal-Mart store would not increase Mayor Pro Tem Fonzi asked staff if approving these items to be included, the process of the Environmental Impact Report would not be delayed Staff stated it would not. PUBLIC COMMENT Bill Schaeffer commended the Council on their conduct during the meeting He asked if the public would have an opportunity for input on Council Member Clay's suggestions Chuck Ward spoke of the need for more restaurants in Atascadero Sandy Jack expressed his support of the restaurant pads Tom Johnson stated he feels these suggestions will bring people to Atascadero CC Minutes 01/13/2009 Page 11 of 13 Approved February 10, 2009 Dennis Schmidt welcomed Council Member Clay's ideas, and spoke of the snowball effect when people come to restaurants or the theatre, and other businesses will locate in Atascadero MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to continue the meeting past 11 00 p.m Motion passed 5.0 by a roll-call vote. Mayor Beraud closed the Public Comment period. Mayor Beraud stated her concern with traffic if the restaurant pads bring in drive- through-type restaurants MOTION By Council Member Clay and seconded by Council Member O'Malley to include on the January 27, 2009, agenda when Wal- Mart is discussed a. Adding two restaurant pads to the front of the Wal-Mart project without reducing the square footage of the main building, consistent with the submittal included in the October 29, 2007, staff report to City Council, b. Moving the Garden Center outside of the main building, C. Adding a drive-thru pharmacy to the main building " Motion passed 4 1 by a roll-call vote. (Beraud opposed) Mayor Beraud stated for the record her concern for increases in traffic and she does not want to prevent people from coming downtown to do their dining and shopping. Council Member O'Malley also stated he would like to make sure those issues are addressed by the E/R if we do go forward. D COMMITTEE REPORTS Manor Beraud stated she attended the Mayors' Round Table last Friday where the budget was discussed and she has spoken with the City Manager to make sure the City is in line for any grant funding which may become available Council Member Kelley reported attending the Youth Task Force and was very impressed with the programs, especially the Bonanza Program drawing 500-600 kids for a night of entertainment. Mayor Beraud stated the High School has been given a grant for green technology for vocational education b.. CC Minutes 01/13/2009 Page 12 of 13 Approved February 10, 2009 Council Member O'Malley stated as Vice Chairperson for the San Luis Obispo Council of Governments and the Transit Authority, the City gets a heads up on issues related to am infrastructure, and he will bring some transit items to the Council for discussion to keep us proactive in this area for funding opportunities Mayor Pro Tem Fonzi reported attending the Air Pollution Control District orientation, and there will be some challenges in Atascadero's future E. INDIVIDUAL DETERMINATION AND/OR ACTION City Manager Wade McKinney reported Colony Square's preliminary approval was received by the bank yesterday for the loan guarantee, and he has calendars featuring the City Fire Truck. F ADJOURNMENT 1110 Mayor Beraud adjourned the meeting at 11 10 p m to the regularly scheduled meeting the Public Finance Authority MINUTES PREPARED BY Susanne Curtis Anshen, Deputy City Clerk The following exhibits are available for review in the City Clerk's office Exhibit A—January 13 2009 Memo from David Broadwater dated January 13 2009 regarding Campaign Contribution Disclosure—Strategic Planning. Tarr CC Minutes 01/13/2009 Page 13 of 13