HomeMy WebLinkAboutMinutes 022409 Approved April 14, 2009
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CITY OF A TASCADERO
CITY COUNCIL
MINUTES
Tuesday, February 24, 2009
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
REGULAR SESSION 6 00 P M
Mayor Beraud called the meeting to order at 6 00 p m and Council Member Clay 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,
Community Development Director Warren Frace, Community Services
Director Brady Cherry, Interim Public Works Director Geoff English,
City Attorney Brian Pierik, and Chief of Police Jim Mulhall
APPROVAL OF AGENDA.
MOTION By Council Member Kelley and seconded by Council
Member Clay to approve the agenda with the addition of
a brief statement by Council Member O'Malley prior to
the Community Forum
Motion passed 5.0 by a roll-call vote.
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PRESENTATION
1 FBI Presentation to Police Chief Jim Mulhall
Kevin Miles, Senior Special Agent with the San Luis County Bomb Task Force
presented a plaque to Police Chief Jim Mulhall for his years of service (1985 to 2008)
on the San Luis Obispo County Bomb Task Force from the Federal Bureau of
Investigation
A. CONSENT CALENDAR
1 Supplemental Law Enforcement Services Fund
■ Fiscal Impact: No fiscal impact to the General Fund
■ Recommendation. Council approve the 2008/2009 Supplemental Law
Enforcement Services Fund (SLESF) expenditure plan in the amount of
$100,000 00 [Police]
2. Waste Water Collection System Infrastructure Repair Projects — Request
for Appropriation
■ Fiscal Impact: $200,000 of Wastewater Fund reserves toward sanitary
sewer manhole rehabilitation and sewer-line trench settling projects
■ Recommendation. Council authorize the Administrative Services Director
to allocate $200,000 in Wastewater Funds toward sanitary sewer manhole
rehabilitation and sewer-line trench settling projects [Public Works]
Mayor Pro Tem Fonzi asked to pull Item No A-1 from the Consent Calendar
MOTION By Council Member Clay and seconded by Mayor Pro
Tem Fonzi to approve Item No A-2 on the Consent
Calendar
Motion passed 5.0 by a roll-call vote
Item #A-1 Mayor Pro Tem Fonzi stated she was very pleased to see that the City was
getting automatic external defibrillators, which can mean the difference between life and
death on emergency calls
MOTION By Mayor Pro Tem Fonzi and seconded by Council
Member Clay to approve Item No A-1 on the Consent
Calendar
Motion passed 5.0 by a roll-call vote
Council Member O'Malley expressed his concern that some of his frustration over the
last couple years carried over to his current City Council relationships and apologized to
Ellen Beraud for projecting that frustration on to her Council Member O'Malley stated
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in the future he would prefer to work together to improve the decision-making process
and accomplish great things for the community Mayor Beraud accepted Council
Member O'Malley's apology Council Member Kelley thanked both Council Member
O'Malley and Mayor Beraud with his hope we can go forward in a positive manner
COMMUNITY FORUM
Marsha Alter with Plein Air Poets stated they have recently published a book entitled,
Poems for Endangered Places and presented a copy to each City Council Member
Jane Elsdon shared a poem from the book called "Natural Pleasures "
Lee Perkins spoke of the June 12, 2007 meeting wherein Council Member Clay asked
Tom Comar what his marital status was and her inability to get this issue on the City
Council agenda to establish a remedy process for these issues
Ray Johnson, representing A Better Atascadero, stated civil discussion is the best way
to approach decisions, and complimented the City Council and staff for streamlining the
permit process
Joan O'Keefe stated the Constitution recognizes the right of the minority to have a
voice She also stated there will be a net loss of Transient Occupancy Tax to the City if
J P Patel is allowed to convert the Colony Inn hotel to senior living
Steve Martin, Atascadero Main Street Association, said the Sweetheart Stroll on
Valentine's Day was wonderful and had a good turnout. Mr Martin thanked the City
Council for the streetscape improvements downtown Mr Martin also announced
upcoming summer events
David Broadwater restated his request for videotaping and broadcasting all City Council
meetings Mr Broadwater read a letter regarding when the Atascadero Municipal Code
has been violated with no resolution or investigation Mr Broadwater stated he was
unaware of a vote or policy change to allow clapping, and asked when the decision was
made and who made the policy change (Exhibit A)
Jim Shannon spoke about the same negative people speaking at every City Council
meeting, and his preference to hear more positive comments about Atascadero
Mike Brennler stated loud, boisterous displays, particularly when citizens are voicing
opinions during public comment periods, are extremely intimidating to others
Bruce Bevins with Vision Atascadero, read a statement from Mike Latner who could not
attend regarding the Council discourse, stating incivility and the tense atmosphere
keeps people from attending meetings
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Tino Santos spoke about the audience clapping during meetings and asked when and
who decided people could no longer clap
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Joanne Main, Atascadero Chamber of Commerce, announced a workshop by the
author of It's Not The Big That Eat The Small, But The Fast That Eat The Slow,
Laurence Hauton on March 10, 2009, 7 30 am to 11 am at a cost of $30 per person
Joanne Main stated it was very heartening to hear the City Council has put differences
behind them
Mike Zappas stated the old City Hall has been neglected too long and requested the
City Council provide updates at their meetings to give citizens a sense of movement on
the project and a public input forum on possible uses
Madelyn McDaniel spoke about the Sweetheart Stroll event by the Main Street
Association as a great event that was well-attended She also stated she appreciated
the Council meeting's polite audience and the great job done by the City Council
Members and the Mayor
Al Fonzi, Vice Chairperson for the Atascadero Memorial Foundation, announced the
Atascadero News has given permission for the distribution, for free, of an evening photo
of the Memorial, and presented the City with a framed copy of the photograph
Mayor Beraud closed the Community Forum period.
Mayor Beraud stated there is no policy on clapping during City Council meetings which
is decided by the Mayor, and reminded people to be respectful The other members of
the City Council supported this comment.
Mayor Beraud asked the City Manager when there will be an update on the City Hall
building City Manager Wade McKinney stated there may not be enough to report at
each City Council meeting, but currently staff has an update planned for March 12,
2009, and announcement will to go out soon
B PUBLIC HEARINGS
1 2009 Community Development Block Grant Allocation
■ Ex Parte Communications
■ Fiscal Impact: Available funds are estimated at $183,000 for the 2009
cycle and $88,644 in reallocated prior year funds for total funding available
estimated to be $271,644
■ Recommendation. City Council forward to the County Board of
Supervisors allocation recommendations for the 2009 Community
Development Block Grant (CDBG) funds [Public Works]
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Interim Public Works Director Geoff English gave the staff report and answered
questions of the City Council Members
EXPARTE
• Council Member O'Malley spoke with the Director for the North County Women's
Resource, with members of Big Brothers and Big Sisters, and members of
People's Self Help Housing Council Member O'Malley stated he serves on the
local Board of Directors for ECO and the EI Camino Homeless Association, and
asked the City Attorney Brian Pirek if he could participate on this due to this
position on the private non-profit board City Attorney Brian Pierik stated he
could participate as the position is an unpaid position
• Mayor Pro Tem Fonzi stated she met with the head of Peoples' Self-Help
Housing and ECO, but has not discussed this item
PUBLIC COMMENT
Joan O'Keefe would like the funds to get out to the public and expressed concern that
Transitional Food and Care did not receive a grant for their services Ms O'Keefe
asked to have them considered in the future
Barbara Wiemann with Loaves and Fishes expressed thanks for assistance through the
CDBG funds
Mike Hedges, EI Camino Homeless Association, thanked the City for considering
helping the homeless and stated this money will be well-spent.
Mayor Beraud closed the Public Comment period.
MOTION By Council Member O'Malley and seconded by Council
Member Clay to forward to the County Board of
Supervisors allocation recommendations for the 2009
Community Development Block Grant (CDBG) funds.
Motion passed 5.0 by a roll-call vote.
Mayor Beraud recessed the meeting at 7.02 p.m.
Mayor Beraud reconvened the meeting at 7.09 pm
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C MANAGEMENT REPORTS
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1 Economic Development Strategy— Report of Findings
■ Fiscal Impact. None
■ Recommendation. Council receive an initial report of findings from
Applied Development Economics and provide feedback on the report.
[City Manager]
Assistant City Manager Jim Lewis introduced Doug Svensson with Applied
Development Economics, who gave the progress report for the Atascadero Economic
Development Plan and answered questions of the City Council Members
PUBLIC COMMENT
Ray Wiemann suggested a wine museum would tie together with tourism and the old
City Hall would be a great location Mr Wiemann listed what could be displayed in a
wine museum. Mr Wiemann also remarked on the green curriculum developed by
John Miron at the Atascadero High School tying in with the green jobs development.
(Exhibit B)
Ray Johnson stated we need to tap into the Internet to take advantage of the Internet's
capacity to grow our retail sales
Bruce Bevins was impressed with ADE's report stating ADE has addressed the quality
of life in Atascadero in their study Mr Bevins stated economic development will
provide for police, fire and roads, but the quality of life needs to be at the top of our goal
list.
Len Colamarino stated ADE's analysis was very probing and the word "authenticity" is
an asset Atascadero exemplifies Mr Colamarino stated the analysis is very forward-
looking and takes advantage of Atascadero's past for branding
Michelle Diro discussed the article in this month's Sunset magazine entitled "20 of the
Best Small Towns" and read a passage about self-reinvention and community She
stated we need to try to attract restaurants that are not usually found in the county, or a
public market and things that are unique and earth-friendly
Chuck Ward, Atascadero Veterans' Memorial Foundation, stated the Memorial needs to
be included as the No 1 tourist attraction in Atascadero Mr Ward mentioned Sam
Blakeslee's Bill to establish the area along the Highway from North of Paso Robles to
San Luis Obispo as part of the Purple Heart Trail and the center gemstone for that trail
is our Veterans' Memorial, bringing hundreds of veteran tourists to Atascadero
Mike Manchak, Economic Vitality Corporation, congratulated ADE, the City and the staff
for taking the City where it needs to be with this plan He stated there are indirect
trrr
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benefits for this City to be so close to Paso Robles in regard to the companies, jobs and
taxes that can come from the wine industry Mr Manchak stated that there will be a
partnership with PG&E that will be announced soon that will help businesses save
money and the City could create many jobs in the renewable sector Finally, he
announced this Friday, here at 9 am, the EVC will co-host an event for the first Space
Center in the state that will be near Vandenberg Air Force Base, which will spark
science and math in kids and create some tourism dollars
Ann Hatch stated we have the ability to build our community without Federal funds,
such as was done at the Veterans' Memorial She stated the Highway 41 corridor
needs to be established as a tourism and services magnet as it is a gateway to the
beach Finally, she stated we need family sustainability programs
Joan O'Keefe asked about the focus of nodes and how they are going to be different
than the existing centers along EI Camino Real Ms O'Keefe asked for more
information on concentration of the downtown, and if the consultant said we need more
lodging
Mike Brennler said he appreciated the work of ADE on this report and supports
revitalizing downtown Mr Brennler stated the City needs to accomplish projects in a
more timely manner, such as the Printery, which needs to be protected
Jim Patterson, San Luis Obispo County Supervisor, stated he was confused as to what
the consultant's strategy was in regard to consolidating the strip development and
focusing on the downtown, and developing major centers south of the downtown Also,
Mr Patterson stated the need for recreational opportunities and the need to emphasize
Atascadero's natural assets
Joanne Main, Atascadero Chamber of Commerce, commended ADE's report and asked
if zoning would be changed to implement the recommendations She also asked when
the action plan is developed, that ADE be allowed to be creative and open to new ideas
for this community
Jonni Biaggini, former CEO of the San Luis Obispo County Visitors and Conference
Bureau, spoke about Atascadero's natural assets, which should be considered when
the brand is developed She warned that Atascadero must be careful not to use
branding already in use
Scott Martin spoke of some of the terms in the report not accurately describing the
economic situation and the need to provide local residents with a way to get around
their town safely; encouraging people to get out of their cars Mr Martin stated
"authentic" does not mean we cannot change
Jay DeCu stated ADE did a great job letting us know where consumer dollars are going
and spoke about our need to provide recreation for our youth through sports parks
because recreation tourism is huge
IVW
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Tom Lewis, Atascadero Historical Society, stated they will do their share to preserve
am and enhance the authenticity and history of Atascadero
Mayor Beraud closed the Public Comment period.
Mayor Beraud recessed the meeting at 8.58 p.m
Mayor Beraud reconvened the meeting at 9.10 p.m.
The City Council Members spoke in favor of the ideas offered by the public such as the
wine museum and public marketplace They offered suggestions to Mr Svensson
(ADE) to focus on transit needs, recreational venues, the Veterans' Memorial, Stadium
Park, the Zoo, and Lake Park Pavilion as well as downtown when finalizing the
economic development plan
The Council Members thanked Applied Economic Development and the public for their
comments and input.
MOTION By Mayor Pro Tem Fonzi and seconded by Council
Member O'Malley to receive the initial report of findings
from Applied Development Economics.
Motion passed 5.0 by a roll-call vote.
2. Adoption of Mission Statement for the City of Atascadero
■ Fiscal Impact: None
■ Recommendation. Council adopt the Draft Mission Statement for the City
of Atascadero [City Manager]
City Manager Wade McKinney gave the staff report and answered questions of the City
Council Members
PUBLIC COMMENT
Paul Schaeffer recommended not leaving out responsiveness to community
Mayor Beraud closed the Public Comment period.
MOTION By Council Member O'Malley and seconded by Council
Member Clay to adopt the Draft Mission Statement for the
City of Atascadero
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Council Member Kelley suggested the Mission Statement be placed on the wall at City
Hall The Council Members all agreed they would also like it on the City's website and
two the back of the Council Members' business cards when they are reprinted
MOTION By Council Member O'Malley and seconded by Council
Member Clay to adopt the Draft Mission Statement for
the City of Atascadero, and to have the Mission
Statement Posted in City Hall, on the City's Website, and
on the back of the City Council business cards when
they are reprinted
Motion passed 5.0 by a roll-call vote.
3. Council Norms and Procedures 2009 — Consideration of Amendments
■ Fiscal Impact: None
■ Recommendation Council
1 Review Council's suggested changes from Strategic Planning
Workshop of January 29, 2009, amend if desired, and approve the
Council Norms and Procedures 2009, and,
2 Give direction regarding revisions, if any, to the Council Norms with
regard to electronic communications by Council Members [City
Manager]
City Clerk / Assistant to the City Manager Marcia McClure Torgerson gave the staff
report City Manager Wade McKinney, City Clerk / Assistant to the City Manager
Marcia McClure Torgerson, and City Attorney Brian Pierik answered questions of the
City Council Members
PUBLIC COMMENT
Midori Feldman asked if the Resolution still exists even if it is removed from the Council
Norms and Procedures, and why is it being removed in the middle of the year
Mike Brennler asked for a clarification on wording in the Norms concerning citizen
recourse
David Broadwater pointed out Council Norms deal with interaction of Council and staff,
but not treatment of the public He recommended a Council Norm that had to do with
treating the public with respect and to encourage participation
Mayor Beraud closed the Public Comment period.
City Clerk / Assistant to the City Manager Marcia McClure Torgerson explained that the
Council had asked that the reference to the mayor selection Resolution be removed
from the Council Norms and be reconsidered at a future Council meeting She
explained that the Resolution will still exist; it will just not be listed in the Council Norms
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Council Member O'Malley pointed out Norms have not been changed in a number of
om years, and may not have much value There were reasons for deciding to rotate as
mayor, which may no longer exist as well
MOTION By Council Member Clay and seconded by Council
Member Kelley to approve the amended Council Norms
and Procedures 2009
Motion passed 5.0 by a roll-call vote.
City Attorney Brian Pierik gave the staff report on Item No C-3(2) and discussed the
use of communications (e-mails and websites) and the Brown Act rules regarding
attending meetings City Attorney Brian Pierik and City Manager Wade McKinney
answered questions of the City Council Members
PUBLIC COMMENT
Ray Wiemann stated this issue has been adequately addressed by the disclaimer He
feels including this in Council Norms could go so far as to inhibit communication with
constituents
Mike Brennler favored newsletters to constituents Mr Brennler again asked if the
Norms are breached, what the recourses are for a citizen
David Broadwater spoke on what communications would not be a violation of the Brown
Act.
Midori Feldman thanked the Council Members for mending fences She stated she
appreciates Atascadero Alerts as they prompted her to get involved and they did not
solicit or state positions
Bill Schaeffer stated in regard to Atascadero Alerts, he encouraged Council Members to
reach out to the public for information which gets the public to attend and participate
Mayor Beraud closed the Public Comment period.
The Council Members held a discussion on fair communication and their desire to have
all city meetings video- and/or audio-taped whenever feasible
City Attorney Brian Pierik stated he feels staff has enough direction to come back to the
Council at a future meeting with some appropriate language
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MOTION By Mayor Pro Tem Fonzi and seconded by Council
am Member Kelley and to request staff review the policy of
audio taping or videotaping all Council meetings
whenever feasible and direct staff to come back with
appropriate wording
Motion passed 5.0 on a roll-call vote.
MOTION By Council Member Clay and seconded by Council
Member O'Malley to proceed with the City Council
meeting past 11 00 p m
Motion passed 5.0 on a roll-call vote.
Mayor Beraud asked if the Council Members wanted to open a discussion on the
suggestions on how to deal with electronic communications Council Member O'Malley
suggested the Mayor review this with staff
City Manager Wade McKinney stated staff will work on some draft Norms and bring it
back to the City Council
COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Clay complimented the Council Members for their commitment to the
community and noted they are all hard-working
D COMMITTEE REPORTS
Council Member O'Malley will attend the EVC meeting where the topic will be the
agricultural industry as the County is looking at banning events at wineries At the last
executive meeting of the EVC he mentioned the Economic Development presentation
made by Assistant City Manager Jim Lewis, and the County Board would like to hear
this presentation
Council Member O'Malley stated the California League of Cities is working on some
events, one on May 1, 2009, with golf in the afternoon and dinner with key speakers in
the evening Also, he reported the Annual Conference will be in San Jose on
September 16 to 19
Council Member O'Malley reported the San Luis Obispo Regional Transportation
Authority meeting is this Friday at 8 30 a.m to 1 00 p m at the San Luis Obispo County
Library where some major funding decisions will be made in the next six months
,tire
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E. INDIVIDUAL DETERMINATION AND/OR ACTION
Mayor Pro Tem Fonzi asked Assistant City Manager Jim Lewis about Colony Square
and thanked him for his presentation at the Empower Hour Assistant City Manager Jim
Lewis reported Mission Community Bank is lining up partner banks, that both loans
have been approved, and they are working on underwriting
Community Development Director Warren Frace stated staff has been notifying people
with permits they can extend them by paying their outstanding plan-check fees He
stated the deadline is this Friday, February 27, 2009 Mr Frace stated we have
collected over $140,000, exceeding expectations, and a staff report will be brought to
Council in late March or early April
Council Member Clay asked about a payment program for some who do not have the
entire fee at this time, and Mr Frace stated staff will come back to the City Council for
potential alternatives
F ADJOURNMENT 11 15 p m
MINUTES PREPARED BY
Susanne Anshen, Deputy City Clerk
The following exhibits are available for review in the City Clerk's office
Exhibit A- Letter from David Broadwater dated February 24, 2009
Exhibit B- Mr Ray Wiemann's list of displays for a wine museum.
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