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HomeMy WebLinkAboutMinutes 022409 Approved April 14, 2009 ra�.F 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. CC Minutes 02/24/09 Page 1 of 12 Approved April 14, 2009 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 CC Minutes 02/24/09 Page 2 of 12 Approved April 14, 2009 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 CC Minutes 02/24/09 Page 3 of 12 Approved April 14, 2009 Tino Santos spoke about the audience clapping during meetings and asked when and who decided people could no longer clap am 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] CC Minutes 02/24/09 Page 4 of 12 Approved April 14, 2009 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 �.r CC Minutes 02/24/09 Page 5 of 12 Approved April 14, 2009 C MANAGEMENT REPORTS um 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 CC Minutes 02/24/09 Page 6 of 12 Approved April 14, 2009 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 CC Minutes 02/24/09 Page 7 of 12 Approved April 14, 2009 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 CC Minutes 02/24/09 Page 8 of 12 Approved April 14, 2009 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 CC Minutes 02/24/09 Page 9 of 12 Approved April 14, 2009 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 CC Minutes 02/24/09 Page 10 of 12 Approved April 14, 2009 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 CC Minutes 02/24/09 Page 11 of 12 Approved April 14, 2009 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. CC Minutes 02/24/09 Page 12 of 12