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HomeMy WebLinkAboutMinutes 031009 Approved April 28, 2009 ctrl r o�Fr—i, r 7` 1918' 1979 CITY OF ATASCADERO CITY COUNCIL MINUTES Tuesday, March 10, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REGULAR SESSION 6 02 P M Mayor Beraud called the meeting to order at 6 00 p m and Mayor Pro Tem Fonzi 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, Interim Public Works Director Geoff English, Deputy Public Works Director David Athey, and City Attorney Brian Pierik APPROVAL OF AGENDA. MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Kelley to approve the agenda. Motion passed 5.0 by a roll-call vote. CC Minutes 3/10/09 Page 1 of 10 Approved April 28, 2009 A. CONSENT CALENDAR 1 Auctust 2008 Accounts Payable and Payroll ■ Fiscal Impact: $3,662,549 47 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for August 2008 [Administrative Services] 2. September 2008 Accounts Payable and Payroll ■ Fiscal Impact: $2,275,557 85 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for September 2008 [Administrative Services] 3. October 2008 Accounts Payable and Payroll ■ Fiscal Impact. $2,122,960 88 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for October 2008 [Administrative Services] 4 November 2008 Accounts Payable and Payroll ■ Fiscal Impact: $2,429,045 53 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for November 2008 [Administrative Services] 5 December 2008 Accounts Payable and Payroll ■ Fiscal Impact: $2,499,077 34 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for December 2008 [Administrative Services] 6 Temporary Road Closure — Calvary Chapel of Atascadero ■ Fiscal Impact: None $190 00 for the installation of Road Closed signs by Public Works Staff The road closure costs will be paid by the applicant ■ Recommendation. Council adopt the Draft Resolution establishing a temporary tow-away zone and authorizing the closure of Palma Avenue from East Mall to West Mall from 4 00 p m Saturday, April 11, 2009 through 3 00 p m Sunday, April 12, 2009 for events in the Sunken Gardens by Calvary Chapel of Atascadero [Public Works] 7 Temporary Road Closure — Sunken Gardens Yard Sale ■ Fiscal Impact: $190 00 per event for the installation of Road Closed signs by Public Works Staff CC Minutes 3/10/09 Page 2 of 10 Approved April 28, 2009 ■ Recommendation. Council adopt the Draft Resolution establishing a temporary tow-away zone and authorizing the closure of Palma Avenue from West Mall to East Mall on Saturday, April 18, 2009, from 5 00 a.m to 4 00 p m for the annual Sunken Gardens Yard Sale [Public Works] 8. EI Verano Avenue Overlay Project Award — City Bid No. 2009-002 ■ Fiscal Impact: $113,710 93 to be paid out of Proposition 42 "Traffic Relief Congestion Funds " ■ Recommendations. Council 1 Authorize the City Manager to execute a contract with Michael Frederick Paving, Inc , in the amount of $113,710 93 for construction of the EI Verano Avenue Overlay Project; and, 2 Authorize the Public Works Director to intermittently close portions of EI Verano Avenue during the construction period, and, 3 Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. [Public Works] MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Clay to approve the Consent Calendar (Item A- 6, Resolution No 2009-010, Item No A-7, Resolution No 2009-011, and Item No A-8, Contract No 2009-002.) Motion passed 5.0 by a roll-call vote. Mayor Beraud offered the City's condolences to the tenants and owner of the North County Christian Thrift Store for the loss they experienced in the fire this week. COMMUNITY FORUM Pastor Steve Shively, Calvary Chapel, one of the tenants displaced by the fire, thanked police and fire staff and offered a prayer Ann Ketcherside, Business Friends, spoke about their recent meeting and the donations provided by local businesses Steve Martin, Atascadero Main Street, thanked the police and fire department for protecting the downtown and expressed regret for the loss of the historic building He announced special events for the summer and the live Internet radio on their website Jack Porter, President of the Atascadero Chamber, announced their after-hours mixer for March 19th at 5 30 p m hosted by the Atascadero Youth Task Force at the high school gym Jim Shannon stated that now a great time for our community to come together to help those impacted by the recent fire and expressed his hope to leave the negativity behind tow CC Minutes 3/10/09 Page 3 of 10 Approved April 28, 2009 David Broadwater thanked police and fire for preventing further damage downtown He said the decision to have the meeting on the Rotunda Building televised was a good decision He stated it was not appropriate for city staff to attend the recent retreat when there are tight budgetary cuts being made and when staff is being furloughed and asked to take pay cuts Mayor Beraud closed the Community Forum period. City Manager Wade McKinney stated the City has not asked any staff to retire, give up salary, or eliminate positions He said the City has asked for ideas from staff on cost- cutting ideas Mr McKinney explained the management team's strategic planning workshop in Carmel Valley was important for staff to promote leadership, education, and action plans for the Council's goals They have attended this workshop every year, the last several years in Carmel Valley They are able to keep the cost to a minimum by staying at an older lodge with no extra frills, car pooling, and even preparing some of their own meals The Council expressed their support of the workshop's value to the City City Manager Wade McKinney stated there will be a future presentation on the recent fire and relocation efforts, and Redevelopment Agency staff are working with the displaced tenants to assist in their re-location ' B PUBLIC HEARINGS None C MANAGEMENT REPORTS 1 Chamber of Commerce Building /City Property (6550 EI Camino Real) ■ Fiscal Impact: The total impact to the City would be the reduction in the revenue from the property lease, from $1,000 to $1 00 annually, and ultimately the cost for demolition of the building ■ Recommendations. Council 1 Authorize the City Manager to terminate the Land Lease Agreement with the Chamber of Commerce of the property at 6550 EI Camino Real, and, 2 Authorize the City Manager to execute a Land Lease Agreement with Atascadero Main Street for the property at 6550 EI Camino Real for $1 00 annually [City Manager] City Manager Wade McKinney gave the staff report and answered questions of the City Council PUBLIC COMMENT �rwr CC Minutes 3/10/09 Page 4 of 10 Approved April 28, 2009 Jack Porter, Chamber of Commerce, stated his board is not interested in being the landlord They have met with the Main Street board and the Chamber wants to get out of the lease with the City and allow Main Street to get into the building Steve Martin, Main Street, stated the staff recommendation is acceptable to Main Street. Moving into this building will positively impact their ability to stage events in the downtown Sandy Jack stated he does not see any problem as the City owns the land and ought to own the building Mayor Beraud closed the Public Comment period. MOTION By Council Member Clay and seconded by Council Member O'Malley to put this item on the Redevelopment Agency Agenda to purchase the building at 6550 EI Camino Real, to lease the building to the Atascadero Main Street program for one dollar ($1 00) a year, and to put this item on the fast track for completion Motion passed 5.0 by a roll-call vote. 2. Atascadero Local Economic Stimulus and Infrastructure Investment Program am ■ Fiscal Impact: The funds for all but two of the projects listed above were previously allocated in the Fiscal Year 2007-2009 Budget by the City Council ■ Recommendation. Council endorse the Atascadero Local Economic Stimulus and Infrastructure Investment Program [City Manager] Assistant City Manager Jim Lewis gave the staff report and answered questions of the Council, along with Interim Public Works Director Geoff English and City Attorney Brian Pierik. PUBLIC COMMENT Joan O'Keefe asked what makes a "smart" project and if the sewer project was self- capitalizing meaning no City funds are used She also asked what would mark the beginning of these projects Ann Ketcherside stated $6 million does not sound like the City is tightening their belts and she would like to meet with staff to go over these items as some streets are not in as much need as others She would like to see local business get some funding David Broadwater stated he is pleased with the project and hopes the press release is on the Internet .r. CC Minutes 3/10/09 Page 5 of 10 Approved April 28, 2009 Steve Martin, Atascadero Main Street, stated government is most effective at the local level, and this is a prime example of government affecting real world problems Mayor Beraud closed the Public Comment period. Assistant City Manager Jim Lewis stated the "moment" a project is started would be as soon as it gets out to the contractors He stated he believes these are all smart projects that make sense to the community These funds are restricted capital, such as gas taxes, which are capital funds for capital purposes MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to endorse the Atascadero Local Economic Stimulus and Infrastructure Investment Program Motion passed 5.0 on a roll-call vote. 3. Discussion of Mayor and Mayor Pro Tem Selection • Fiscal Impact: The repeal of Resolution No 2006-084 has no fiscal impact. Ballot measure election costs are contingent upon which option is selected by the Council ■ Recommendations. Council 1 Adopt Draft Resolution A, consistent with Council direction at the January, 2009, Strategic Planning Workshop, repealing Resolution No am 2006-084, which provided a method for the selection of Mayor and Mayor Pro Tem, and, 2 Give the City Clerk direction concerning a ballot measure Does the City Council want to submit a ballot measure establishing a directly elected Mayor position to the voters? And if yes, when? [City Manager] City Clerk / Assistant to the City Manager Marcia McClure Torgerson gave the staff report Ms Torgerson and City Attorney Brian Pierik answered questions of the City Council PUBLIC COMMENT Joan O'Keefe expressed her support for the Mayor rotation process Heather Moreno stated she supported an elected Mayor, however, there could be several people running for Mayor and none having a majority of the votes Len Colamarino stated his support for the elected mayor because it provides something akin to an executive officer in our municipal government, and spoke of possible responsibilities of the Mayor's office CC Minutes 3/10/09 Page 6 of 10 Approved April 28, 2009 Bruce Bevans said he can see arguments on both sides, however, does not see the need to repeal Resolution 2006-084 until we have an elected mayor Ron Walters stated we should retain Resolution 2006-084 until we decide to elect a Mayor He asked if a group brought its own initiative forward, would they be required to have that initiative with the same restrictions of a two-year and four-year term options Sandy Jack stated he believes the only way to shape a common vision that the majority will buy into is to have a Mayor elected by the majority of the people He recommended rescinding the current resolution returning to the Government Code provisions David Broadwater stated he is aware there are advantages of an elected Mayor, but he is against $35,000 spent on a special election in June of 2010, and favors $2,000 in November 2010 election He stated he does not see a need to rescind the existing Resolution Mayor Beraud closed the Public Comment period. The City Council held a discussion on the purpose for the change to an elected Mayor, the fiscal impact for such an election process, and the timing for repealing Resolution No 2006-084 providing for rotation of the office of Mayor MOTION By Council Member O'Malley and seconded by Council Member Clay to Adopt Draft Resolution A, consistent with Council direction at the January, 2009, Strategic Planning Workshop, repealing Resolution No 2006-084, which provided a method for the selection of Mayor and Mayor Pro Tem (Resolution No. 2009-012) Mayor Beraud expressed her concern that repealing Resolution A would be premature and a person does not need to be in the majority to do a good job representing the community The City Council Members held discussion on the process available for selecting the Mayor Council Member Clay called for the motion Motion passed 4 1 by a roll-call vote. (Mayor Beraud opposed.) City Clerk / Assistant to the City Manager Marcia McClure Torgerson and City Attorney Brian Pierik answered questions of the City Council members as to the second staff recommendation to provide the City Clerk with direction toward establishing a ballot measure for the office of Mayor as an elected office MOTION By Council Member Clay and seconded by Council Member O'Malley to go forward with a ballot measure to elect a City Mayor and directing the City Clerk to bring CC Minutes 3/10/09 Page 7 of 10 Approved April 28, 2009 back at a future meeting details as to the process and issues necessary to accomplish this motion Motion passed 5.0 on a roll-call vote. Ms Torgerson asked the Council for specific direction The Council asked her to bring back election date options, how timing of the initiation of a ballot measure would have on future elections, an explanation of primaries, and options on how to manage vacancies that could occur on the Council as a result of existing Council Members running for Mayor Mayor Beraud recessed the meeting at 8.27 p.m. Mayor Beraud reconvened at 8.42 p.m. 4 Update of Status of State Mandated Storm Water, Wastewater and Onsite Wastewater Treatment System Regulations ■ Fiscal Impact: This is an update only Each issue has its own financial impact associated with its implementation ■ Recommendation. Council receive this update on storm and wastewater issues facing the City [Public Works] Deputy Director of Public Works David Athey gave the staff report and answered questions of the City Council PUBLIC COMMENT None There was a consensus of the City Council members to receive this update on the Storm Wastewater issues facing the City COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Clay commended the Planning Commission for approving the Tractor Supply Store, as the City needs to move quickly on business opportunities for Atascadero Council Member Kelley suggested we send a personalized letter to each business expressing interest in locating in Atascadero, conveying they are a Council of action and are here to help City Manager Wade McKinney said this is possible and staff could return to the Council with a draft. Mayor Pro Tem Fonzi suggested a change to the agenda format adding a section before Community Forum where staff could provide an update report about the City's business update on economic development or fire department activity CC Minutes 3/10/09 Page 8 of 10 Approved April 28, 2009 There was a consensus of the City Council to alter the Council Agenda to provide for a City Business Update section prior to the Community Forum Mayor Beraud spoke of her interest in the Mayors' Climate Protection Agreement and would like to sign the document and begin working on an ordinance for the reduction of plastic water bottles and Styrofoam used by the City The Council Members held a brief discussion on the issue City Attorney Brian Pierik stated if there is to be more discussion on this issue, it needs to be limited to whether or not the Council wants to put this on a future Council Agenda. There was no consensus reached among the Council D COMMITTEE REPORTS Council Member Kelley 1 Attended the Youth Task Force meeting at the High School and they will sponsor the Chamber Mixer and he hoped the Council Members would attend Council Member Clay 1 The VFW will welcome home a veteran from the Iraq War and would like to have Council Members present. Mayor Pro Tem Fonzi suggested the information be provided to the Council Members by an email from staff Council Member O'Malley 1 The EVC is going ahead with few presentations and will have staff provide the Council with the information as they are not open to the public 2 The League of California Cities, tri-counties region, will hold an event on May 1 , 2009, in Goleta which is a major fundraiser Mayor Pro Tem Fonzi 1 Representative Sam Blakeslee will be at the Veterans Memorial on Friday, March 13 at 12 noon with the Marine Corps Honor Guard E. INDIVIDUAL DETERMINATION AND/OR ACTION City Manager • Kick-off for the Stimulus Package tomorrow, March 11, at 4 p m at City Hall • March 12, 6 p m at City Hall, there will be a special City Council meeting to review the Rotunda Building • March 25, 2009, in the Council Chambers, at 12 30 to 1 30 p m will be a follow- up of the Council's Strategic Planning workshop • March 31, 2009, at 1 p m for the Mayor and Mayor Pro Tem there is a meeting among the Chair and Vice Chairs of the Planning Commission, Parks and Recreation Commission, and the staff responsible for those Commissions CC Minutes 3/10/09 Page 9 of 10 Approved April 28, 2009 • March 31, 2009, at 6 p m at City Hall there will be a training session for the City Council, Planning Commission and Parks and Recreation Commission Assistant City Manager • Updated the City Council on the Colony Square development reporting the loan has been approved by Mission Community Bank, which is in active negotiation with bank partners He said documentation and underwriting will begin in a few weeks and anticipates returning to the City Council with a report in four to six weeks F ADJOURNMENT 9 15 p m MINUTES PREPARED BY Susanne Anshen, Deputy City Clerk r law CC Minutes 3/10/09 Page 10 of 10