HomeMy WebLinkAboutMinutes 051209 Approved June 9, 2009
low e5 F
1979 CITY OF A TA SCA DERO
CITY COUNCIL
MINUTES
Tuesday, May 12, 2009
City Council Closed Session 5 00 P M
Redevelopment Agency- 6 00 P M
City Council Regular Session Immediately following
the Redevelopment Agency meeting
CLOSED SESSION 5 00 P M.
1 PUBLIC COMMENT— CLOSED SESSION
Mike Brennler asked the Council to take a look at the position of Assistant City
Manager, and strongly urged the Council to hire a new City Manager He made a
standing request for public disclosure about any taxpayer dollars that are spent related
to the litigation involving the Police Department that was discussed in Closed Session a
few months ago
2. CALL TO ORDER
a. Conference with Labor Negotiators (Govt. Code Sec 54957 6)
Agency designated representatives Wade McKinney, City Manager;
Jim Lewis, Assistant City Manager
Employee Organizations Service Employees International Union, Local
620, Atascadero Police Association, Mid-Management/Professional
Employees, Atascadero Firefighters Bargaining Unit; Non-Represented
Professional and Management Workers and Confidential Employees
am
CC Minutes of 05/12/09
Page 1 of 12
Approved June 9, 2009
b PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title CITY MANAGER
c PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title CITY ATTORNEY
3. ADJOURN
CLOSED SESSION REPORT
Mayor Beraud announced that at this time the City Council finds the performance of
both the City Attorney and the City Manager to be satisfactory
REDEVELOPMENT AGENCY 6 00 P M
REGULAR SESSION
Mayor Beraud called the meeting to order at 6 18 p m , and Council Member Clay led
the Pledge of Allegiance
ROLL CALL.
Present: Council Members Clay, O'Malley, Kelley, Fonzi and Mayor Beraud
Absent: None
Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson
Staff Present City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Public Works Director Russ
Thompson, Police Chief Jim Mulhall, Fire Chief Kurt Stone 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.
om
CC Minutes of 05/12/09
Page 2 of 12
Approved June 9, 2009
A. CONSENT CALENDAR
1 City Council Meeting Draft Minutes — March 24, 2009
Recommendation. Council approve the City Council Meeting Draft
Minutes of March 24, 2009 [City Clerk]
2. City Council Special Meetinq Draft Minutes — March 25, 2009
■ Recommendation. Council approve the City Council Special Meeting
Draft Minutes of March 25, 2009 [City Clerk]
3. City Council Special Joint Meetinq Draft Minutes — March 31, 2009
■ Recommendation Council approve the City Council Special Joint Meeting
Draft Minutes of March 31, 2009 [City Clerk]
4. Apple Valley Assessment Districts
■ Fiscal Impact: Annual assessments for 2009/2010 will total $35,889 for
road/drainage system maintenance and $16,673 for landscape and
lighting maintenance These amounts will be assessed to the owners of
parcels in Apple Valley
■ Recommendations. Council
1 Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Atascadero Street and Storm
Drain Maintenance District No 01 (Apple Valley) for fiscal year
2009/2010
am 2 Adopt Draft Resolution B accepting and preliminarily approving the
Engineer's Annual Levy Report regarding the Atascadero Street and
Storm Drain Maintenance District No 01 (Apple Valley)
3 Adopt Draft Resolution C declaring the City's intention to levy and
collect annual assessments within Atascadero Street and Storm Drain
Maintenance District No 01 (Apple Valley) in fiscal year 2009/2010,
and to appoint a time and place for the public hearing on these
matters
4 Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting
Maintenance District No 01 (Apple Valley) for fiscal year 2009/2010
pursuant to the provisions of Part 2 of Division 15 of the California
Streets and Highways Code
5 Adopt Draft Resolution E for preliminary approval of the Annual
Engineer's Levy Report for the Atascadero Landscaping and Lighting
Maintenance District No 01 (Apple Valley) for fiscal year 2009/2010
6 Adopt Draft Resolution F declaring the City's intention to levy and
collect assessments for the Atascadero Landscaping and Lighting
Maintenance District No 01 (Apple Valley) for fiscal year 2009/2010
[Administrative Services]
CC Minutes of 05/12/09
Page 3 of 12
Approved June 9, 2009
5 De Anza Estates Assessment Districts
■ Fiscal Impact: Annual assessments for 2009/2010 will total $46,900 for
road/drainage system maintenance and $28,870 for landscape and
lighting maintenance These amounts will be assessed to the owners of
parcels in De Anza Estates The General Fund will contribute $840 for
half of the maintenance costs of the trails
■ Recommendations. Council
1 Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Atascadero Street and Storm
Drain Maintenance District No 03 (De Anza Estates) for fiscal year
2009/2010
2 Adopt Draft Resolution B accepting and preliminarily approving the
Engineer's Annual Levy Report regarding the Atascadero Street and
Storm Drain Maintenance District No 03 (De Anza Estates)
3 Adopt Draft Resolution C declaring the City's intention to levy and
collect annual assessments within Atascadero Street and Storm Drain
Maintenance District No 03 (De Anza Estates) in fiscal year
2009/2010, and to appoint a time and place for the public hearing on
these matters
4 Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting
Maintenance District No 03 (De Anza Estates) for fiscal year
2009/2010 pursuant to the provisions of Part 2 of Division 15 of the
California Streets and Highways Code
�. 5 Adopt Draft Resolution E for preliminary approval of the Annual
Engineer's Levy Report for the Atascadero Landscaping and Lighting
Maintenance District No 03 (De Anza Estates) for fiscal year
2009/2010
6 Adopt Draft Resolution F declaring the City's intention to levy and
collect assessments for the Atascadero Landscaping and Lighting
Maintenance District No 03 (De Anza Estates) for fiscal year
2009/2010 [Administrative Services]
6. Las Lomas (Woodridge) Assessment Districts
■ Fiscal Impact: Annual assessments for 2009/2010 will total $15,940 for
road/drainage system maintenance and $61 ,265 for landscape and
lighting maintenance These amounts will be assessed to the owners of
parcels in Woodridge The City General Fund will contribute $5,080
toward the cost of the trails
■ Recommendations. Council
1 Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Atascadero Street and Storm
Drain Maintenance District No 02 (Woodridge) for fiscal year
2009/2010
2 Adopt Draft Resolution B accepting and preliminarily approving the
Engineer's Annual Levy Report regarding the Atascadero Street and
aw Storm Drain Maintenance District No 02 (Woodridge)
CC Minutes of 05/12/09
Page 4 of 12
Approved June 9, 2009
3 Adopt Draft Resolution C declaring the City's intention to levy and
collect annual assessments within Atascadero Street and Storm Drain
Maintenance District No 02 (Woodridge) in fiscal year 2009/2010, and
to appoint a time and place for the public hearing on these matters
4 Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting
Maintenance District No 02 (Woodridge) for fiscal year 2009/2010
pursuant to the provisions of Part 2 of Division 15 of the California
Streets and Highways Code
5 Adopt Draft Resolution E for preliminary approval of the Annual
Engineer's Levy Report for the Atascadero Landscaping and Lighting
Maintenance District No 02 (Woodridge) for fiscal year 2009/2010
6 Adopt Draft Resolution F declaring the City's intention to levy and
collect assessments for the Atascadero Landscaping and Lighting
Maintenance District No 02 (Woodridge) for fiscal year 2009/2010
[Administrative Services]
7 Weed Abatement — Awarding of Contractor Bid
■ Fiscal Impact: None Funds are budgeted, annually, to cover the costs of
the weed abatement program, and are recovered through assessments on
property tax bills of those parcels abated
■ Recommendation. Council authorize the City Manager to execute a
contract with Travis Hansen, dba Hansen Bros Custom Farming, for weed
abatement. [Fire]
8. Purchase of 2 Transit Buses through the State Department of General
Services
■ Fiscal Impact: Funds for the purchase of these vehicles have been made
available through the American Recovery and Reinvestment Act and have
been programmed through the San Luis Obispo Council of Governments
Total funds available for the Dial-A-Ride vehicle are $67,000, and for the
Fixed Route vehicle are $117,000
■ Recommendations. Council
1 Adopt the Draft Resolution authorizing the State Department of
General Services to purchases vehicles on behalf of the City of
Atascadero, and,
2 Authorize Staff to proceed with the purchase of 2 transit buses [Public
Works]
9 Atascadero Transit - Approval of Federal Transit Administration
Procedures for Public Comment
■ Fiscal Impact: None
■ Recommendation. Council approve the attached procedures as required
by the Federal Transit Administration (FTA) regarding public comment.
[Public Works]
Items #A-8 & #A-9 was pulled by citizen Eric Greening
CC Minutes of 05/12/09
Page 5 of 12
Approved June 9, 2009
MOTION By Council Member Clay and seconded by Mayor Pro Tem
Fonzi to approve Items #A-1, 2, 3, 4, 5, 6, & 7
(A-4 1 Resolution No. 2009-023, A-4.2 Resolution No. 2009-
024, A-4.3 Resolution No. 2009-025, A-4 4 Resolution No.
2009-026, A-4.5 Resolution No. 2009-027, A-4 6. Resolution
No. 2009-028, A-5.1 Resolution No. 2009-029, A-5.2
Resolution No. 2009-030, A-5.3 Resolution No. 2009-031, A-
5.4 Resolution No. 2009-032, A-5.5 Resolution No. 2009-
033, A-5.6. Resolution No. 2009-034, A-6.1 Resolution No.
2009-035, A-6.2- Resolution No. 2009-036, A-6.3 Resolution
No. 2009-037, A-6.4 Resolution No. 2009-038, A-6.5
Resolution No. 2009-039, A-6.6. Resolution No. 2009-040, A-
7 Contract No. 2009-006)
Motion passed 5.0 by a roll-call vote.
Item #A-8
Eric Greening stated that this is excellent news He urged the Council to lobby our
Federal representatives to include operational support in future stimulus proposals
Item #A-9
Eric Greening said that meetings should be at a time and place convenient for transit
users
MOTION By Council Member O'Malley and seconded by Mayor Pro Tem
Fonzi to approve Items #A-8 & 9 (A-8. Resolution No. 2009-
041)
Motion passed 5.0 by a roll-call vote.
UPDATES FROM THE CITY MANAGER
Community Development Director Warren Frace
Mr Frace explained to the Council that the City is under a requirement of the State to
update our Housing Element this year Staff has circulated a Request for Proposals for
a consultant to assist with this update and have selected Lisa Wise and Associates to
conduct the update Mr Frace answered questions of Council
COMMUNITY FORUM
Eric Greening announced the Art Tour this Friday in Atascadero
Steve Martin brought the Council up to date on the events coming up in the Downtown
CC Minutes of 05/12/09
Page 6 of 12
Approved June 9, 2009
Joanne Main shared with the Council the details of the Chamber's upcoming events
Lee Perkins stated that she feels more should have been done to avoid layoffs
Heather Young Curry invited the Council and the public to this Friday's Art Tour
Jim Shannon congratulated the Council on the visible improvements seen around
Atascadero He stated that layoffs are difficult and the public doesn't understand how
difficult it is for management to make that decision He supports the Council and staff's
efforts to balance the City's budget
Mayor Beraud closed the COMMUNITY FORUM period.
Council Members made comments concerning the recent City layoffs They
commended the Fire Fighters for deferring their scheduled raise, and expressed their
sadness for the necessary layoffs Council Members discussed the fact that the City is
experiencing a difficult period and is taking the appropriate steps for survival
B PUBLIC HEARINGS
1 Weed Abatement - Hearing of Objections
■ Fiscal Impact: None Costs involved in administering this program are
N, recovered through the 150% administrative fee charged to parcels abated
by the City Contractor
■ Recommendations. Council
1 Hear all objections to the proposed removal of vegetative growth
and/or refuse and allow or overrule any objections, and,
2 Authorize the Fire Chief to proceed and perform the work of
abatement. [Fire]
Fire Chief Kurt Stone gave the staff report and answered questions of the Council
PUBLIC COMMENT
Jim Shannon stated he supports the City's efforts to prevent a fire in our community
MOTION By Council Member Clay and seconded by Mayor Pro Tem Fonzi
to authorize the Fire Chief to proceed and perform the work of
abatement.
Motion passed 5.0 by a roll-call vote.
CC Minutes of 05/12/09
Page 7 of 12
Approved June 9, 2009
C MANAGEMENT REPORTS
am 1 Economic Development Strateg_y- Action and Marketing Plans
■ Fiscal Impact. None
■ Recommendation. Council approve the conceptual Economic Strategy
Action Plan and Marketing Plans presented by Applied Development
Economics [City Managerl
Assistant City Manager Jim Lewis introduced Doug Svensen, Applied Development
Economics, who gave a presentation of their proposed Economic Strategy Action Plan
and Marketing Plans Mr Svensen also answered questions of the Council
PUBLIC COMMENT
Jim Shannon urged the Council to start with things that are actually obtainable, such as
Colony Square He said the community needs to work together to make these ideas
happen
Lee Perkins stated she supports the presentation and encouraged the Council to move
forward
Ray Johnson encouraged the Council to review the public/private partnership study that
was conducted when he was on the Council
David Bentz stated this plan is outstanding, but there is no foundation for
implementation He encouraged the Council to build the foundation, by putting the
zoning in place to make this plan happen
Len Colamarino said that this proposed plan is impressive He expressed his concern
with the lack of detailed steps to accomplish this plan
Bruce Bevins stated this plan gives the community long term goals
Mayor Beraud recessed the meeting at 8.35 p.m.
Mayor Beraud reconvened the meeting at 8.48 p.m.
There was Council discussion on this item, and Mr Lewis answered additional
questions of Council
There was Council consensus to direct staff to return
with goals with timeframes, a prioritized listing, and consider the use of
volunteers, and costs associated with each goal.
am
CC Minutes of 05/12/09
Page 8 of 12
Approved June 9, 2009
MOTION By Mayor Pro Tem Fonzi and seconded by Council Member
Clay to approve the conceptual Economic Strategy Action Plan
and Marketing Plans presented by Applied Development
Economics.
Motion passed 5.0 by a roll-call vote.
2. Streetscape Phase Ilb Award (City Bid No. 2009-003)
■ Description. Construction of Improvements at EI Camino Real north of
Morro Road, Atascadero Creek Bridge, US101 Pedestrian Tunnel, Traffic
Way and EI Camino Real, the Rosario intersection
■ Fiscal Impact: The fiscal impact of awarding the bid is $1,198,114.25 in
budgeted redevelopment funds
■ Recommendations. Council
1 Award the Base Bid A, C,E, G, I, and K in the amount of $1,103,431 75,
for the Streetscape Phase Ilb project areas at: EI Camino Real
Gateway, Crosswalk and Median improvements, US101 Pedestrian
Tunnel, Traffic Way and EI Camino Real Planted Island, EI Camino Real
Paving, the Rosario intersection, and,
2 Award Rosario Avenue Bid Add Alternate Schedule B, in the Amount of
$ 82,170 00, and,
3 Award EI Camino Real Bid Add Alternate Schedule D, in the Amount of
$12,512.50; and,
4 Authorize the City Manager to execute a contract in the amount of
$1,198,114.25 (Base Bids plus Bid Alts B and D) with Souza
Construction Incorporated to construct the Phase Ilb improvements, and,
5 Provide Staff with direction on Entry Arch value engineering and bidding,
and,
6 Authorize the Public Works Director to file a notice of completion after the
project is completed [Public Works]
Public Works Director Russ Thompson gave the staff report and answered questions of
Council
PUBLIC COMMENT
Joanne Main stated she's worried that we are ignoring the Traffic Way offramp and
hopes that we can improve that area in Phase 3
Steve Martin stated he appreciates the work the City has done in the Downtown He
agrees with the re-evaluation of the entry arch
Mayor Bdraud closed the PUBLIC COMMENT period.
MOTION By Council O'Malley and seconded by Council Member Kelley
Ow to
CC Minutes of 05/12/09
Page 9 of 12
Approved June 9, 2009
1 Award the Base Bid A, C,E, G, I, and K in the amount of
$1103,431 75, for the Streetscape Phase Ilb project areas at: EI
am Camino Real Gateway, Crosswalk and Median improvements,
US101 Pedestrian Tunnel, Traffic Way and EI Camino Real
Planted Island, EI Camino Real Paving, the Rosario intersection,
and,
2. Award Rosario Avenue Bid Add Alternate Schedule B, in the
Amount of $ 82,170.00; and,
3. Award EI Camino Real Bid Add Alternate Schedule D, in the
Amount of $12,512.50; and,
4. Authorize the City Manager to execute a contract in the amount
of $1,198,114.25 (Base Bids plus Bid Alts B and D) with Souza
Construction Incorporated to construct the Phase Ilb
improvements, and,
5. Direct Staff to defer the Entry Arch, use the funds in Phase 3,
and come back with a re-design of the Entry Arch, and,
6. Authorize the Public Works Director to file a notice of
completion after the project is completed. (Contract No. 2009-
042)
Motion passed 5:0 by a roll-call vote.
3. Dormant Building Permits Applications Time Extensions Follow-up
Report
■ Fiscal Impact: Alternatives 1 and 2 have minimal additional costs to the
r. City Both alternatives have the potential of collecting outstanding fees
that are due to the City and therefore the program is expected to be
revenue positive
■ Recommendation. Council direct staff to develop a Phase II Dormant
Building Permit program consistent with staff's program outline in
Alternative 2 [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council
PUBLIC COMMENT None
MOTION By Council Member O'Malley and seconded by Council
Member Kelley to direct staff to develop a Phase II Dormant
Building Permit program consistent with staff's program
outline in Alternative 2, and to return to the Council with
options to extend the dates for all dormant permits.
Motion passed 5.0 by a roll-call vote.
4 Resolution Opposing Proposals by the State to Borrow and/or Take
Additional Local Funding.
err
CC Minutes of 05/12/09
Page 10 of 12
Approved June 9, 2009
■ Fiscal Impact: Eight per cent of the total amount of property tax for the
City of Atascadero, which is estimated between $600,000 — $800,000
■ Recommendation. Council approve the Draft Resolution opposing
proposals by the State to borrow and/or take additional local funding
potentially resulting in the need to declare a local fiscal hardship for the
City [City Manager]
City Manager Wade McKinney gave the staff report and answered questions of Council
PUBLIC COMMENT None
MOTION By Mayor Beraud and seconded by Mayor Pro Tem Fonzi to
approve the Draft Resolution opposing proposals by the State
to borrow and/or take additional local funding potentially
resulting in the need to declare a local fiscal hardship for the
City, and staff to prepare Resolution for all Council Members'
signatures. (Resolution No. 2009-042)
Motion passed 5.0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Kelley asked Police Chief Mulhall to explain the City's recent purchase
a, of AED machines (portable defibrillator machines) Chief Mulhall shared that the Police
Department is purchasing 17 AED machines using grant funds The AED will be placed
in all police cars The grant funding also covers all the training required for those
employees who might be required to use them in the case of an emergency
Mayor Pro Tem Fonzi stated that Ernie Porter, a longtime resident and veteran of World
War II is being honored by the Governor as a deserving veteran and will be receiving a
certificate from the Governor for his service
Mayor Beraud stated that the North County Energy Town Hall meeting hosted by the
Sierra Club was last Wednesday It was the best attended Energy Town Hall meeting
of the 3 meetings that hosted within the County
D COMMITTEE REPORTS
Council Member O'Malley
Economic Vitality Corporation, Board of Directors (EVC) — Council Member
Kelley joined Council Member O'Malley at the Special Board Meeting where the
speaker was Dr Bill Watkins of the UCSB Economic Forecast project.
SLO Council of Governments, Vice President (SLOCOG)
am
CC Minutes of 05/12/09
Page 11 of 12
Approved June 9, 2009
Council Member O'Malley will be attending an Executive Committee Meeting
tomorrow
�r.. SLO Regional Transit Authority, Vice President (SLORTA)
CalTrans statewide is considering changing the way they construct medians and
barriers on freeways and overpasses Some of these changes improve safety
and drainage, and some may cause the removal of a tremendous amount of
vegetation
Central Coast Regional Water Quality Control Board, Member (RWQCB)
Council Member O'Malley attended his first meeting last week. He said he
gained a lot on insight as he reviewed other cities' management plans He
supports an organization called Low Impact Design that is working out of the
Regional Water Quality Control Board office in San Luis Obispo, represented by
Dr Inglis Council Member O'Malley asked her to come to Atascadero and make
a presentation and meet with our staff
E. INDIVIDUAL DETERMINATION AND/OR ACTION
Council Member O'Malley
Homeless Services Governing Board
Council Member O'Malley announced that the Board has decided to hire an
Executive Director and the Board of Supervisors is asking all members to
a, contribute to the salary He said that Atascadero is going to be asked to
contribute $6,835 00, and stated that he is outraged by this request. Mayor
Beraud said that she was unable to attend the last meeting and had not heard
this information Mayor Beraud appointed Council Member O'Malley as her
alternate so that he can attend in her absence in the future
F ADJOURNMENT
Mayor Beraud adjourned the meeting at 10 20p m to the next regularly scheduled
meeting of the City Council
MINUTES PREPARED BY
Marcia McClure Torgerson, C M C
City Clerk
CC Minutes of 05/12/09
Page 12 of 12