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HomeMy WebLinkAboutMinutes 052609 Approved June 23, 2009 o � r ir... ". N. xs7s CITY OF A TA SCA DERO CITY COUNCIL MINUTES Tuesday, May 26, 2009 City Hall Council Chambers CLOSED SESSION 5 00 P M Mayor Beraud announced the City Council would be going into Closed Session 1 PUBLIC COMMENT— CLOSED SESSION Mike Brennler, asked the Council to review the severance package for the City Manager 2. CALL TO ORDER a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title CITY MANAGER b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title CITY ATTORNEY 3. ADJOURN CC Minutes of 05/26/09 Page 1 of 12 Approved June 23, 2009 CLOSED SESSION REPORT City Attorney Brian Pierik announced that there was no reportable action taken am CITY COUNCIL REGULAR SESSION 6 00 P M Mayor Beraud called the meeting to order at 6 05 p m and Council Member Kelley 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, Community Services Director Brady Cherry, Police Chief Jim Mulhall, Fire Marshall Tom Peterson, and City Attorney Brian Pierik. APPROVAL OF AGENDA. MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Clay to approve the agenda. Motion passed 5.0 by a roll-call vote. PRESENTATION 1 Commendation to Marjorie R. Mackey for Outstanding Contributions to the Community City Clerk Marcia McClure Torgerson gave a PowerPoint presentation, summarizing Ms Mackey's outstanding service and contributions to Atascadero Mayor Beraud read and presented to Ms Mackey's family a Council Commendation and a bouquet of flowers Mayor Beraud also announced that the City Council, in an earlier meeting today, unanimously decided that the Council will consider at a future public meeting some type of dedication to Marj Mackey at Stadium Park. CC Minutes of 05/26/09 Page 2 of 12 Approved June 23, 2009 PUBLIC COMMENT John Mackey, son of Marj Mackey, thanked the City Council for recognizing his ow mother's service to Atascadero Dug Chisholm, President of the Atascadero Land Preservation Society (ALPS), stated they would like to work with the City on a dedication for Marj at Stadium Park. Lon Allan, representative of Atascadero Historical Society (AHS), shared stories of Marj and how she made him a better person and citizen Bob Wilkins said he served on the first City Council with Marj Mr Wilkins thanked Marj for her service Geri Brasher Phemister said she worked with Marj in the Atascadero State Hospital and ALPS She thanked Marj for her service Mike Brennler stated that her legacy will continue in Atascadero Lee Perkins said Marj will be missed in Atascadero David Broadwater asked the Council to consider dedicating Stadium Park to Marj Jim Shannon thanked Marj for her service He stated that Atascadero is a better place because of Marj Jim Patterson said that he worked with Marj in a number of activities over the years Mr Patterson agreed that Atascadero is a better place because of Marj Barbie Butz stated that Marj was one of her very best friends She referred to the poem "The Dash" which explains that on your headstone is your birthdate and the date of your death, in between is the dash The dash represents everything in between your birth and death The Poem states the importance of what you do with your dash Ms Butz said that Marj did a wonderful job with her dash Marty Brown, encouraged the Council to dedicate Stadium Park to Marj Mayor Beraud closed the Public Comment period. Council Member Clay said that the Council will be considering some type of dedication to Marj at Stadium Park. Mayor Pro Tem Fonzi shared some of her memories of Marj including that Marj was her Girl Scout leader Council Member Kelley shared some of his memories of Marj, including that Marj gave him a personal tour of the museum in the Rotunda, he thanked her for her service to Atascadero CC Minutes of 05/26/09 Page 3 of 12 Approved June 23, 2009 Council Member O'Malley shared some of his memories of Marj, including that she was willing to change her mind, which is a trait he admired He thanked Marj for her service to Atascadero Mayor Beraud thanked everyone for their kind words for Mari A. CONSENT CALENDAR 1 City Council Meeting Draft Minutes — April 14, 2009 ■ Recommendation. Council approve the City Council Meeting Draft Minutes of April 14, 2009 [City Clerk] 2. City Council Meeting Draft Minutes — April 28, 2009 ■ Recommendation. Council approve the City Council Draft Minutes of April 28, 2009 [City Clerk] 3. San Andres Avenue Road Rehabilitation Project Award - City Bid No. 2009-007 ■ Fiscal Impact: $226,628 90 budgeted from Gas Tax funds ■ Recommendations. Council 1 Authorize the City Manager to execute a contract with A Jay Excavating Inc in the amount of $226,628 90 for construction of the San Andres Avenue Rehabilitation Project; and, aw 2 Authorize the Public Works Director to intermittently close portions of San Andres 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] 4 Appointment of Public Works Director Russ Thompson to the Water Resources Advisory Committee (WRAC) ■ Fiscal Impact: None ■ Recommendation. Council appoint Public Works Director Russ Thompson, as the City of Atascadero representative to serve on the Water Resources Advisory Committee (WRAC) [Public Works] am CC Minutes of 05/26/09 Page 4 of 12 Approved June 23, 2009 5 Colony Park Community Center Project Completion (City Bid No. 2006- 013 ■ Fiscal Impact: Release of retention in the amount of $66,017 16 ■ Recommendations. Council 1 Accept the work of Wysong Construction, Inc , as complete, and, 2 Authorize the Public Works Director to sign and file the Notice of Completion, and, 3 Authorize the Administrative Services Director to release the retention to the Contractor per the California Contract Code [Public Works] 6 Final Map 2007-0158 (Parcel Map AT 06-0047) 7155 Valle Ave. (TPM 2006-0084) - Sean Knoph ■ Fiscal Impact: None ■ Recommendations. City Council 1 Adopt and approve Final Parcel Map 2007-0158 (Parcel Map AT 06- 0047), and, 2 Authorize and direct the City Clerk to endorse the Council's approval on the Map [Public Works] MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Clay to approve Items #A-1, 2, 3, 4, 5, & 6 Motion passed 5:0 by a roll-call vote. (#A-3 Contract No. 2009- 008) UPDATES FROM THE CITY MANAGER City Manager Wade McKinney announced that the Tractor Supply Store is still moving forward Staff have met with the project's architect and expect plans to be submitted for permits in June Mr McKinney also announced that the Colony Square project is still moving along, and unfortunately there is nothing new to report. Anita Robinson of Mission Bank continues to work on a financing solution for this project. Mr McKinney shared with the Council that the family that owns the property where the Thrift Store was located before the fire, are continuing to review their options We understand that they are looking at three alternative projects and meeting with local contractors to discuss their options City staff has offered our assistance CC Minutes of 05/26/09 Page 5 of 12 Approved June 23, 2009 COMMUNITY FORUM ;,,w Jim Shannon congratulated the City for the advertisements promoting the City He also felt the new stores on Entrada are noticed by the community and appreciated He urged the Council to be aggressive to stimulate the local economy Mary Ubersax announced this weekend the Relay for Life fundraiser will be held in Sunken Gardens Tino Santos stated that he feels Atascadero is looking better and feeling more positive He thanked the City Council for making the effort to work together Lana Adams, representative of SLO Green Build, reminded everyone about the Green Retrofit Program sponsored by SLO Green Build and PG&E She asked anyone seeking more information to go to www.slo-greenbuild.org Mike Brennler explained he has filed a public records request asking for any documents created at the Management Team Workshop conducted in Carmel Valley in February 2009 He received a response from the City that states there were no documents created at that workshop Mr Brennler stated that he feels Council Members Kelley and O'Malley have alluded to documents from this Workshop, yet he is being told there are no documents He asked the Council to comply with the law as related to disclosure w Mayor Beraud closed the Community Forum period. Council Member Kelley stated that Mr Brennler's reference to his previous comments were incomplete He said that his full statement was that he was satisfied with the documentation of the cost of the retreat. The only documents that he reviewed were the cost documents, no working documents Council Member Kelley said that he also said in his opinion, that it is a closed case, it's over with Council Member O'Malley stated that he believes Mr Brennler's reference to his comments were concerning Mr O'Malley's comments about the whole budget process where all employees have worked together to come up with many cost savings recommendations B PUBLIC HEARINGS 1 Amendment of Section 3-5.105 of the Atascadero Municipal Code pertaining to Cardrooms ■ Ex Parte Communications ■ Fiscal Impact: None ■ Recommendation. Council introduce for first reading, by title only, the Draft Ordinance amending Section 3-5 105 of the Atascadero Municipal CC Minutes of 05/26/09 Page 6 of 12 Approved June 23, 2009 Code to clarify the number of card tables that may be licensed within the City [City Attorney] ow City Attorney Brian Pierik gave the staff report and answered questions of Council PUBLIC COMMENT None MOTION By Council Member Clay and seconded by Council Member Kelley to introduce for first reading, by title only, the Draft Ordinance amending Section 3-5105 of the Atascadero Municipal Code to clarify the number of card tables that may be licensed within the City Motion passed 5:0 by a roll-call vote. C MANAGEMENT REPORTS 1 Del Rio Road Specific Plan and EIR - Wal-Mart / The Annex - Award of EIR Contract ■ Fiscal Impact: Walmart will be responsible for the payment of all consultant costs related to the preparation of the EIR The City's cost recovery fees require that a 10% administration fee be paid to cover staff time related to preparing the EIR The EIR will be revenue neutral to the City of Atascadero The sales VM tax, property tax and permit fees for the Walmart / Annex project are expected to generate significantly positive revenue for the City of Atascadero ■ Recommendation. Council authorize the City Manager to execute a contract with Michael Brandman Associates in the amount $427,615 00 to provide professional services for the preparation of an Environment Impact Report (EIR) for the Del Rio Road Specific Plan [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of the Council PUBLIC COMMENT Jason Brandon, of Michael Brandon Associates, answered questions of the Council Ray Kennedy, Bay Area Economics, also answered questions of Council Geri Brasher asked questions about the process of amending the General Plan and if traffic impacts will be addressed in the EIR. CC Minutes of 05/26/09 Page 7 of 12 Approved June 23, 2009 Len Colamarino asked for clarification on the project description and the bid specifications ,,,w Jim Shannon encouraged the Council to support staff's recommendation and move ahead with this project. David Broadwater expressed his concerns with the fact that WalMart has not yet submitted a final plan for their project. Mike Brennler stated that the WalMart project is a moving target. Mr Brennler expressed his concerns about the project. Tino Santos stated that the Shield Initiative wanted to limit WalMart's grocery space and he wanted to clarify this fact. Mayor Beraud closed the Public Comment period. Mr Frace and Mr Brandon addressed the questions asked during the Public Comment period MOTION By Council Member Clay and seconded by Council Member Kelley to authorize the City Manager to execute a contract with Michael Brandman Associates in the amount $427,615 00 to provide professional services for the preparation of an Environment Impact Report (EIR) for the Del Rio Road Specific Plan Motion passed 5.0 by a roll-call vote. (Contract No. 2009-009) Mayor Beraud recessed the meeting at 8.17 p.m. Mayor Beraud reconvened the meeting at 8:35 p.m. 2. AB 811- Clean Eneray Financing_ Program - Issues; and Options • Fiscal Impact: Consultant and promotion costs are expected to be under $1000 Staff costs will likely exceed 100 hours and require long term administration from the Finance Department. ■ Recommendation. Council adopt Draft Resolution A endorsing an AB 811 program, specifically solar power generation and energy improvements, in Atascadero and direct staff to issue a request for proposals for a consultant to create a renewable energy financing district in Atascadero [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of the Council CC Minutes of 05/26/09 Page 8 of 12 Approved June 23, 2009 PUBLIC COMMENT Ray Weymann encouraged the Council to approve staff's recommendation Jim Patterson stated he is glad to see Atascadero considering this program This explained that this program will also provide jobs for contractors. Len Colamarino asked if this offer to the community is open ended or is there a deadline to sign up to participate Marty Brown said she has a passive solar home She encouraged the Council to approve this program Bruce Bevins expressed his support for this proposal Fred Frank complimented staff for getting in front of this issue He suggested making this type of program available for commercial and agricultural sites Patricia Wilmore, representative of PG&E, stated that PG&E is very supportive of this program and congratulated Atascadero on once again being the first city to consider this energy saving program David Broadwater expressed his support for this program. Mayor Beraud closed the Public Comment period. MOTION By Mayor Beraud and seconded by Council Member O'Malley to adopt Draft Resolution A endorsing an AB 811 program, specifically solar power generation and energy improvements, in Atascadero and direct staff to issue a request for proposals for a consultant to create a renewable energy financing district in Atascadero Motion passed 5.0 by a roll-call vote. (Resolution No. 2009-043) 3. Stadium Park a. PLN 2009-1325 - General Plan Amendment Cycle 2009-1 - General Plan Amendment, Zone Change General Plan Consistency Determination and Lot Line Adjustment for Stadium Park Accessway (City of Atascadero) ■ Description. The proposed project consists of a General Plan Amendment, Zone Map Change, General Plan consistency determination, and Lot Line Adjustment for the purchase of property between an existing developed residential property and Stadium Park for the purposes of providing an accessway from Capistrano Avenue ■ Fiscal Impact: None .. ■ Recommendations. Planning Commission recommends City Council CC Minutes of 05/26/09 Page 9 of 12 Approved June 23, 2009 1 Adopt Draft Resolution A approving General Plan Amendment 2009- 0024 amending a portion of APN 029-105-028 from SFR-Y (Residential Single-Family—Y) to REC (Recreation) consistent with the aw proposed Lot Line Adjustment; and, 2 Introduce for first reading, by title only, Draft Ordinance A amending the zoning designation of a portion of APN 029-105-028 from RSF-Y (Residential Single-Family—Y) to L (Recreation), and, 3 Adopt Draft Resolution B finding that the purchase of a portion of the Renzaglia/Hughes property for inclusion as part of Stadium Park is consistent with the General Plan as proposed for amendment; and, 4 Adopt Draft Resolution C approving Lot Line Adjustment 2009-0098 between the Renzaglia/Hughes property and Stadium Park. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of the Council PUBLIC COMMENT Mike Brender stated that he supports the purchase of this property Dug Chisholm, ALPS President, stated ALPS is seeking bids to create an ADA approved access at the entrance near Capistrano He asked for direction and assistance from the City on the ADA requirements w Mayor Beraud closed the Public Comment period. Mr Frace stated that he will contact ALPS on the ADA requirements MOTION By Council Member Kelley and seconded by Mayor Pro Tem Fonzi to 1 Adopt Draft Resolution A approving General Plan Amendment 2009-0024 amending a portion of APN 029-105- 028 from SFR-Y (Residential Single-Family—Y) to REC (Recreation) consistent with the proposed Lot Line Adjustment; and, 2. Introduce for first reading, by title only, Draft Ordinance A amending the zoning designation of a portion of APN 029- 105-028 from RSF-Y (Residential Single-Family—Y) to L (Recreation), and, 3. Adopt Draft Resolution B finding that the purchase of a portion of the Renzaglia/Hughes property for inclusion as part of Stadium Park is consistent with the General Plan as proposed for amendment; and, CC Minutes of 05/26/09 Page 10 of 12 Approved June 23, 2009 4 Adopt Draft Resolution C approving Lot Line Adjustment 2009-0098 between the Renzaglia/Hughes property and Stadium Park. Motion passed 5.0 by a roll-call vote. (#1 Resolution No. 2009-044, #3. Resolution No. 2009-045, #4 Resolution No. 2009-046) b. Stadium Park Purchase — Approval of Purchase Agreement for a Portion of Adjacent Property — 6900 Valle, Highway 41 and Capistrano (City of Atascadero) ■ Description. Request for authorization to purchase property from Renzaglia and Hughes ■ Fiscal Impact: The proposed purchase of the parcel would result in the expenditure of a maximum amount of $210,000 for the property and insurance and miscellaneous costs associated with the purchase of the property and would require minimal additional expenditures for maintenance ■ Recommendations. Council 1 Authorize the City Manager to execute a Purchase Agreement with Gary Renzaglia and Sandra Hughes in the amount $200,000 for the purchase of a 0 52 acre parcel of land, a portion of a lot at 6900 Valle, Atascadero, deemed necessary for adequate public access to Stadium Park located on the northeast side of the Highway 41 Bridge near Capistrano Avenue, and, am 2 Authorize the Director of Administrative Services to appropriate $105,000 from the Parkland Facilities Fees Funds and $105,000 in Open Space Acquisition Fees Funds for the purchase of a 0 52 acre parcel of land, a portion of a lot at 6900 Valle, Atascadero, from Gary Renzaglia and Sandra Hughes, northeast of the Highway 41 Bridge, and above Capistrano Avenue [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions of the Council CC Minutes of 05/26/09 Page 11 of 12 Approved June 23, 2009 PUBLIC COMMENT Dug Chisholm, ALPS President, stated Stadium Park is important to Atascadero and he encouraged the Council to proceed with the purchase of this property Mike Brennler stated he supports the purchase of this property Mayor Beraud closed the Public Comment period. MOTION By Council Member Kelley and seconded by Council Member O'Malley to 1 Authorize the City Manager to execute a Purchase Agreement with Gary Renzaglia and Sandra Hughes in the amount $200,000 for the purchase of a 0.52 acre parcel of land, a portion of a lot at 6900 Valle, Atascadero, deemed necessary for adequate public access to Stadium Park located on the northeast side of the Highway 41 Bridge near Capistrano Avenue, and, 2. Authorize the Director of Administrative Services to appropriate $105,000 from the Parkland Facilities Fees Funds and $105,000 in Open Space Acquisition Fees Funds for the purchase of a 0.52 acre parcel of land, a portion of a lot at 6900 Valle, Atascadero, from Gary Renzaglia and Sandra Hughes, northeast of the Highway 41 Bridge, and above Capistrano Avenue. Motion passed 5.0 by a roll-call vote. (Contract No. 2009- 010) COUNCIL ANNOUNCEMENTS AND REPORTS None D COMMITTEE REPORTS None E. INDIVIDUAL DETERMINATION AND/OR ACTION None F ADJOURNMENT Mayor Beraud adjourned the meeting at 9 56 p m MINUTES PREPARED BY IL 6t/L-, M ulL�-,-- Marcia McClure Torgerson, C M C City Clerk/ Assistant to the City Manag r CC Minutes of 05/26/09 Page 12 of 12