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HomeMy WebLinkAboutMinutes 060909 Approved July 14, 2009 r r. r 11179 OF A TASCADERO CITY CITY COUNCIL MINUTES Tuesday, June 9, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California Redevelopment Agency Closed Session: 5:30 P.M. Redevelopment Agency: 6:00 P.M. City Council: Immediately following the conclusion of the Redevelopment Agency meeting REDEVELOPMENT AGENCY CLOSED SESSION: 5:30 P.M. REDEVELOPMENT AGENCY: 6:00 P.M. REGULAR SESSION: Immediately following the conclusion of the Redevelopment Agency meeting Mayor Beraud called the meeting to order at 6:17 p.m. and Council Member O'Malley led the Pledge of Allegiance. ow CC Minutes of 06/09/09 Page 1 of 15 Approved July 14, 2009 ROLL CALL: "W 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 Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA: Mayor Beraud suggested moving Item #C-1 to be before the consideration of the Budget (#B-4). MOTION: By Council Member O'Malley and seconded by Council Member Kelley to approve the agenda, with the suggested amendment. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Employee Service Awards The following employees received a service award: Five Years of Service Jeri Corgill, Accounting Specialist Timm Cleaver, Wastewater Operator II Wyatt Kasfeldt, Police Officer Ten Years of Service Tiffany Ayles (Unable To Attend), Police Sergeant Kelly Arebalo (Unable To Attend, Support Services Technician Warren Frace, Community Development Director Fifteen Years of Service Ann Hochstetler, Support Services Lead Technician Brady Cherry, Community Services Director i0. CC Minutes of 06/09/09 Page 2 of 15 Approved July 14, 2009 A. CONSENT CALENDAR: 1. City Council Meeting Draft Minutes — May 12, 2009 ■ Recommendation: Council approve the City Council Meeting Draft Minutes of May 12, 2009. [City Clerk] 2. Amendment of Section 3-5.105 of the Atascadero Municipal Code pertaining to Cardrooms - 2" Reading ■ Fiscal Impact: None ■ Recommendation: Council adopt on second reading, by title only, the Draft Ordinance amending Section 3-5.105 of the Atascadero Municipal Code to clarify the number of card tables that may be licensed within the City. [City Attorney] 3. Alcoholic Beverage Control License for On-site Wine Tasting - PLN 2009-1330 - 8200 EI Camino Real (New Albertson's Inc.) ■ Fiscal Impact: None. ■ Recommendations: Council adopt Resolution A finding that public convenience or necessity would be served by allowing the issuance of a Type 42 license for on-site wine tasting at Albertson's located at 8200 EI Camino Real. [Community Development] 4. Memorandums of Understanding for Atascadero Police Association, Service Employees International Union Local 620, Mid-Management/ Professional Employees Association and Resolution for Non- Represented Professional and Management Workers and Confidential Employees ■ Fiscal Impact: The impact of the MOUs, Draft Resolution and side letter are included in the annual budget being presented to the City Council this evening. ■ Recommendations: Council: 1. Approve Memorandums of Understanding and a Draft Resolution, authorizing salaries and benefits for the above-named employee groups and direct the Personnel Officer to make corresponding changes to the salary schedule; and 2. Accept the side letter from the Atascadero Professional Firefighters Association (APFA) Local 3600 regarding a voluntary deferral of negotiated wage increases and call-out pay. [City Manager] 5. Parking & Business Improvement Area (PBIA) Assessment ■ Description: The annual PBIA assessment is imposed on downtown businesses for improvements in the downtown. ■ Fiscal Impact: The City receives approximately $10,500 annually from the Downtown Parking and Business Improvement Area assessments. ■ Recommendation: Council adopt the Draft Resolution of Intention, declaring intent to levy annual Downtown Parking & Business CC Minutes of 06/09/09 Page 3 of 15 Approved July 14, 2009 Improvement Area assessment, and set a public hearing for June 23, 2009. [City Manager] 6. Proposition 1 B Safety and Security Grant Agreement ■ Fiscal Impact: None. ■ Recommendation: Council approve the attached Draft Resolution authorizing the City Manager and Director of Administrative Services to execute documents necessary for the purpose of obtaining financial assistance provided by the Governor's Office of Homeland Security. [Public Works] 7. Temporary Road Closure - Atascadero Main Street - Atascadero Bandstand and Beerfest ■ Fiscal Impact: No net fiscal impact to the General Fund as the road closure fee covers the cost of installing the Road Closed signs. ■ Recommendation: Council adopt the Draft Resolution approving a request by Atascadero Main Street for a road closure for the Atascadero Bandstand and Beerfest and establishment of tow-away zones on July 11, 2009 from 7:00 a.m. to 10:00 p.m. [Public Works] 8. Temporary Road Closure - Atascadero Main Street - Summer Street Fair and Farmers' Market ■ Fiscal Impact: No net fiscal impacts to the General Fund as road closure fees cover the cost of installing the Road Closed signs. ■ Recommendation: Council adopt the Draft Resolution approving a request by Atascadero Main Street for a road closure for the Summer Street Fair and Farmers' Market and establishment of tow-away zones every Wednesday from 3:00 p.m. to 9:00 p.m. from June 17th to August 26, 2009. [Public Works] 9. Edward Byrne Memorial Justice Assistance Grant ■ Fiscal Impact: Receipt and expenditure of $11,220.00 in federal criminal justice grants funds ■ Recommendation: Council approve the second Police Department submission of an application to the U.S. Department of Justice for federal criminal justice funding through the Justice Assistance Grant (JAG) with an award of $11,220.00. [Police] Citizen Mike Brennler pulled Item #A-4. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to approve Items #A-1, 2, 3, 5, 6, 7, 8, and 9. Motion passed 5:0 by a roll-call vote. (#A-2: Ordinance No. 540, #A-3: Resolution No. 2009-047, #A-5: Resolution No. 2009- 049, #A-6: Resolution No. 2009-050, #A-7: Resolution No. 2009- 051, #A-8: Resolution No. 2009-052) CC Minutes of 06/09/09 Page 4 of 15 Approved July 14, 2009 Item #4: Mike Brennler asked if the City Manager still has a one year severance package, and if the management team is taking a 3% salary reduction and also adding 62 hours of administrative leave. City Manager Wade McKinney stated that there is no change to the severance provisions. He also explained that there is a 3% reduction to salary for the management team and 62 hours were furloughed. This is a $45,000 cash savings per year to the City. They are not paid for those hours and they cannot cash them in. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to approve Consent Calendar Item #4. Motion passed 5:0 by a roll-call vote. (Contract No. 2009-011, Contract No. 2009-012, Contract No. 2009-013, Resolution No. 2009-048) UPDATES FROM THE CITY MANAGER: Community Development Director Warren Frace gave the City Council an update on the following: Groundwater Resources in the North County Staff became aware that the County Planning Commission is considering this item at a hearing this Thursday that City Staff will be attending. The County Staff is recommending that there be a declaration of a Level 3 Resource Severity Determination for what's considered the Atascadero Groundwater Basin, which is part of the larger Paso Robles Groundwater Basin. The Atascadero Groundwater Basin is distinct in that it is separated by a geological formation so it operates independent from the Paso Robles Groundwater Basin. The County has conducted a new study which made some assumptions and concluded that there is a groundwater problem. City Staff will be attending the County Planning Commission meeting and will ask them to continue the item as our opinion is that it is premature to be making any determinations at this point. WalMart/Annex Shopping Center Projects Staff continues to coordinate and work with the applicant project team to move these projects forward. Staff has scheduled a kick-off meeting with our EIR consultant for June 24th which will formally initiate the EIR process. One of the key steps in the EIR process is the public scoping where the City holds a hearing with the Planning Commission and City Council and allow the public to raise any issues they feel need to be addressed in the EIR. This should occur sometime this year in August. COMMUNITY FORUM: Robert Campbell, member of the Atascadero Ministerial Association, led the meeting in prayer. bVA CC Minutes of 06/09/09 Page 5 of 15 Approved July 14, 2009 Joan O'Keefe told the Council that the back taxes owed on the Printery is currently $57,000.00. She stated that the City has not been a good steward of the Printery. David Broadwater stated that he is aware of a meeting at the Carlton last Thursday with a representative of the League of California Cities and was told that four Council Members attended. He asked why this is not a violation of the Brown Act. Jim Shannon stated that he supports the City's purchase of Stadium Park for $200,000.00 because this purchase will benefit the entire community. His concern with the purchase of the property on Highway 41 last year was that it was $100,000.00, less than a quarter acre, and basically a drainage ditch. Lee Perkins asked for an update on Colony Square. Also, she shared her concerns about homelessness in the community. Chuck Ward shared with the Council the recent events that have been conducted at the Veterans' Memorial. Karen Sturtevant stated the budget concerns are a top priority. She asked Atascadero citizens to be cautious about wasting City staff's time with non-productive activities. Steve Martin, Main Street Executive Director, shared good news with the City Council, detailing upcoming events in the Downtown. Mayor Beraud closed the COMMUNITY FORUM period. City Manager Wade McKinney stated the Printery is scheduled for the Council's Closed Session on June 23, 2009. City Attorney Brian Pierik explained that the City Council may attend an open and public meeting even if the topic of the meeting is of local concern. The meeting at the Carlton was posted at City Hall and the City Manager was on the radio the day of the meeting inviting the public to attend. Mr. McKinney stated that there is no update to report on Colony Square. As soon as there is new information to report, he said he will do so. B. PUBLIC HEARINGS: 1. Apple Valley Assessment Districts ■ Ex Parte Communications ■ Fiscal Impact: Annual assessments for 2009/2010 will total $35,889 for road/drainage system maintenance and $16,670 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley. ■ Recommendations: Council: CC Minutes of 06/09/09 Page 6 of 15 Approved July 14, 2009 1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 01 — Apple Valley, and the levy and collection of annual assessments related thereto for fiscal year 2009/2010. 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No. 01 —Apple Valley. 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 01 — Apple Valley, and the levy and collection of annual assessments related thereto in fiscal year 2009/2010. 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No. 01 —Apple Valley. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council. Ex Parte Communications: None PUBLIC COMMENT: None MOTION: By Mayor Beraud and seconded by Mayor Pro Tem Fonzi to: 1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 01 — Apple Valley, and the levy and collection of annual assessments related thereto for fiscal year 2009/2010; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No. 01 — Apple Valley; and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 01 — Apple Valley, and the levy and collection of annual assessments related thereto in fiscal year 2009/2010; and, 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No. 01 —Apple Valley. Motion passed 5:0 by a roll-call vote. (#1: Resolution No. 2009-053, #2: Resolution No. 2009-054, #3: Resolution No. 2009-055, #4: Resolution No. 2009-056) 2. De Anza Estates Assessment Districts ■ Ex Parte Communications CC Minutes of 06/09/09 Page 7 of 15 Approved July 14, 2009 ■ Fiscal Impact: Annual assessments for 2009/2010 will total $35,454 for road/drainage system maintenance and $21,316 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 approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 03 — De Anza Estates, and the levy and collection of annual assessments related thereto for fiscal year 2009/2010. 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No. 03 — De Anza Estates. 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 03 — De Anza Estates, and the levy and collection of annual assessments related thereto in fiscal year 2009/2010. 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No. 03 — De Anza Estates. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council. vow Ex Parte Communications: None PUBLIC COMMENT: None MOTION: By Mayor Beraud and seconded by Mayor Pro Tem Fonzi to: 1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 03 — De Anza Estates, and the levy and collection of annual assessments related thereto for fiscal year 2009/2010; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No. 03 — De Anza Estates; and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 03 — De Anza Estates, and the levy and collection of annual assessments related thereto in fiscal year 2009/2010; and, 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No. 03— De Anza Estates. CC Minutes of 06/09/09 Page 8 of 15 Approved July 14, 2009 Motion passed 5:0 by a roll-call vote. (#1: Resolution No. 2009-057, #2: Resolution No. 2009-058, #3: Resolution No. 2009-059, #4: Resolution No. 2009-060) 3. Woodridge (Las Lomas) Assessment Districts ■ Ex Parte Communications ■ Fiscal Impact: Annual assessments for 2009/2010 will total $20,407 for road/drainage system maintenance and $78,443 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 approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 02 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2009/2010. 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No. 02 —Woodridge (Las Lomas). 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 02 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year 2009/2010. 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No. 02 —Woodridge (Las Lomas). [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council. Ex Parte Communications: None PUBLIC COMMENT: None MOTION: By Mayor Beraud and seconded by Mayor Pro Tem Fonzi to: 1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 02 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2009/2010; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2009/2010 for Street and Storm Drain Maintenance District No. 02 — Woodridge (Las Lomas); and, 3. Adopt Draft Resolution C approving the final Engineer's ,w Report regarding the Landscaping and Lighting District No. CC Minutes of 06/09/09 Page 9 of 15 Approved July 14, 2009 02 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year am 2009/2010; and, 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2009/2010 for Landscaping and Lighting District No. 02 —Woodridge (Las Lomas). Motion passed 5:0 by a roll-call vote. (#1: Resolution No. 2009-061, #2: Resolution No. 2009-062, #3: Resolution No. 2009-063, #4: Resolution No. 2009-064) C. MANAGEMENT REPORTS: 1. Renewal of Contract with AGP Video, Authorization to Adopt State Video Services Franchise Agreement and Impose PEG Fees, and Modifications to Existing Broadcast Services ■ Fiscal Impact: The total cost of the contract as recommended is $24,240. The 2009-11 Budget has reduced the amount available for video broadcasting and streaming by $20,000. Should the Council wish to continue all services, other programs will need to be reduced. ■ Recommendations: Council: 1. Authorize the City Manager to enter into a two-year contract with AGP Video of Morro Bay to provide broadcasting and channel management services for the City's cable channel; and, 2. Direct staff to prepare an ordinance relinquishing the local franchise agreement between the City of Atascadero and Charter Communications in lieu of adopting the State video services franchise and negotiate a side letter between Charter Communications and the City of Atascadero; and, 3. Direct staff to prepare an ordinance imposing a Public Education Government Access Fee on Cable subscribers of up to 1% of revenues received from cable television services; and, 4. Discontinue archiving of video of meetings via the Internet (audio and video streaming and audio archiving will continue); and, 5. Discontinue broadcasting of Planning Commission meetings. [City Manager] Assistant City Manager Jim Lewis gave the staff report and answered questions of Council. PUBLIC COMMENT: Joan O'Keefe asked the Council to support the continuation of video archiving. Marty Brown stated she doesn't have cable TV and keeps up on current events on her computer. She asked the Council to continue the video archiving to assure public omw access. CC Minutes of 06/09/09 Page 10 of 15 Approved July 14, 2009 Len Colamarino said that he was disappointed in staff's recommendations on this item. He urged the Council to continue the video streaming and archiving. Bruce Bevins stated that he understands from the staff report that the PEG fees would allow the City to continue with the same level of service at a cost savings. If that is true, he supports those recommendations. He did say that he would be disappointed is the City discontinued the archiving and streaming of the meeting videos. Lee Perkins urged the Council to find the least expensive way to maintain the current video services. Jim Shannon suggested the City adopt the PEG fees and keep the level of service we now have. David Broadwater submitted a written statement and said that he supports staff recommendations 1, 2, & 3. He urged the Council to continue the current level of service concerning the archiving and streaming of the meeting videos. (Exhibit A) Steve LaSalle urged the Council to maintain the current level of service. Chuck Ward warned the Council that it will be difficult for the City to go into the video business by purchasing cameras and videotaping meetings. He urged the Council to listen to the City staff and reduce the City's costs. Mike Brennler stated he feels videotaping public meetings is vital to keeping the public informed. He urged the Council to continue the current level of video services. Tom Johnson suggested the Council continue the City's video services at current level. Nancy Castle reviewed AGP's charges and offered the City Council additional cost savings, and discussed several options. Mayor Beraud closed the Public Comment period. There was Council discussion on this issue. Council Member Clay said that in 2007, when the City budget was in a better condition, all Council Members supported the idea of videotaping Council and Planning Commission meetings, and the archiving and streaming of the meetings. Now in 2009, the City's budget situation is strained and as a result, he cannot support continuing the video archiving and streaming. Council Member Clay also said that he is not in favor of the PEG program. MOTION: By Council Member O'Malley and seconded by Mayor Beraud to: N.. CC Minutes of 06/09/09 Page 11 of 15 Approved July 14, 2009 1. Authorize the City Manager to enter into a two-year contract with AGP Video of Morro Bay to provide broadcasting and tow channel management services for the City's cable channel; and, 2. Direct staff to prepare an ordinance relinquishing the local franchise agreement between the City of Atascadero and Charter Communications in lieu of adopting the State video services franchise and negotiate a side letter between Charter Communications and the City of Atascadero; and, 3. Direct staff to prepare an ordinance imposing a Public Education Government Access Fee on Cable subscribers of up to 1% of revenues received from cable television services; and, 4. Continue archiving of video of meetings via the Internet (audio and video streaming and audio archiving will continue); and, 5. Continue broadcasting of Planning Commission meetings. Motion passed 4:1 by a roll-call vote. (Clay opposed) (#1: Contract No. 2009-014) There was Council consensus to direct staff to minimize the number of Planning Commission meetings whenever possible to reduce video costs. Mayor Beraud recessed the meeting at 8:33 p.m. Mayor Beraud reconvened the meeting at 8:45 p.m. B. PUBLIC HEARINGS: 4. 2009-2011 Operating and Capital Budget ■ Fiscal Impact: The total revenues are budgeted at $31,939,630 and $39,737,850 for fiscal years 2009-2010 and 2010-2011 respectively. Total expenditures are budgeted at $33,354,820 and $41,622,390 for fiscal years 2009-2010 and 2010-2011 respectively. ■ Recommendations: Council: 1. Adopt Draft Resolution of the City Council of the City of Atascadero adopting the budgets for the 2009-2010 and 2010-2011 fiscal years and delegating to the City Manager the authority to implement same; and, 2. Adopt Draft Resolution of the City Council of the City of Atascadero amending fiscal year 2008-2009 budget; and 3. Adopt Draft Resolution of the City Council of the City of Atascadero adopting the fiscal year 2009-2010 annual spending limit. [Administrative Services] CC Minutes of 06/09/09 Page 12 of 15 Approved July 14, 2009 Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council. Mayor Beraud brought up the request by the Task Force to End Homelessness for the cities in SLO County to support the 10-year plan to end homelessness in our community by contributing to the salary of an Executive Director for their program. She suggested the City Council consider using the housing in lieu monies to fulfill this request. There was no support from the other Council Members for Mayor Beraud's request. PUBLIC COMMENT: David Bentz submitted a prepared statement and gave the Council suggestions for amendments to the proposed budget. (Exhibit B) Ray Belle Gambs stated she is in attendance to speak about the homeless problem. She hopes this Council will do more than what we already do in this City concerning the homeless. Mayor Beraud closed the Public Comment period. MOTION: By Council Member O'Malley and seconded Council Member Clay to: W„ 1. Adopt Draft Resolution of the City Council of the City of Atascadero adopting the budgets for the 2009-2010 and 2010-2011 fiscal years and delegating to the City Manager the authority to implement same; and, 2. Adopt Draft Resolution of the City Council of the City of Atascadero amending fiscal year 2008-2009 budget; and 3. Adopt Draft Resolution of the City Council of the City of Atascadero adopting the fiscal year 2009-2010 annual spending limit. Motion passed 5:0 by a roll-call vote. (#1: Resolution No. 2009-065, #2: Resolution No. 2009-066, #3: Resolution No. 2009-067) C. MANAGEMENT REPORTS: 2. Ballot Measure for Mosquito, Vector and Disease Control Assessment ■ Fiscal Impact: In 2009-10 the proposed assessment for the City of Atascadero is $630.50. The assessment will continue in future years and may be adjusted annually, based on the change in the Los Angeles Area Consumer Price Index, not to exceed 3% per year. ■ Recommendation Council give staff direction on how the City, as a m property owner, should vote on its Official Assessment Ballot for Mosquito, CC Minutes of 06/09/09 Page 13 of 15 Approved July 14, 2009 Vector and Disease Control Assessment by the San Luis Obispo County Mosquito and Vector Control Program. [City Manager] Assistant to the City Manager Marcia McClure Torgerson gave a brief staff report and introduced Laurie Salo from the County Department of Environmental Health who gave a presentation, and answered questions of the Council. PUBLIC COMMENT: Ron Walters stated that he doesn't see that the North County has a problem with mosquitoes. He feels the County should fund this program instead of expecting property owners to fund the program. Joyce Frag, Paso Robles resident, expressed her concerns with this proposed program. Sandy Jack read from an article written by former County Board of Supervisor Peg Pinard, expressing her concerns with the formation of a new program which will add to the County's costs. Joanne Switzer explained why she is opposed to this program and assessment and she urged the Council to vote no. Bruce Bevins stated he feels this is a low cost for the control of mosquitoes, and urged WW the Council to vote yes. Al Fonzi stated that governments need to learn to live within their means. He urged the Council to vote no on the City's ballots. Mayor Beraud closed the Public Comment period. MOTION: By Council Member O'Malley and seconded by Council Member Kelley to direct staff to vote NO on the City's Official Assessment Ballots for Mosquito, Vector and Disease Control Assessment by the San Luis Obispo County Mosquito and Vector Control Program. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: None ow CC Minutes of 06/09/09 Page 14 of 15 Approved July 14, 2009 D. COMMITTEE REPORTS: Mayor Pro Tem Fonzi Air Pollution Control District — They talked about budget at last meeting, they will be coming to the cities in the future for financial assistance. Council Member O'Malley SLO Council of Governments (SLOCOG) & SLO Regional Transit Authority (SLORTA) — meeting is tomorrow. Some items on the Agenda are: 1. The Revised Population Employment Projections up to 2035 2. Supporting Funds for Expansion of the Santa Maria Bridge 3. AB 811 Central Coast Regional Water Quality Control Board (RWQCB) — attended his second meeting. Council Member O'Malley asked that the Council schedule some time to review some of the topics being discussed at the RWQCB. E. INDIVIDUAL DETERMINATION AND/OR ACTION: Council Member Clay stated that he has been on the Council for thirteen years and all Council Members and the Planning Commissioners are very aware of the Brown Act. They avoid making Brown Act violations and it bothers him that a member of the public continues to question the Council about their compliance with the Brown Act. F. ADJOURNMENT: Mayor Beraud adjourned the meeting at 10:17 p.m. MINUTES PREPARED BY: - MC/ imit- Marcia McClure Torgerson, C.M.C. City Clerk/Assistant to the City Manager The following exhibit is available for review in the City Clerk's office: Exhibit A— Prepared statement by David Broadwater Exhibit B— Prepared statement by David Bentz am CC Minutes of 06/09/09 Page 15 of 15