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Home My WebLink AboutMinutes 062309 Approved August 11, 2009 'y91g1 CITY OF ATASCADERO � r : r tia7e BATAS E$p == CITY COUNCIL MINUTES Tuesday, June 23, 2009 City Hall, Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session 5 00 P M City Council Regular Session 6 00 P M CLOSED SESSION 5 00 P M. Mayor Beraud announced that the Council was going into Closed Session 1 PUBLIC COMMENT— CLOSED SESSION None 2. CALL TO ORDER a. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956 9 (One case) 3. ADJOURN CLOSED SESSION REPORT City Attorney Brian Pierik announced that there was no reportable action taken CC Minutes 6/23/09 Page 1 of 10 Approved August 11, 2009 REGULAR SESSION 6 00 P M. Mayor Beraud called the meeting to order at 6 03 p m and led the Pledge of Allegiance ROLL CALL. Present: Council Members O'Malley, Kelley, Fonzi and Mayor Beraud Absent: Council Member Clay Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, 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. MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Kelley to approve the agenda. Motion passed 4.0 by a roll-call vote. PRESENTATIONS 1 Presentation of Resolution by Assemblyman Sam Blakeslee's Office Commending City of Atascadero for Efforts to Generate Economic Activity by Creating Economic Stimulus Plan Debbie Arnold, representing Sam Blakeslee, presented the City Council with a Resolution commending Atascadero for its efforts to generate economic activity A. CONSENT CALENDAR 1 City Council Special Meeting Draft Minutes — May 26, 2009 ■ Recommendation. Council approve the City Council Special Meeting Draft Minutes of May 26, 2009 [City Clerk] 2. City Council Meeting Draft Minutes — May 26, 2009 ■ Recommendation. Council approve the City Council Meeting Draft Minutes of May 26, 2009 [City Clerk] 3. January 2009 Accounts Payable and Payroll CC Minutes 6/23/09 Page 2 of 10 Approved August 11, 2009 ■ Fiscal Impact: $2,068,264 62 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for January 2009 [Administrative Services] 4 February 2009 Accounts Payable and Payroll ■ Fiscal Impact: $2,183,125 87 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for February 2009 [Administrative Services] 5 March 2009 Accounts Payable and Payroll ■ Fiscal Impact: $1,681,602 64 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for March 2009 [Administrative Services] 6. April 2009 Accounts Payable and Payroll ■ Fiscal Impact: $2,311,484 17 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for April 2009 [Administrative Services] 7 PLN 2009-1325 — Zone change for Stadium Park Accessway (City of Atascadero) ■ Fiscal Impact: None ■ Recommendation. Council adopt on second 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) [Community Development Department] 8. Temporary Road Closure — Hot EI Camino Cruise Nite 2009 ■ Fiscal Impact: No net fiscal impact The cost of putting on the event is approximately $13,750 in budgeted funds and it is anticipated that these costs will be fully recovered through budgeted sponsorships and entry fees ■ Recommendation. Council approve the Draft Resolution authorizing the closure of EI Camino Real, from Curbaril Ave to Traffic Way, Palma Avenue from West Mall to Traffic Way, and Traffic Way from Lewis Avenue to EI Camino Real on Friday, August 21, 2009 from 5.00 p m - 8 30 p m Additionally we recommend the closure of East Mall from EI Camino Real to Lewis Avenue and Palma Avenue between East Mall and West Mall from 1 00 p m — 10.00 p m [Community Services] CC Minutes 6/23/09 Page 3 of 10 Approved August 11, 2009 9. Temporary Road Closure— Lakeview Drive ■ Fiscal Impact: None Sm ■ Recommendation. Council adopt the Draft Resolution establishing a temporary construction road closure and tow-away zone on Lakeview Drive for a water main extension project from July 1-15, 2009 between the hours of 7 00 a.m and 5 00 p m [Public Works] MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Kelley to approve the Consent Calendar (#7 Ordinance #541, #8: Resolution No. 2009-068, #9 Resolution No. 2009-070) Motion passed 4.0 by a roll-call vote. UPDATES FROM THE CITY MANAGER City Manager Wade McKinney updated the City Council concerning the Emergency Management Institute Grant that the Fire Department and the City has received $300,000 00 has been designated to a national training on our behalf Representatives from the Institute have already been in Atascadero, surveying the City and our existing emergency plans and equipment. They were very impressed with the progress that we have already made with respect to emergency planning This is a unique opportunity; only twelve cities are given this opportunity annually Our training will be in November, the week after Thanksgiving, in Emmitsville, Maryland We are able to take approximately 55-75 regional people, including City staff, School District, Paso Robles, Templeton & San Miguel, CalTrans, CHP, and Water Company, who will participate in the emergency training with us We would like to take two Council Members with us COMMUNITY FORUM Robert Campbell, member of the Atascadero Ministerial Association, led those present in prayer Ann Ketcherside shared her concern with the meth labs that are appearing in Atascadero She also asked everyone to pray for her son who is ill Barbie Butz thanked the Council for the improvements at Alvord Field and the recognition of Marge Mackey Jim Shannon also thanked the Council for the improvements at Alvord Field and also the road improvements being done this summer Lee Perkins said that the consultant who will work on WalMart must consider global warming She urged the Council to require community input before the Joint Council and Planning Commission meeting planned for August. VW CC Minutes 6/23/09 Page 4 of 10 Approved August 11, 2009 Mike Latner asked the Council to schedule a public workshop for input on the environmental review for WalMart. Ron Walters urged the Council to continue to move the WalMart project forward and not let the 30% minority delay the progress being made Ray Weymann stated that he does not want to delay the WalMart project, but feels that it is possible to make some suggestions and improvements that will not delay the project but will add to the value of the store Tom Comar encouraged the Council to allow public input on the WalMart project. He stated that he knows the public is invited to the August Joint Meeting, but that he feels the public needs to have an input meeting before the August meeting Mayor Beraud closed the COMMUNITY FORUM period. Community Development Director Warren Frace explained that the EIR consultant will hold a public meeting/open house before the Joint August meeting There was Council consensus to direct staff to bring back this issue at the next meeting for Council to consider calling a special meeting for additional public input on WalMart. B PUBLIC HEARINGS w. 1 Business Stimulus Program and Confirmation of Annual Assessment for the Downtown Parking & Business Improvement Area ■ Ex Parte Communications ■ Fiscal Impact: The aforementioned programs will require investment of approximately $1 1 million Funds for some of these programs have been included in the Redevelopment Agency budget. Additional appropriations may be needed ■ Recommendations. Council 1 Approve the Business Stimulus Program, and 2 Adopt the Draft Resolution confirming the annual assessment for the Downtown Parking & Business Improvement Area (Fiscal Year 2009- 2010) at $0 00 [City Manager/ Office of Economic Development] Assistant City Manager Jim Lewis announced that Staff Recommendation #2 is being continued as the Resolution declaring the intent of the City to levy an assessment was not posted in time, this portion of the report will be continued to the next City Council meeting. �w. CC Minutes 6/23/09 Page 5 of 10 Approved August 11, 2009 Mr Lewis introduced the officers of the Office of Economic Development (OED) Jim Lewis, President (Assistant City Manager) Warren Frace, Vice President (Community Development Director) Ken Forman, Officer (Chief Building Official) Bridgett Burns, Officer (Administrative Support Specialist) Kelley Gleason, Officer (Senior Planner) David Athey, Officer (Deputy Public Works Director) Jeri Rangel, Officer (Deputy Administrative Services Director) David Muelheusen, Officer (Senior Building Inspector) Audrey Banks (Recreation Coordinator) Mr Lewis and the other members of the OED gave the staff report and answered questions from the Council PUBLIC COMMENT David Bentz stated the staff report doesn't make it clear to the public what progress has been made so far He stated that this program seems too small and is not enough incentive Mr Bentz suggested the Council expand the program Lee Perkins applauded staff on this program Mayor Beraud closed the Public Comment period. MOTION By Council Member O'Malley and seconded by Council raw Member Kelley to approve the Business Stimulus Program Motion passed 4.0 by a roll-call vote. 2. Proposed Revision to the Atascadero Municipal Code Prohibiting Smoking in the Charles Paddock Zoo and in Designated Spectator Areas in the City's Outdoor Recreation Areas and Parks ■ Ex Parte Communications ■ Fiscal Impact: In consulting with other communities, it is suggested that signage is the most successful method for changing parks over to smoke- free areas It is estimated that the costs of new signage will be $500 Since current State laws prohibiting smoking near children's playgrounds and public building entrances have generated no additional law enforcement costs, it is anticipated that the proposed new laws should not result in any new on-going costs for the Police Department. Similar laws in other jurisdictions have been reported to be largely self-enforcing ■ Recommendation. The Parks and Recreation Commission recommends Council introduce for first reading, by title only, the Draft Ordinance amending Title 10, Parks and Recreation, adding Section 10-134 Prohibiting Smoking in the Charles Paddock Zoo and various locations within the City's public parks [Community Services] aw Community Services Director Brady Cherry gave the staff report and answered questions from the Council CC Minutes 6/23/09 Page 6 of 10 Approved August 11, 2009 PUBLIC COMMENT Wayne Hanson, Tobacco Control Coalition, recommended the Council ban smoking in City parks Mike Latner stated that tobacco litter is a major problem in cities and the Council will begin to address this issue by banning smoking in public parks Tom Comar stated that he would like to see a smoking ban throughout the City He urged the Council to ban smoking in all public areas, at least on all City properties Clint Slaughter, ECOSLO Board Member, urged the Council to ban smoking in all public areas Chris Lefevre, County Public Health Department, explained the timeline this issue has followed within the County She also shared several statistics concerning smoking Ms Lefevre stated that the County Tobacco Control Program will pay the $500 for the signage needed in Atascadero Laura Slaughter, Tobacco Control Coalition, turned in a FEMA handout concerning outdoor fires, and how they are started (Exhibit A) Ann Tognazzini stated her daughter, who attends Atascadero High School, is offended by the use of tobacco by her peers She urged the Council to completely ban smoking in all public areas Angie Silva, emergency room nurse, urged the Council to adopt a ban on smoking in all public areas Pete Steerdom, member of the Tobacco Control Coalition, suggested the Council adopt a complete tobacco ban within the City Al Fonzi suggested that smokers have rights too He urged the Council to consider their rights too and be reasonable in their decision on this issue Mayor Beraud closed the Public Comment period. MOTION By Council Member O'Malley and seconded by Council Member Kelley to introduce for first reading, by title only, the Draft Ordinance amending Title 10, Parks and Recreation, adding Section 10-1 34 Prohibiting Smoking in the Charles Paddock Zoo and various locations within the City's public parks, with amendments to impose a ban on smoking and the use of tobacco products in all City parks, except in parking areas City Attorney Brian Pierik explained that because this is an Ordinance, he would need ` w some time to amend the Ordinance before the Council votes on the language CC Minutes 6/23/09 Page 7 of 10 Approved August 11, 2009 Mayor Beraud recessed the meeting at 8:20 p.m. Mayor Beraud reconvened the meeting at 8:30 p.m. City Attorney Brian Pierik read into the record the amendments to the proposed Ordinance MOTION By Council Member O'Malley and seconded by Council Member Kelley to introduce for first reading, by title only, the Draft Ordinance amending Title 10, Parks and Recreation, adding Section 10-1.34 Prohibiting Smoking in the Charles Paddock Zoo, and various locations within the City's public parks, with the following amendments. 1 To impose a ban on smoking and the use of tobacco products in all City Recreation Areas including the adjacent sidewalks, except in paved parking areas. 2. To accept the offer of $500 from the County Tobacco Control Program for signage. Motion passed 4.0 by a roll-call vote. C MANAGEMENT REPORTS 1 Building Permit Processing Update— New Programs and Procedures ■ Fiscal Impact: All of the proposed changes can be accomplished with ,.,., existing staff The changes are anticipated to be revenue neutral in the short term In the long term, the changes should encourage new development and permit application submittals and generate a positive economic impact on the City ■ Recommendation. City Council receive and file this report. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council PUBLIC COMMENT None There was Council consensus to receive and file this report. 2. First Amendment to Animal Services Contract ■ Fiscal Impact: The cost for the three-month extension ($49,860 00) is included in the proposed 2009-10 budget, as are the contract costs being proposed by the County through the 2009/2011 budget period ■ Recommendation Council authorize the City Manager to execute a First Amendment to the Animal Services Contract with the County of San Luis Obispo in the amount of $49,860 00 for the provision of Animal Control �,.. Services from July 1, 2009 to September 30, 2009 [Police] CC Minutes 6/23/09 Page 8 of 10 Approved August 11, 2009 Police Chief Jim Mulhall gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Mayor Beraud and seconded by Mayor Pro Tem Fonzi to authorize the City Manager to execute a First Amendment to the Animal Services Contract with the County of San Luis Obispo in the amount of $49,860.00 for the provision of Animal Control Services from July 1, 2009 to September 30, 2009 Motion passed 4.0 by a roll-call vote. 3. Authorization for the City Attorney to Cooperate in Litigation Challenging the Constitutionality of any Seizure by the State of Street Maintenance Funds ■ Fiscal Impact: A seizure by State government of the City's street maintenance funds would have the potential negative impact to the City budget of $495,000 in 2009-10 and $371,000 in 2010-1 ■ Recommendation. Council approve the Draft Resolution authorizing the City Attorney to cooperate with the League of California Cities, other cities, and counties in litigation challenging the constitutionality of any seizure by State government of the City's street maintenance funds [City Manager] City Manager Wade McKinney gave the staff report and answered questions from the Council PUBLIC COMMENT None Mayor Beraud closed the Public Comment period. MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to approve the Draft Resolution authorizing the City Attorney to cooperate with the League of California Cities, other cities, and counties in litigation challenging the constitutionality of any seizure by State government of the City's street maintenance funds. (Resolution No. 2009-069) Motion passed 4.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS None .r CC Minutes 6/23/09 Page 9 of 10 Approved August 11, 2009 D COMMITTEE REPORTS Mayor Beraud County Mayors Round Table — They talked about the State Budget again and their support for the Constitution Convention E. INDIVIDUAL DETERMINATION AND/ OR ACTION City Manager July 17-18 are the dates for the Constitution Convention Council Member Kelley seems to be the only Council Member that does not have scheduling conflicts at that time The League would like cities to delegate a representative There was Council consensus to appoint Council Member Bob Kelley as Atascadero's delegate. F ADJOURNMENT Mayor Beraud adjourned the meeting at 9 07 p m MINUTES PREPARED BY 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— FEMA handout on Outdoor Fires �r CC Minutes 6/23/09 Page 10 of 10