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Home My WebLink AboutMinutes 071409 Approved September 8, 2009 �rrrr r n r?V . r� 1079 CITY OF A TA SCA DERO CITY COUNCIL MINUTES Tuesday, July 14, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California aw City Council Closed Session 5 30 P M Redevelopment Agency- 6 00 P M City Council Immediately following the conclusion of the Redevelopment Agency meeting CLOSED SESSION 5 30 P M. Mayor Beraud announced the Council would be going into Closed Session 1 PUBLIC COMMENT— CLOSED SESSION 2. CALL TO ORDER a. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Government Code aw Section 54956 9 (One case) CC Minutes 07/14/09 Page 1 of 10 Approved September 8, 2009 3. ADJOURN WM CLOSED SESSION REPORT City Attorney Brian Pierik announced that there was no reportable action taken 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 8 40 p m and Mayor Pro Tem Fonzi led the Pledge of Allegiance ROLL CALL. Present: Council Members Clay, O'Malley, Kelley, Fonzi and Mayor Beraud «.r 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. Council Member O'Malley suggested the Council remove Item #C-5 from the agenda. MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to remove Item #C-5 from the agenda. Motion passed 5.0 by a roll-call vote. CC Minutes 07/14/09 Page 2 of 10 Approved September 8, 2009 MOTION By Council Member O'Malley and seconded by Council Member Clay to approve the agenda, including the removal of Item #C-5 from the agenda. 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 Ken Forman, Deputy Community Development Director Luke Knight, GIS Analyst Scott Simons, Maintenance Worker II-Public Works Ten Years of Service Lori Brickey, Finance Technician A. CONSENT CALENDAR 1 City Council Meeting_ Draft Minutes —June 9, 2009 �.. Recommendation. Council approve the City Council Meeting Draft Minutes of June 9, 2009 [City Clerk] 2. Street Closure Request Movies in the Park ■ Fiscal Impact: The cost of staff time to close the streets is approximately $800 in budgeted funds ■ Recommendation Council adopt the Draft Resolution establishing a temporary tow-away zone and street closure for a portion of Palma Avenue on four Saturdays 8/1/09, 8/8/09, 8/15/09, 8/22/09 for the Movies in the Park 2009 Series [Community Services] 3. Colony Park Community Center Cafe Agreement ■ Fiscal Impact: The City will collect $300 per month rental fee for the cafe for the first two years of the agreement. After two years, if the Contract is extended by mutual agreement, the monthly rent will increase to $500 per month, and the City will share in the catering activities by obtaining 5% of the gross sales for on-site catering Amending the no alcohol policy at the Community Center to allow alcohol to be served and special events will help increase rental activity at the facility ■ Recommendations. Council CC Minutes 07/14/09 Page 3 of 10 Approved September 8, 2009 1 Authorize the City Manager to execute a two-year contract with extension provisions for the Cafe and food services for the Colony am Park Community Center with NCI Affiliates, Inc (NCI, Inc ), effective upon execution of the contract through August 1, 2011, and, 2 Approve the revision (attached) to the Colony Park alcohol policy to allow alcohol to be served for special events at the facility [Community Services] 4 Sewer System Management Plan ■ Fiscal Impact: This action has no direct impact on the City's General Fund, however to meet the new requirements in the SSMP there will be financial impacts to the City's Wastewater Enterprise Fund ■ Recommendations Council 1 Approve the City's Sewer System Management Plan (SSMP) in compliance with the Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems (Water Quality Order No 2006-0003), and, 2 Direct City staff to certify the SSMP with the State Water Board [Public Works] 5 Temporary Road Closure Amendment — Atascadero Main Street Summer Street Fair and Farmers Market ■ Fiscal Impact: No net fiscal impact 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 to extend the hours for the road closure for the Summer Street Fair and Farmers' Market and establishment of tow-away zones [Public Works] 6. Request for Waiver Letter for Burke, Williams, & Sorensen ■ Fiscal Impact: None ■ Recommendation Council authorize the City Manager to sign a Waiver Letter to Burke, Williams & Sorensen [City Attorney] 7 Temporary Road Closure — Hot EI Camino Cruise Nite 2009 ■ Fiscal Impact: The cost of putting on the event is approximately $13,750 It is anticipated that these costs will be fully recovered through sponsorships and entry fees ■ Recommendation. Council adopt the Draft Resolution authorizing the road closures at times and locations specified in the Resolution on Friday, August 21, 2009 for Hot EI Camino Cruise Nite 2009 [Community Services] CC Minutes 07/14/09 Page 4 of 10 Approved September 8, 2009 8. Final Map 2009-0170 (Parcel Map AT 06-0205) 9125 San Rafael Road (TPM 2007-0092) Jim Cvancara ■ Fiscal Impact: None ■ Recommendations. City Council 1 Adopt, approve, and accept Final Parcel Map 2009-0170 (Parcel Map AT 06-0205) on behalf of the public, and, 2 Authorize and direct the City Clerk to endorse the Council's approval on Final Parcel Map 2009-0170 (Parcel Map AT 06- 0205 ) Assistant City Manager Jim Lewis pulled Item #A-3 to clarify the item MOTION By Council Member Clay and seconded by Mayor Pro Tem Fonzi to approve Items #A-1, 2, 4, 5, 6, 7, & 8. Motion passed 5.0 by a roll-call vote. (#A-2 Resolution No. 2009-071, #A-5. Resolution No. 2009-072, #A-7 Resolution No. 2009-073) Item #A-3 Mr Lewis responded to questions he had received concerning the Community Center Cafe Agreement. MOTION By Council Member O'Malley and seconded by Council Member Clay to approve Item #A-3. Motion passed 5.0 by a roll-call vote. (Contract No. 2009-015) UPDATES FROM THE CITY MANAGER City Manager Wade McKinney explained that most of the City's big items are on the agenda tonight. Staff is waiting for the WalMart plan submittal, so WalMart will not be on the Council's August 11, 2009 agenda. COMMUNITY FORUM Joanne Main reminded everyone of upcoming community events She also mentioned that since the Chamber moved to their new location, they have received a substantial increase in traffic and requests for information about Atascadero Steve Martin reminded everyone of upcoming downtown events Barbie Butz reminded everyone of an upcoming fundraiser for the Performing Arts Center CC Minutes 07/14/09 Page 5 of 10 Approved September 8, 2009 Bob Wilkins reminded everyone of the upcoming dedication on Friday of a portion of Highway 41 to Robert & Pat Nimmo am Mayor Bdraud closed the COMMUNITY FORUM period. B PUBLIC HEARINGS 1 Placing Sewer Service Charges on the 2009-2010 Property Tax Rolls ■ Fiscal Impact: The City will bill $1,738,052 50 in sanitation service charges for Fiscal Year 2009-2010 ■ Recommendation Council adopt the attached Draft Resolution, adopting service charges to be added to the 2009-2010 property tax rolls [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Clay to adopt the attached Draft Resolution, adopting service charges to be added to the 2009-2010 property tax rolls. Motion passed 5.0 by a roll-call vote. (Resolution No. 2009- «r.� 074) 2. Downtown Parking and Business Improvement Area (PBIA) (FY 2007- 2008) Confirmation of Annual Assessment ■ Description. Request for Council to confirm annual assessment for downtown PBIA. ■ Fiscal Impact: None ■ Recommendation. Council adopt the Draft Resolution confirming the annual assessment for the Downtown Parking & Business Improvement Area (Fiscal Year 2009-2010) at $0 00 [City Manager] City Manager Wade McKinney gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Council Member Clay and seconded by Council Member O'Malley to adopt the Draft Resolution confirming the annual assessment for the Downtown Parking & Business Improvement Area (Fiscal Year 2009-2010) at $0.00 Motion passed 5.0 by a roll-call vote. (Resolution No. 2009- 075) CC Minutes 07/14/09 Page 6 of 10 Approved September 8, 2009 C MANAGEMENT REPORTS an 1 Update on City Council Goals and Implementation Plans ■ Fiscal Impact: There is no fiscal impact to the approval of these strategic planning goals and consent to the related action plans Action steps are budgeted in the current budget. ■ Recommendation Council receive an update on the City's goals and approve the implementation plans [City Manager] Assistant City Manager Jim Lewis gave the staff report and answered questions from the Council PUBLIC COMMENT Eric Greening stated he supports improvements in the pedestrian and bike paths He also asked for a timeline of the creation of a Transit Center He also asked for clarification of the goal listed in the staff report to develop the Sunken Gardens long- term strategic plan at a workshop with key stakeholders Mayor Beraud closed the Public Comment period. There was Council consensus to receive this report. 2. Del Rio Road Specific Plan and EIR Walmart/The Annex, Council Review of Public Meetina Schedule ■ Fiscal Impact: None ■ Recommendation. Council provide staff with direction on the public meeting schedule for the Wal-Mart / Annex project General Plan Amendment and EIR [Community Development] Community Development Department Warren Frace gave the staff report and answered questions from the Council PUBLIC COMMENT Mike Latner asked for clarification on the CEQA process and guidelines Ron Rothman asked that the meeting schedule be out to the public in its entirety to give the public a chance to plan for the meetings George Schroff said he is happy to see WalMart coming to town He asked the public to express their opinions but asked them to submit them in writing to be better heard rte. CC Minutes 07/14/09 Page 7 of 10 Approved September 8, 2009 Mike Jackson reminded everyone that if there isn't a WalMart on this site, there could be 200 homes Bruce Bevins asked that the public have the opportunity to state their concerns early on in the process Tino Santos stated that there have been enough delays The people have spoken and let's move this project forward. Ron Walters asked the Council to not delay this process any longer Bob Wilkins stated we need a healthy community with shopping opportunities This development will bring construction jobs, and then permanent employment once completed He urged the Council to move this project forward Mayor Beraud closed the Public Comment period. Mayor Beraud stated all the previous meetings concerning WalMart were about whether everyone wanted a WalMart. She expressed her concern that now that we are getting a WalMart she wants adequate time for the public to now ask questions and give input on this project. MOTION By Council Member O'Malley and seconded by Council Member Clay to give staff direction to move ahead with the proposed public meeting schedule for the Wal-Mart / Annex project General Plan Amendment and EIR. Motion passed 4 1 by a roll-call vote. (Beraud opposed) 3. SLOCOG Priorities for Interchange Operational Improvement Study ■ Fiscal Impact: None ■ Recommendation Council confirm staff's project rankings of potential SLOCOG funding of future projects based on the Interchange Operational Improvement Study [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Council Member O'Malley and seconded by Council Member Clay to approve staff's recommended project rankings of potential SLOCOG funding of future projects based on the Interchange Operational Improvement Study Motion passed 5.0 by a roll-call vote. CC Minutes 07/14/09 Page 8 of 10 Approved September 8, 2009 4 Council Norms and Procedures Consideration of Amendments ■ Fiscal Impact: None ■ Recommendation Council review the suggested amendments, make changes if desired, and approve the Council Norms and Procedures 2009 [City Manager] City Attorney Brian Pierik gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Council Member Kelley and seconded by Mayor Pro Tem Fonzi to approve the Council Norms and Procedures 2009 Motion passed 5.0 by a roll-call vote. 5. City CounG*1 Relations with Sta#— Amend QFdinanGe tNeRe tR eGE)MmeRdat♦em euRG;! di'rreficed thatthe QrdiRraRGe regulating staff,meetings with staff be plaGed on the agenda for ameRdment. It the en meetings with in a for fiFsrreading by title only 4Tund 13 to Title 2 [Giy Manage-j This item was removed from the agenda by the Council 6 Repeal Atascadero Campaign Ordinance ■ Fiscal Impact: The fiscal impact of the adoption of this Ordinance will eliminate cost of implementation of the Atascadero Campaign Ordinance which would include processing of Declaration of Candidacy Statements, calculation of expenditure limit for each election, public noticing requirements, press releases, postings on the website and processing of additional Late Contribution Reports ■ Recommendation Council directed that the Campaign Ordinance be placed on the agenda for repeal If the Council decides to repeal the Campaign Ordinance, then the Council must: Introduce for first reading by title only the Draft Ordinance amending the Atascadero Municipal Code by repealing Chapter 19 to Title 2, repealing an ordinance to be known as "Atascadero Campaign Ordinance " [City Attorney] CC Minutes 07/14/09 Page 9 of 10 Approved September 8, 2009 City Attorney Brian Pierik gave the staff report and answered questions from the Council PUBLIC COMMENT None Mayor Beraud stated that she participated with Council Member O'Malley on the Building Public Trust Committee One of the goals for the Committee was to look at campaign reform She said that she feels this action is a little hasty MOTION By Council Member Clay and seconded by Council Member Kelley to introduce for first reading by title only the Draft Ordinance amending the Atascadero Municipal Code by repealing Chapter 19 of Title 2, repealing an ordinance to be known as "Atascadero Campaign Ordinance." Motion passed 4.1 by a roll-call vote. (Beraud opposed) COUNCIL ANNOUNCEMENTS AND REPORTS None D COMMITTEE REPORTS None low E. INDIVIDUAL DETERMINATION AND/OR ACTION City Manager Mr McKinney announced that the Special Joint housing meeting with the Planning Commission that was planned for July 21St is not going to occur The Planning Commission is meeting on July 21St for their regular meeting There is only one item on the agenda so he is not going to have the meeting videotaped F ADJOURNMENT Mayor Beraud adjourned the meeting at 10 45 p m MINUTES PREPARED BY fyt � Marcia McClure Torgerson, C M C City Clerk/Assistant to the City Manager am CC Minutes 07/14/09 Page 10 of 10