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HomeMy WebLinkAboutMinutes 090809 Approved October 27, 2009 lrr rani r r t� 119' { 19�9 CITY OF A TA SCA DERO \ CITY COUNCIL MINUTES Tuesday, September 8, 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 CITY COUNCIL CLOSED SESSION 5 00 P M 1 PUBLIC COMMENT— CLOSED SESSION - None 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 CLOSED SESSION REPORT The City Attorney announced that there was no reportable action taken CC Minutes 09/08/09 Page 1 of 10 Approved October 27, 2009 REGULAR SESSION 6 00 P M Mayor Beraud called the meeting to order at 6 00 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 Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA. Roll Call MOTION By Mayor Pro Tem Fonzi and seconded by Council Member O'Malley to approve the agenda. Motion passed 5.0 by a roll-call vote. A. CONSENT CALENDAR 1 City Council Meeting Draft Minutes —July 14, 2009 ■ Recommendation. Council approve the Draft Meeting Minutes of July 14, 2009 [City Clerk] 2. Adoption of Updated Purchasing Policy ■ Fiscal Impact: Minor potential impact up to 3% of certain purchases ■ Recommendation. Council adopt Draft Resolution amending the City of Atascadero Purchasing Policy [Administrative Services] 3. June 2009 Accounts Payable and Payroll ■ Fiscal Impact: $1,984,978 11 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for June 2009 [Administrative Services] CC Minutes 09/08/09 Page 2 of 10 Approved October 27, 2009 4 PLN 2099-0997 - Zone Text Change 2003-0058 Amendment (West Front Village, LLC) MW ■ Description. Proposed PD-23 Zone Text Change to allow indoor recreation services and amusement services in the business park portion of PD-23 with specific parking requirements ■ Fiscal Impact: None ■ Recommendation. Council adopt on second reading, by title only, draft Ordinance A approving Zone Change 2003-0058 Amendment (PLN 2099-0997) based on findings [Community Development] 5 Annual Street Striping Award ■ Fiscal Impact. Approval of this agreement will result in the expenditure of budgeted funds in the amounts of $ 26,732 96 for Fiscal Year 2009- 2010 and $ 27,431 04 for Fiscal Year 2010-2011 ■ Recommendation. Council authorize the City Manager to execute a contract with Toste Construction in the amount of $54,164 00 for two years of annual street striping [Public Works] Mayor Beraud announced that she would like to pull Item #A-4 so that she can vote no MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to approve Items #A-1, 2, 3, and 5 of the Consent Calendar Motion passed 5.0 by a roll-call vote. (#A-2- Resolution No. 2009-082, #A-5 Contract No. 2009-016) MOTION By Council Member Clay and seconded by Mayor Pro Tem Fonzi to approve Item #A-4 Motion passed 4 1 by a roll-call vote. (Beraud opposed) (Ordinance No. 544) UPDATES FROM THE CITY MANAGER City Manager Wade McKinney announced that all agreements and funding are in place for Colony Square and a groundbreaking is expected in October Financing and lease documents for the movie theater are being finalized Public Works Director Russ Thompson provided an update on the water quality and oxygen content at Atascadero Lake, impacted by the drought and resulting low water levels He described measures staff is taking to address the problems with standby pumps, spraying and circulation of water until rains arrive Public Works Director Thompson reported on a recent meeting staff held with Las Lomas residents to hear their concerns on landscape maintenance in the neighborhood CC Minutes 09/08/09 Page 3 of 10 Approved October 27, 2009 Staff has incorporated their comments in the upcoming bid process for the landscape maintenance contract and will also monitor the situation Now City Manager McKinney reported that the City has not yet received a new application from WalMart, but staff is continuing to follow up with WalMart representatives COMMUNITY FORUM Tom Farrell, member of the Atascadero Ministerial Association, led those present in prayer Lee Perkins expressed her concern with the current condition of the Lake She also stated that she is opposed to the City helping Kelly Gearhart with the mothballing of the Printery David Broadwater defended statements he made in an email concerning some Council Members' campaign contributions, financial reporting and public access to that information He expressed his concern with statements made against him at the last Council meeting regarding his report and added that all statements he made in his report were factual Grenda Ernst, representative of Friends of the Library, provided an update on the Library expansion efforts She announced that the Friends of the Library just hired an architect for the project, Greg Ravatt. She invited the public to the upcoming fundraiser to be held on October 24th at Red Tree Gallery Steve Martin announced that Colony Days will be held on October 17th He reported on improvements in this year's event that include a parade route change to focus more on the Downtown and to avoid freeway off-ramp closures Information is available at colonydays com, as well as the Main Street Office, Chamber Office and City Hall Mayor Beraud closed the COMMUNITY FORUM period. City Manager McKinney clarified that no mothballing of the Printery building has taken place, nor have any funds been directed to Kelly Gearhart, as the City Council has not yet authorized staff to do so Council Member Clay asked if the City owed any payments to developer Kelly Gearhart for sewer line reimbursements City Attorney Brian Pierik said that a review of the six projects revealed that the City did not owe any payments to Mr Gearhart. Mayor Beraud asked about the past aeration system at the Lake City Manager McKinney described the former system, but stated that after it became inoperable in the 90's, it was replaced by the current solar bee system aw CC Minutes 09/08/09 Page 4 of 10 Approved October 27, 2009 B PUBLIC HEARINGS None. C MANAGEMENT REPORTS 1 Fee Waiver Request for Atascadero Lake Park Special Event: Veterans Foundation Poker Run ■ Fiscal Impact: Potential fees of $500, either collected or waived A waiver could also result in thousands of dollars in future fee waivers, if a new Council precedent is set to waive non-profit fees for this type of event. ■ Recommendation. Council review and deny the request for a fee waiver for use of the Atascadero Lake Park for the Veterans Memorial Foundation "Poker Run" on September 12, 2009 [Community Services] Mayor Pro Tem Fonzi announced that she will not be voting on this item to avoid any appearance of impropriety, as she is a member of the Veterans Memorial Foundation Board of Directors She stated that she has no financial interest in the outcome Community Services Director Brady Cherry gave the staff report and answered questions from the Council PUBLIC COMMENT saw Chuck Ward answered questions from the Council and stated the reasons for requesting the fee waiver Eric Estell stated he will pay the fee for this event. David Bentz said the City is being penny wise and pound foolish and should waive this fee Mayor Beraud closed the Public Comment period. Council Member Kelley stated he appreciates all of the non-profit groups in the City and that all groups pay their fees He stated he felt that the Veterans Foundation is unique in that it has created a national monument that is a part of the Purple Highway and that the event will bring in tourism dollars for the City He said he feels the City should waive the fee this one time in honor of our fallen comrades MOTION By Council Member Kelley and seconded by Council Member Clay to waive the fee for the Veterans Foundation Mayor Beraud said she supports staff's recommendation and that the Council needs to give consistent direction to staff in the matter of fees She felt waiving the fee sets a CC Minutes 09/08/09 Page 5 of 10 Approved October 27, 2009 bad precedent. Council Member Clay withdrew his second, stating that the fee may be covered by Council Member donations Council Member Kelley withdrew his motion Council Members Clay, O'Malley and Kelley each pledged $100 toward the $500 00 fee There was Council consensus to end the discussion on this item as Council Members, citizens, and Staff members in the room offered money towards the rental fee, and the fee was not going to be waived. 2. Report on Interim Urgency Ordinance Establishing a Temporary Moratorium on the Establishment and Operation of Medical Marijuana Facilities ■ Fiscal Impact. None ■ Recommendation. Council adopt an Interim Urgency Ordinance Establishing a Temporary Moratorium on the Establishment and Operation of Medical Marijuana Facilities [City Attorney] City Attorney Pierik gave the staff report and answered questions from the Council PUBLIC COMMENT Nathan Perot stated that larger cities experience increased crime in the surrounding neighborhoods, however, he said Atascadero would not experience this impact due to its size and controls already in place He said passage of this ordinance would neglect patient rights Rich (no last name offered) stated he currently runs a medical marijuana collective and holistic center that includes delivery of medical marijuana to local patients He said that the City's current ordinance would prevent problems arising with a dispensary David Broadwater cautioned the Council concerning adopting an urgency ordinance as it limits public input since the ordinance is adopted after only one hearing Toni Paradis introduced her son, Michael Green, and voiced her opposition to the ordinance so that the opportunity for more public input would be available Mayor Beraud closed the Public Comment period. MOTION By Council Member O'Malley and seconded by Council Member Kelley to adopt an Interim Urgency Ordinance Establishing a Temporary Moratorium on the Establishment and Operation of Medical Marijuana Facilities. MW CC Minutes 09/08/09 Page 6 of 10 Approved October 27, 2009 Motion passed 5.0 by a roll-call vote. (Urgency Ordinance No. 545) 3. Authorization to Adopt State Video Services Franchise Agreement and Impose PEG Fees ■ Fiscal Impact: There is no impact to the General Fund as a result of the staff recommendation, however collection of PEG fees would provide up to $45,000 annually for the purchase of maintenance of video broadcasting equipment ■ Recommendations. Council 1 Introduce for first reading by title only the Draft Ordinance repealing uncodified City Ordinance No 137 and amending Title 1, Chapter 10 of the Atascadero Municipal Code to add new sections 1-10 41 and 1-1042 relating to the Digital Infrastructure and Video Competition Act (DIVCA), provide for the continuation of video and i-net service to the City, and special provisions applicable to holders of state video franchise, and, 2 Accept the side letter between Charter Communications and the City of Atascadero that provides for continued use of the fiber I-net that connects City facilities and cable television services free of charge through 2016 [City Manager] Assistant City Manager Jim Lewis gave the staff report and answered questions from the Council PUBLIC COMMENT Len Colamarino spoke in favor of initiating PEG fees He asked if there was a way that non-Charter subscribers could contribute to defray the City's costs Sandy Jack said it is the wrong time to charge another tax on Atascadero's citizens, and it would send the wrong message during this difficult economy He said he is against ownership of equipment due to accompanying costs David Broadwater stated that he strongly supports the staff's recommendation on this issue He said this would put the broadcasting of meetings on a solid foundation for the future David Bentz urged the Council to get feedback from those who would be paying the fee before proceeding Mayor Beraud closed the Public Comment period. Council Members O'Malley, Kelley, Clay and Mayor Pro Tem Fonzi all expressed their Now hesitancy regarding taxing citizens for this service CC Minutes 09/08/09 Page 7 of 10 Approved October 27, 2009 Mayor Beraud stated she supports moving forward with the PEG fees MOTION By Council Member O'Malley and seconded by Council Member Clay to deny staff's recommendations. Motion passed 4 1 by a roll-call vote. (Beraud opposed) Mayor Beraud recessed the meeting at 8.18 p.m. Mayor Beraud reconvened the meeting at 8.30 p.m. Mayor Beraud announced that Chuck Ward would like to briefly address the Council Chuck Ward said that even though he was disappointed by the Council's denial of his request to waive the Veterans Foundation event fee, after he stepped down from the lectern earlier, several people approached him to donate money for the fee The donations totaled $1,000, enough for the City's fee this year and next! 4 Atascadero Sub-Basin / Paso Robles Groundwater Basin Study Participation ■ Fiscal Impact: The proposed budget allocation will authorize $16,000 in expenditures from the General Fund Reserve ■ Recommendation. Council authorize a budget appropriation from the General Fund Reserve in the amount of $16,000 to participate in the Paso Robles Groundwater Study as it applies to the Atascadero sub- basin [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council PUBLIC COMMENT None Mayor Beraud closed the Public Comment period. MOTION By Council Member Clay and seconded by Council Member O'Malley to authorize a budget appropriation from the General Fund Reserve in the amount of $16,000 to participate in the Paso Robles Groundwater Study as it applies to the Atascadero sub-basin Motion passed 5.0 by a roll-call vote. CC Minutes 09/08/09 Page 8 of 10 Approved October 27, 2009 COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Clay encouraged everyone to support our local restaurants If not, before we know it, they will be gone He expressed his concern with the new no- smoking ordinance He asked the Council if there was consensus to reconsider this ordinance in one year There was Council consensus to bring back the no-smoking ordinance for review in one year Mayor Beraud announced the creek cleanup on October 3rd and the Garden Festival on October 10th, with both events convening at the Colony House D COMMITTEE REPORTS Mayor Beraud Mayor Beraud reported on her attendance at the Mayors Roundtable last week and stated the League is focusing on a ballot initiative in November to establish local control over local taxes The League will also be looking at a constitutional convention that examines local vs state issues The City will be hosting the monthly meeting of the Mayors Roundtable in December Council Member Kelley Council Member Kelley stated he gave a presentation on the status of Colony Square at last week's meeting of the Atascadero Youth Task Force Council Member O'Malley Council Member O'Malley reported on property acquisitions by SLOCOG and RTA He announced SLOCOG's upcoming Open House on October 7th He added that RTA has taken over management of transportation in-house rather than contracting out. Council Member O'Malley said storm water discussions have been productive at the Central Coast Regional Water Quality Control Board meetings and he commended the City on some positive design projects in this regard E. INDIVIDUAL DETERMINATION AND / OR ACTION None F ADJOURNMENT Mayor Beraud adjourned the meeting at 9 09 p m low CC Minutes 09/08/09 Page 9 of 10 Approved October 27, 2009 MINUTES PREPARED BY NNW --�-' Marcia McClure Torgerson, C M C City Clerk/Assistant to the City Manager aw am CC Minutes 09/08/09 Page 10 of 10