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HomeMy WebLinkAboutMinutes 102709 Approved November 24, 2009 wrr r�Fr r(r e� r 118i`s'+ r F r se79 CITY OF A TASCADERO CITY COUNCIL MINUTES Tuesday, October 27, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session 5 30 P M City Council Regular Session 6 00 P M CITY COUNCIL CLOSED SESSION 5 30 P M Mayor Beraud announced that the City Council would be going into Closed Session at 530pm 1 PUBLIC COMMENT— CLOSED SESSION - None 2. CALL TO ORDER a. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956 9(a)) Souza Construction Inc v City of Atascadero Case No LC 09859 3. ADJOURN wr CC Minutes of 10/27/09 Page 1 of 12 Approved November 24, 2009 CLOSED SESSION REPORT City Attorney Brian Pierik announced that during the Closed Session, the City Council authorized him to defend the lawsuit REGULAR SESSION 6 00 P M Mayor Beraud called the meeting to order at 6 01 p m and led the Pledge of Allegiance ROLL CALL Present: Council Members Clay, O'Malley, Fonzi and Mayor Beraud Absent- Council Member Kelley Others Present: City Clerk/ Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Deputy Administrative Services Director Jeri Rangel, Community Development Director Warren Frace, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Police Chief Jim Mulhall, and City Attorney Brian Pierik. APPROVAL OF AGENDA. Roll Call MOTION By Council Member Clay and seconded by Council Member O'Malley to approve the agenda. Motion passed 4.0 by a roll-call vote. PRESENTATION 1 Presentation to the Council by Michael E. Manchak, President and CEO of the Economic Vitality Corporation (EVC) Mr Manchak commended the City on its economic development efforts He explained that the EVC partners with cities on economic development issues Mr Manchak stated that the City of Atascadero should be proud of what you are doing to help the local economy Mr Manchak also gave an overview report on airport issues and the importance of maintaining and increasing the air service at the San Luis Obispo Regional Airport, and asked for the City's support. He introduced Richard Howe, General Manager for Airport CC Minutes of 10/27/09 Page 2 of 12 Approved November 24, 2009 Services for the County of San Luis Obispo, who shared with the Council some of things the Airport is doing with the EVC A. CONSENT CALENDAR 1 City Council Meeting Draft Minutes — September 8, 2009 ■ Recommendation. Council approve the Draft Meeting Minutes of September 8, 2009 [City Clerk] 2. Street Closure Request - 2009 Holiday Lighting ■ Fiscal Impact: $190 in Staff time ■ Recommendation. Council adopt the Draft Resolution establishing a temporary tow-away zone and street closure for the portion of Palma Avenue from West Mall to East Mall on Friday, December 4th, 2009, from 3 00 — 9 00 p m , for the Annual Holiday Lighting Ceremony at the Sunken Gardens [Community Services] 3. On-site Alcohol Sales License - Determination of Public Convenience - PLN 2009-1340 - 5855 EI Camino Real "Old Camozzi's Saloon" (Kennedy/ Holladay) ■ Description. Request to approve an on-site sale of beer, wine, and distilled spirits Alcohol Beverage Control license application ■ Fiscal Impact: Slight positive fiscal impact expected from increased am sales tax. ■ Recommendation. Council adopt Draft Resolution finding that public convenience would be served by allowing the issuance of an on-site sale of beer, wine, and distilled spirits license for an existing beer and wine establishment located at 5855 EI Camino Real (Old Camozzi's Saloon) [Community Development] 4 Annual Pavement Markings Award Bid Number 2009-012 ■ Fiscal Impact: Approval of this agreement will result in the expenditure of $ 42,943 00 for Fiscal Year 2009-2010 and $ 42,943 00 for Fiscal Year 2010-2011 from previously allocated Street Maintenance funds ■ Recommendation. Council authorize the City Manager to execute a contract with Toste Construction in the amount of $85,886 00 for two years of annual Pavement Marking Services [Public Works] 5 Las Lomas Landscape and Lighting District - Landscape Maintenance Services Award ■ Fiscal Impact. Maintenance responsibilities for the public landscaping improvements and open space are primarily the responsibility of the Las Lomas Landscape and Lighting Assessment district. The majority of these maintenance costs will be paid for by assessments on property ow owners in the districts, however, the City of Atascadero is responsible for CC Minutes of 10/27/09 Page 3 of 12 Approved November 24, 2009 25% of the cost for maintaining the open space This is currently estimated at $1,200 00 per year Approval of the agreement with Armets Landscape, Inc will result in the annual expenditure of $43,639 20 in funds from the Las Lomas Landscape and Lighting Assessment District. ■ Recommendation. Council authorize the City Manager to execute an agreement with Armets Landscape, Inc , for landscape maintenance services in the Las Lomas Landscape and Lighting Assessment District. [Public Works] 6 Temporary Road Closure - Seperado Avenue ■ Fiscal Impact: None ■ Recommendation. Council adopt Draft Resolution approving a request by Michael Frederick Paving for a construction road closure on Seperado Avenue, to take place on one day during the week of November 2 through November 6, 2009, for a pavement sealing project [Public Works] 7 Commitment to California Energy Commission's "Energy Partnership Program" ■ Fiscal Impact: There will be no immediate fiscal impact other than minor administrative and operations staff time to assist the energy audit team to access City facilities However the results of the energy audits will likely trigger the development of energy savings programs and future projects that will require staff time to file grant applications, and pursue stimulus program funding opportunities Any future projects or energy programs would be brought back to the City Council for further discussion once they are further defined Any equipment or construction projects would be contingent on acquiring suitable funding sources ■ Recommendation. Council adopt the attached Draft Resolution authorizing the Director of Public Works to execute all necessary documents to implement the Energy Partnership Program through the California Energy Commission [Public Works] 8. San Gabriel Road Safe Routes to School Project — City Bid No. 2009- 008 ■ Fiscal Impact: $265,003 of budgeted CalTrans Safe Routes to School Grant Funds (90%), City Local Transportation Funds (5%) and School District Contribution Funds (5%) ■ Recommendations. Council 1 Authorize the City Manager to execute a contract with Sosa Construction, in the amount of $255,003 00 to construct the Base Bid CC Minutes of 10/27/09 Page 4 of 12 Approved November 24, 2009 improvements and Bid Add Alternate A for the San Gabriel Safe Routes to School Project, and, "W 2 Authorize the City Manager to execute a change order with Cannon Engineering in the amount of $10,000 to provide construction engineering support services, and, 3 Authorize the Public Work Director to file a Notice of Completion after the project has been constructed [Public Works] MOTION By Council Member Clay and seconded by Mayor Pro Tem Fonzi to approve the Consent Calendar Motion passed 4.0 by a roll-call vote. (#A-2 Resolution No. 2009-085, #A-3 Resolution No. 2009-086, #A-4 Contract No. 2009-018, #A-5 Contract No. 2009-019, #A-6 Resolution No. 2009-087, #A-7 Resolution No. 2009-088, #A-8 Contract No. 2009-020) UPDATES FROM THE CITY MANAGER City Manager Wade McKinney stated they City staff is very excited to announce that all of the documents were signed today for the Colony Square project. He introduced Anita Robinson, CEO of Mission Community Bank, and Dr Jim Harrison and Peter Hilf, owners of the Colony Square project Dr Jim Harrison, co-owner of Colony Square project, said he has waited for this day for a long time He thanked everyone involved in assisting them with the long process to get to this point. Peter Hilf, co-owner of Colony Square project, stated he is excited to have this project ready to begin He hopes that the Colony Square will attract many people to the area. Anita Robinson, CEO of Mission Community Bank, said that she is here tonight to answer any technical questions that the Council may have She explained that there have been four to five attorneys involved, not to mention four banks, and a large stack of documents that have to be signed, go through escrow, and be recorded COMMUNITY FORUM Steve Shively, member of the Atascadero Ministerial Association, led those present in prayer Ann Hatch, secretary for the Veterans Memorial Foundation, announced they will be celebrating Veterans Day at the Memorial The celebration will be on November 11 t" at 11 00 a.m CC Minutes of 10/27/09 Page 5 of 12 Approved November 24, 2009 Mitch Paskin expressed his concerns with the roads involved with the Oak Ridge Estates He is concerned about the increased traffic and safety issues that will develop as this project is built out if an additional road is not constructed Ron Ulkelson, Associate Administrator with Sierra Vista Regional Medical Center, asked the Council to support the proposal before the County Board of Supervisors to adopt a Level Two Trauma Center in San Luis Obispo County The purpose of a designated Trauma Center is to increase survival rates and improve patient outcomes by transporting those patients to the most appropriate hospital in the shortest amount of time He stated that San Luis Obispo County is the only county in the State without a trauma center Mr Ulkelson submitted a handout for the Council (Exhibit A) Eric Greening announced that October was Arts Month He stated that artists are a very important resource in our community and that we should continue to support them He announced that on December 4th there will be another art and wine walk through the Downtown Chuck Ward announced the upcoming Marine Corps birthday on November 10th Steve Martin announced we had a very successful Colony Days earlier this month Mayor Beraud closed the COMMUNITY FORUM period. B PUBLIC HEARINGS 1 Report on Moratorium on the Establishment and Operation of Medical Marijuana Facilities and Draft Ordinance Prohibiting Medical Marijuana Facilities ■ Ex Parte Communications. ■ Fiscal Impact: None ■ Recommendations. Council 1 Adopt an Interim Urgency Ordinance extending the 45-day moratorium on the establishment and operation of medical marijuana facilities for a period of 10 months and 15 days through September 8, 2010, and, 2 Refer to the Planning Commission for consideration of a draft ordinance to repeal existing ordinances regarding medical marijuana and adopt an ordinance prohibiting the establishment and operation of medical marijuana facilities in the City [City Attorney] ExParte Communications None City Attorney Brian Pierik gave the staff report and answered questions from the Council CC Minutes of 10/27/09 Page 6 of 12 Approved November 24, 2009 PUBLIC COMMENT am Scott Zearing asked the Council to repeal this ban of marijuana facilities Melissa Zearing, a medical marijuana patient who has migraine headaches, urged the Council to allow medical marijuana facilities in Atascadero Eric Greening stated he is not a medical marijuana patient but he is a person with epilepsy and knows other epileptic patients who use marijuana to control seizures He suggested that rather than extending this moratorium, the City should do some research of other cities that have a discretionary permit and understand what those cities that are not reporting problems are doing to control the situation Warren J Sarvis, III, a medical marijuana patient, stated that he has no problems when he goes to a marijuana dispensary facility Karyn Sturtevant asked the Council to adopt the ordinance banning medical marijuana facilities in Atascadero Ms Sturtevant mentioned that the County allows medical marijuana facilities and supporters of the facilities should encourage facilities to open in the County Len Colamarino asked how the moratorium in Los Angeles compares to the moratorium being recommended tonight. Mayor Beraud closed the Public Comment period. City Attorney Pierik responded to comments made by the public Specifically, he read from his report multiple sections that list problems other cities have experienced including increased crimes MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to 1 Adopt an Interim Urgency Ordinance extending the 45-day moratorium on the establishment and operation of medical marijuana facilities for a period of 10 months and 15 days through September 8, 2010, and, 2 Refer to the Planning Commission for consideration of a draft ordinance to repeal existing ordinances regarding medical marijuana and adopt an ordinance prohibiting the establishment and operation of medical marijuana facilities in the City Motion passed 4.0 by a roll-call vote. (Ordinance No. 546) Mayor Beraud recessed the meeting at 7 46 p.m. CC Minutes of 10/27/09 Page 7 of 12 Approved November 24, 2009 Mayor Beraud reconvened the meeting at 7.55 p.m. ow 2. Community Facilities District 2005-1 - Annexation No. 4 (West Front Village) ■ Ex Parte Communications. ■ Description. Establishment of annexation No 4 (West Front Village) to fund new police, fire, and park services for this development ■ Fiscal Impact: Creation of the CFD is required to mitigate the fiscal impact of residential development on the City The CFD will create a revenue source for public safety personnel that will be revenue positive to the City ■ Recommendations. 1 Council conduct the public hearing on the proposed annexation, and direct the City Clerk to collect and count the ballots Council to recess until ballots are counted 2 Council adopt draft Resolution A, making certain findings, certifying the results of an election and adding property to Community Facilities District No 2005-1 (Public Services), Annexation No 4 (West Front Village) [Community Development] Ex Parte Communications — None Community Development Director Warren Frace gave the staff report and answered questions from the Council City Clerk Marcia McClure Torgerson explained the process the Council must follow to conduct this public hearing and establish the Community Facilities District. PUBLIC COMMENT None MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Clay to close the Public Hearing portion of this item Motion passed 4.0 by a roll-call vote. Mayor Beraud called a brief recess for the City Clerk to count the ballots The City Clerk counted the ballots and the meeting was resumed The City Clerk announced that there was one ballot and the property owner voted yes on both Proposition A and B The City Clerk stated that she recommends the City Council adopt the Draft Resolution CC Minutes of 10/27/09 Page 8 of 12 Approved November 24, 2009 MOTION By Mayor Pro Tem Fonzi and seconded by Council Member aw Clay to adopt draft Resolution A, making certain findings, certifying the results of an election and adding property to Community Facilities District No 2005-1 (Public Services), Annexation No 4 (West Front Village). Motion passed 4.0 by a roll-call vote. (Resolution No. 2009- 089) 3. Title 9 Planning and Zoning Text Amendment - PLN 2009-1335 / ZCH 2009-0155 (City of Atascadero) ■ Ex Parte Communications. ■ Fiscal Impact: None ■ Recommendations. The Planning Commission recommended that City Council adopt the Draft Ordinance A, to approve PLN 2009-1335 (Zone Text Change 2009-0155) based on findings Based on additional research since the Planning Commission hearing, staff recommends the City Council Introduce for first reading by title only the Draft Ordinance A, approving PLN 2009-1335 (Zone Text Change 2009-0155) based on findings, as recommended by the Planning Commission, and 1 Remove the proposed changes regarding "licensed therapeutic massage" as a personal service from the proposed ordinance, and 2 Replace the term "mobilehome" with "manufactured home" under the sales lot definition [Community Development] Ex Parte Communications - None Community Development Director Warren Frace gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to introduce for first reading by title only the Draft Ordinance A, approving PLN 2009-1335 (Zone Text Change 2009-0155) based on findings, as recommended by the Planning Commission, and 1 Remove the proposed changes regarding "licensed therapeutic massage" as a personal service from the proposed ordinance, and, 2. Replace the term "mobilehome" with "manufactured home" under the sales lot definition. am Motion passed 4.0 by a roll-call vote. CC Minutes of 10/27/09 Page 9 of 12 Approved November 24, 2009 C MANAGEMENT REPORTS 1 A Resolution Approving the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with Respect to the Sale of the Seller's Proposition 1A Receivable from the State, and Directing and Authorizing Certain Other Actions in Connection Therewith ■ Fiscal Impact: Participation in the Proposition 1A Securitization Program would allow the City to receive approximately $645,000 in fiscal year 2009/2010 These funds would backfill the $645,000 in funds being borrowed by the State in fiscal year 2009/2010, to be repaid by the State on June 30, 2013 ■ Recommendation. Council adopt the Draft Resolution approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the City of Atascadero's Proposition 1A Receivable from the State, and directing and authorizing certain other actions in connection therewith [Administrative Services] Deputy Administrative Services Director Jeri Rangel gave the staff report and answered questions from the Council PUBLIC COMMENT David Bentz stated several concerns he has with this transaction He said that the Council does not have enough information to make a decision Len Colamarino asked if the City is sure that the State is bound legally to absorb the costs involved in this transaction Sandy Jack asked what the timeframe is between the first and second borrowing allowed by the State Mayor Beraud closed the Public Comment period. City Manager Wade McKinney responded to the questions asked from the public MOTION By Council Member O'Malley and seconded by Council Member Clay to adopt the Draft Resolution approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the City of Atascadero's Proposition 1A Receivable from the State, and directing and authorizing certain other actions in connection therewith. Motion passed 4.0 by a roll-call vote. (Resolution No. 2009- too 090) CC Minutes of 10/27/09 Page 10 of 12 Approved November 24, 2009 COUNCIL ANNOUNCEMENTS AND REPORTS 1 Mayor Beraud Mayor Beraud is requesting the Council consider placing a City Council Resolution on a future agenda regarding bottled water and Styrofoam containers Mayor Beraud gave a brief report to the Council on the topic of plastic water bottles and Styrofoam containers She asked for Council consensus to place this issue on a future Council agenda for consideration Council Member Clay stated that he cannot support this item Mayor Pro Tem Fonzi stated that she supports the concept of Council Members being able to place items on the agenda. Ms Fonzi said that she does not know that she will support the proposed Resolution but as a courtesy to Mayor Beraud she would support the placement of this item on a future agenda. Council Member O'Malley stated that he does not support this item as he is concerned about the staff time that would be required to prepare a report on this issue Mayor Beraud stated that she sees that she does not have support for her proposal She wanted to be clear to the public that she was not proposing a ban on the use of bottled water or Styrofoam, and she was not proposing to impose a ban on the business community to incur more costs She explained that she was trying to have our City show leadership by restricting itself from using these two items Council Member Clay encouraged Atascadero citizens who work out of town, eat, go to movies, or shop out of town, to come back to Atascadero and support our restaurants by eating in Atascadero D COMMITTEE REPORTS Mayor Beraud 1 Homeless Services Governing Board — Mayor Beraud was unable to attend this meeting Council Member O'Malley 1 Economic Vitality Corporation, Board of Directors (EVC) — Next Board meeting is tomorrow He asked any citizens in the business community that would be interested in attending with him, could come with him as a guest am CC Minutes of 10/27/09 Page 11 of 12 Approved November 24, 2009 2 League of California Cities — Council Liaison and CITIPAC Board Member — This Thursday evening at the Carlton Hotel, David Mullinax of the League will be speaking on the latest information from Sacramento 3 SLO Council of Governments, Vice President (SLOCOG) — No meeting this month 4 Central Coast Regional Water Quality Control Board, Member (RWQCB) — The City representatives are working together to solve the water problems in our region E. INDIVIDUAL DETERMINATION AND/ OR ACTION None F ADJOURNMENT Mayor Beraud adjourned the meeting at 8 55 p m. MINUTES PREPARED BY P Ik I uMLytes 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—Assessment and Recommendations for Trauma System Development CC Minutes of 10/27/09 Page 12 of 12