HomeMy WebLinkAboutMinutes 022310 Approved March 23, 2010
OEM r u.n� r ..r
�' CITY OF A TA SCA DERO
CITY COUNCIL
MINUTES
Tuesday, February 23, 2010
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
Community Redevelopment Agency Closed Session 5.00 P M
City Council Closed Session 5.00 P M (follows RDA Closed
Session)
Community Redevelopment Agency Special Meeting 6 00 P M
City Council Immediately following the conclusion of the
Community Redevelopment Agency meeting
CITY COUNCIL CLOSED SESSION 5 00 P M. (follows RDA
Closed Session)
Mayor Fonzi called the meeting to order at 5,00 p m
1 PUBLIC COMMENT— CLOSED SESSION - None
CC Minutes 02/23/10
Page 1 of 12
Approved March 23, 2010
2. CALL TO ORDER
am
a. Conference with Labor Negotiators(Govt. Code Sec 54957 6)
Agency designated representatives Wade McKinney, City Manager
Employee Organizations Atascadero Firefighters Bargaining Unit;
Atascadero Police Association, Service Employees International Union,
Local 620; Mid-Management/Professional Employees, Non-Represented
Professional and Management Workers and Confidential Employees
3. ADJOURN
CLOSED SESSION REPORT
City Attorney Brian Pierik announced that there was no reportable action taken
REDEVELOPMENT AGENCY SPECIAL MEETING 6 00 P M.
CITY COUNCIL REGULAR SESSION Immediately following the conclusion of the
Redevelopment Agency Special Meeting
Mayor Fonzi called the meeting to order at 6.55 p m and Council Member Beraud led
the Pledge of Allegiance
ROLL CALL.
Present: Council Members Clay, O'Malley, Kelley, Beraud and Mayor Fonzi
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 Council Member Beraud and seconded by Council Member
Clay to approve the agenda.
Motion passed 5.0 by a roll-call vote.
CC Minutes 02/23/10
Page 2 of 12
.00
Approved March 23, 2010
A. CONSENT CALENDAR
1 City Council Special Meeting Draft Minutes (Topic. City Treasurer
Reports)-January 7, 2010
■ Recommendation. Council approve the Draft Special Meeting Minutes
of January 7, 2010 [City Clerk]
2. City Council Special Meeting Draft Minutes (Topic. Emplovees and
Labor Relations)—January 7, 2010
■ Recommendation. Council approve the Draft Special Meeting Minutes
of January 7, 2010 [City Clerk]
3. City Council Meeting Draft Minutes —January 12, 2010
■ Recommendation. Council approve the Draft Meeting Minutes of
January 12, 2010 [City Clerk]
4 Investment Policy
■ Fiscal Impact: Quarterly reports will save approximately 64 hours of staff
time annually, or roughly $3,000
■ Recommendation. Council adopt the Draft Resolution amending the
City of Atascadero Investment Policy [Administrative Services]
5. Lease Agreement with Community Redevelopment Agency
■ Fiscal Impact: The City of Atascadero will tender $31,133 00 each
month of the Agreement for a total of $1,058,522 00 over the term of the
lease The City expects to be reimbursed by FEMA for the lease
payments made during the term
■ Recommendation. Council authorize City Manager to execute the
renewed Lease Agreement between the City of Atascadero and the
Atascadero Community Redevelopment Agency [City Manager]
6. Second Readinq - Water Efficient Landscape Ordinance - Title 8
Building Code Text Amendment - PLN 2010-1352 (City of Atascadero)
■ Fiscal Impact: Staff time for review of landscape plans and Landscape
Documentation Packages, and to verify landscape installation can be
absorbed with existing staff for now
■ Recommendation. Council adopt on second reading, by title only, draft
Ordinance A approving an amendment to Title 8, the Building Code, of
the Atascadero Municipal Code, to establish a Water Efficient
Landscape and Irrigation Ordinance as required by the State of
California. [Community Development]
CC Minutes 02/23/10
Page 3 of 12
OVA
Approved March 23, 2010
7 Authorization for Participation in California FIRST State Energy
Program Grant
Fiscal Impact: There is no fiscal impact to the City State Energy
Program funds will be used to offset California FIRST program start-up
costs If grant funds are not received, the County of San Luis Obispo
may pay the fees with the County EECBG funds, or these costs will be
absorbed as part of the financing charged to individuals participating in
the program in the form of higher borrowing costs While higher
borrowing costs would not result in a direct impact to cities and counties,
it could negatively impact the level of participation if the cost to finance
energy improvements is higher
■ Recommendation. Council adopt Draft Resolution A, authorizing
Sacramento County, as the lead collaborative entity, to apply for funds
on behalf of the City of Atascadero for energy efficiency and
conservation activities in association with the California FIRST Program,
a Statewide AB 811 Energy Efficiency Financing Program [Community
Development]
8. Arts in Public Places Policy Amendment
■ Fiscal Impact: None
■ Recommendation. Council approve the Arts in Public Places policy as
amended [Community Services]
9 Authorization to Obtain State & Federal Level Summary Criminal
"'■' History Information
■ Fiscal Impact: No cost, but will provide minimal cost savings for the next
three to seven years
■ Recommendation. Council adopt the Draft Resolution authorizing the
Fire Chief, or his designee from the Atascadero City Fire Department, to
access State and Federal level summary criminal history information for
all sworn personnel of the Atascadero City Fire Department. [Fire]
10. Road Project Funding — Proiect Authorization
■ Fiscal Impact: The adoption of these Resolutions will allow future
authorizations and/or funding reimbursements to be received by the City
on these projects
■ Recommendation. Council adopt the draft Resolutions, authorizing the
City Manager or his designee to execute CalTrans documents for
specific Federal-Aid projects [Public Works]
CC Minutes 02/23/10
Page 4 of 12
ago
Approved March 23, 2010
MOTION By Council Member Clay and seconded by Council Member
am Kelley to approve the Consent Calendar
Motion passed 5:0 by a roll-call vote. (#A-4 Resolution No.
2010-004, #A-5. Contract No. 2010-002, #A-6. Ordinance No.
548, #A-7 Resolution No. 2010-005, #A-9- Resolution No. 2010-
006, #A-10• Resolution No. 2010-007, Resolution No. 2010-008,
& Resolution No. 2010-009)
UPDATES FROM THE CITY MANAGER
City Manager Wade McKinney announced that the City is approaching our accreditation
hearing for the Zoo and are very optimistic. We are planning a reception in April to
celebrate Peter Hilf, one of the partners of Colony Square, has orchestrated a donation
from a Foundation that he is involved with, of $50,000 towards the Zoo entrance
features
Colony Square is making good progress Also, Galaxy Theater would like to showcase
their theater in Tulare to the City Council in March If the Council decides to go to
Tulare, Staff will call a Special Meeting of the City Council
Staff is still waiting for the WalMart project plans to be submitted at any time
Staff did receive the re-submittal of the La Plaza plans Mr McKinney clarified that the
La Plaza Project no longer includes the entire block, it is now the cinema project which
only includes from the Main Street building through the former Thrift Shop property He
asked for consensus of the Council for a joint City Council and Planning Commission
Workshop to work through the submittal that the City currently has on file
There was Council consensus to set up a Joint Special Meeting
for the City Council and the Planning Commission
Mayor Fonzi announced that all the Council Members share in the appreciation to Mr
Hilf for the generous donation of $50,000 for the Zoo entrance
COMMUNITY FORUM
Tom Gaddis, member of the Atascadero Ministerial Association, led those present in
prayer
Mitch Paskin spoke about his request for a road to be cut from Oak Ridge Estates to
Los Altos Road to address the traffic increases
Grenda Ernst, Friends of the Library, reminded everyone about the Dancing with the
Stars fundraising event coming up in March.
wow
CC Minutes 02/23/10
Page 5 of 12
aw
Approved March 23, 2010
Steve Martin, Executive Director for Main Street, updated the Council on events Main
om Street is working on for Atascadero
Joanne Main updated the Council on Chamber events coming up next month
Livia Kellerman asked if Atascadero is really going to have two theaters.
Tom Lewis thanked the Council for moving forward with preserving the Printery He
also invited everyone to the Historical Society's annual E.G Lewis dinner on March 6th
at the Community Church
Mayor Fonzi closed the COMMUNITY FORUM period.
Mr McKinney explained that Atascadero currently has a theater project under
construction and another theater project being proposed Both of these projects are not
City projects, they are private projects It is permitted to allow two theaters in
Atascadero and is up to the property owners as to what they want to build
Mr McKinney stated that Atascadero, like most cities, is plagued with many dormant
projects Staff has concerns about the Oak Ridge Estates project. Staff will be
submitting a report to the Council regarding the requirements of the developer
B. PUBLIC HEARINGS None.
C MANAGEMENT REPORTS
1 Resolution of Support for the Designation of the "Faces of Freedom"
Veterans Memorial
■ Fiscal Impact: Staff believes that the designation of the "Faces of
Freedom" as the official County Veterans Memorial will have a long term
positive impact on Atascadero's economy due to increased tourism
drawn to the area by the Memorial
■ Recommendation. Council adopt the Draft Resolution of support, to be
presented to the San Luis Obispo County Board of Supervisors, for the
designation of the "Faces of Freedom" Veterans Memorial to be declared
the official San Luis Obispo County Veterans Memorial [Community
Services]
Community Services Director Brady Cherry gave the staff report and answered
questions from the Council
UAW
CC Minutes 02/23/10
Page 6 of 12
vrr�'
Approved March 23, 2010
PUBLIC COMMENT
am
Chuck Ward shared letters of support for Atascadero's Veterans Memorial to be
designated as the official County Veterans Memorial
Mike Brennler thanked Mr Ward and the veterans for their work on this issue and urged
the Council to approve this request.
Tom Lewis also thanked Mr Ward and expressed his support for this request.
Mayor Fonzi closed the Public Comment period.
MOTION By Council Member Kelley and seconded by Council Member
Clay to adopt the Draft Resolution of support, to be presented
to the San Luis Obispo County Board of Supervisors, for the
designation of the "Faces of Freedom" Veterans Memorial to
be declared the official San Luis Obispo County Veterans
Memorial.
Motion passed 5.0 by a roll-call vote. (Resolution No. 2010-
010)
2. Sign Ordinance - Mural Policy Options
■ Fiscal Impact: City payment of AUP fees for murals would likely result in
a total cost of $1000 to $2000 annually
■ Recommendations. Council
1 Determine that murals are signs and are subject to the requirements
of the sign ordinance Murals exceeding the size limitations of the
sign ordinance would be subject to an Administrative Use Permit
(AUP), and,
2 Establish a new stimulus program to cover$505 of the permit fee and
the noticing costs for AUP's for murals located outside of the RDA
boundary (The resulting cost for applicants will be $100)
[Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions from the Council
PUBLIC COMMENT
Len Colamarino commended staff's handling of this situation He agrees that there
needs to be some sort of regulation to protect the community
CC Minutes 02/23/10
Page 7 of 12
Approved March 23, 2010
David Broadwater stated that he supports the creation of a new process outside the
sign ordinance for the review and approval of murals He also urged the Council to
send this issue to the Planning Commission to gain other options
Robin Schmidt, owner of K-Man Cyclery, suggested the Council consider adapting the
City's Art in Public Places Policy for art on private property
Kathleen King told the City Council she is the artist who painted the mural on the K-Man
Cyclery building She urged the Council to create a separate policy for the approval of
murals
Martha Vatenweigen shared her opinion of the difference between art and signs She
asked the Council to consider the mural on K-Man Cyclery as art.
Livia Kellerman encouraged the Council to have a process for murals
Mike Jackson stated that the City claims to be business friendly, but has requirements
that are not business friendly He said that he did not any suggestions on how to solve
this problem, and acknowledged that this is a difficult situation, but urged the Council to
come up with a solution
Mike Brennler said that over the years the City has been inconsistent in its enforcement.
He stated that he can understand the requirement of an administrative review of murals,
but he feels that $605 is overkill
Karen Sturtevant stated that she felt that there were some misconceptions at the last
Council meeting on this issue and she knows that everyone appreciates the mural She
felt confident that the City Council will reach a conclusion that will assist business
owners and protect the community
Tom Lewis said that he looks forward to the City Council coming up with a policy for art
that is viewed by the public
Al Fonzi reminded the Council about government in general, local government is the
most oppressive level of government. They can tell you if you have to cut your grass, or
what you can plant, or how high your fence can be They can regulate most aspects of
your life He stated that this issue is a case of personal freedom and private property
rights Mr Fonzi stated that a mural is art, not a sign
Dan Chacon said that trying to define art is like herding cats Our community must
define what is the community standard, rather than individual opinions
Robin Schmidt apologized for not going through the correct process in the beginning
They considered their mural art and not a sign.
Mike Lautner suggested enabling artists by having a strong public art program
CC Minutes 02/23/10
Page 8 of 12
ago
Approved March 23, 2010
Mayor Fonzi closed the Public Comment period.
Mayor Fonzi recessed the meeting at 8:37 p.m.
Mayor Fonzi reconvened the meeting at 8.47 p.m.
MOTION• By Mayor Pro Tem O'Malley and seconded by Council Member
Clay to
1 Determine that murals are signs and are subject to the
requirements of the sign ordinance; murals exceeding the
size limitations of the sign ordinance will be subject to an
Administrative Use Permit (AUP), and,
2. Direct staff to establish a new stimulus program to cover
the cost of the permit fee and the noticing costs for ADP's
for murals located outside of the RDA boundary; and,
3. Direct staff to consider the K-Man Cyclery permit as
retroactive to the new stimulus program, and,
4. Direct staff to bring any AUP permit applications, where
they have questions of their appropriateness, to the City
Council for consideration
Motion passed 5:0 by a roll-call vote.
3. Historic City Hall Rehabilitation Project
■ Fiscal Impact: There is no fiscal impact to tonight's action, however the
current estimated City contribution to the City Hall Project now stands at
$12 9 million
■ Recommendation. Information only [Administrative Services]
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions from the Council Stephanie Kingsnorth from Pfeiffer Partners also answered
questions from the Council
PUBLIC COMMENT
David Bentz cautioned the Council that the restoration of the City Hall is going to cost
millions more than originally expected
Len Colamarino commended staff for the excellent report. He asked when the Council
would be asked to decide on the design of the interior of the building He encouraged
the Council to focus on having this restoration complete by the City's centennial
David Broadwater stated he is strongly in favor of the restoration of the City Hall
However, he is concerned about the City's claim to FEMA that the 2003 earthquake
CC Minutes 02/23/10
Page 9 of 12
Approved March 23, 2010
caused the building to sink seven inches when the building was not level before the
earthquake He referred to a Tribune article in June of 2003 that stated this fact.
NNW
Mike Jackson expressed his concerns with the ever increasing costs to restore this
building
Mike Brennler asked if the fact that the building's settlement issues before the
earthquake of 2003 were reported to Dr Hanson of FEMA. He stated that the City
should receive every legitimate penny due to the City He reminded the Council that
they are all aware of the status of the building's settlement issues before the
earthquake, and stated that they are putting themselves at great risk, and that it is just
not right.
Chuck Ward stated that the City needs to have an assertive posture when dealing with
FEMA.
Tom Lewis thanked Staff for the report. He stated that the building was approximately
90 years old before the earthquake and probably experienced some settling He said
that he trusts that staff and the City know what they are doing, and so far so good He
encouraged the Council to continue on
Mayor Fonzi closed the Public Comment period.
Ms Rickard stated that the City needs to be very cautious as this process continues, as
WAM the costs continue to rise Staff is aware of the Tribune newspaper article that stated
the City had a levelness survey conducted in early 2003, and that the article has been
forwarded to FEMA. The contractor came out and looked at the building, but did not
submit a report to the City, or charge the City for any services Ms Rickard stated that
it would be a blessing if we had a levelness survey from before the earthquake to
compare to now, but we do not have one The City has never contended that the
building was completely level before the earthquake The City claims that the building
shifted significantly as a result of the earthquake
In reference to Mr Brennler's comments, Mr Pierik stated that the City has provided all
the information it has to FEMA so there is no risk for any Council Member
The City Council received the report.
COUNCIL ANNOUNCEMENTS AND REPORTS.
1 Council Member Ellen Beraud
Council Member Beraud would like to propose that the Council adopt a
Resolution to encourage recycling and reduce waste in our community
CC Minutes 02/23/10
Page 10 of 12
Approved March 23, 2010
Council Member Beraud gave a report on this issue and answered questions from the
rest of the Council She also gave out handouts (Exhibit A)
aw
PUBLIC COMMENT
Russ Hicks, representative of Waste Management, stated that they will co-sponsor and
provide recycling containers for all City sponsored events.
Karyn Sturtevant expressed her concern with discouraging people to use plastic bottles
for drinking water during the summer months
Mike Lautner stated that people ought to be able to do almost anything that doesn't
affect others When we pollute the environment, it does affect others He said that he
feels Styrofoam should be outlawed He encouraged the Council to adopt the
Resolution to empower citizens to educate each other to do what's right.
Chuck Ward offered that a ceramic cup took more BTUs to make than Styrofoam cups
There has to be an element of common sense He cautioned the Council that banning
Styrofoam or plastic bottles is a slippery slope
Mayor Fonzi closed the Public Comment period.
MOTION By Mayor Pro Tem O'Malley and seconded by Council Member
Kelley to adopt the Draft Resolution with the following
aw amendments- Eliminate the second through sixth Whereas
paragraphs, and eliminate the phrase "as to why Styrofoam
containers are not acceptable products for use."
Motion passed 3:2 by a roll-call vote. (Clay and Fonzi opposed)
(Resolution No. 2010-011)
D COMMITTEE REPORTS None
E. INDIVIDUAL DETERMINATION AND/OR ACTION
City Manager
Mr McKinney asked the Council to schedule on their calendars Thursday, March
4th at 6.00 p m for the La Plaza Study Session, and Thursday, March 11th for the
tour of the Galaxy Theater in Tulare
F ADJOURNMENT
Mayor Fonzi adjourned the meeting at 1055 p m
r..
CC Minutes 02/23/10
Page 11 of 12
Approved March 23, 2010
+w.
MINUTES PREPARED BY
Marcia McClure Torgerson, C M C
City Clerk/Assistani to the City Manager
The following exhibit is available for review in the City Clerk's office
Exhibit A — Council Member Beraud handout
CC Minutes 02/23/10
Page 12 of 12
006