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Home My WebLink AboutMinutes 041310 Approved May 11, 2010 rriM.r r r, r I iris'i CITY OF A TA SCA DERO CITY COUNCIL MINUTES Tuesday, April 13, 2010 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. Mayor Pro Tem Tom O'Malley called the meeting to order at 5 00 p m 1 PUBLIC COMMENT— CLOSED SESSION - None 2. CALL TO ORDER 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 i>ir.r 3 ADJOURN CC Meeting Minutes of April 13, 2010 Page 1 of 9 aw Approved May 11, 2010 CLOSED SESSION REPORT am City Attorney Brian Pierik announced that there was no reportable action taken CITY COUNCIL REGULAR SESSION 6 00 P M. Mayor Pro Tem O'Malley 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, Kelley, Beraud and Mayor Pro Tem O'Malley Absent- Mayor Fonzi 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, Community Services Director Brady Cherry, Police Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian Pierik. w.. APPROVAL OF AGENDA. Roll Call MOTION By Council Member Beraud and seconded by Council Member Kelley to approve the agenda. Motion passed 4.0 by a roll-call vote. PRESENTATION 1 Recognition of Greg Hind of the Hind Foundation for a $37,500 gift to the Zoo Ken Brokamp, Zoo Society Director, gave a summary of the Hind Foundation He thanked Greg and Jane Hind for their contribution CC Meeting Minutes of April 13, 2010 Page 2 of 9 w�i �dri Approved May 11, 2010 A. CONSENT CALENDAR 1 City Council Meeting Draft Minutes — March 9, 2010 ■ Recommendation. Council approve the Draft Meeting Minutes of March 9, 2010 [City Clerk] 2. City Council Special Joint Meeting Draft Minutes — March 11, 2010 ■ Recommendation. Council approve the Draft Special Joint Meeting Minutes of March 11, 2010 [City Clerk] 3. February 2010 Accounts Payable and Payroll ■ Fiscal Impact: $1,999,34511 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for February 2010 [Administrative Services] 4 Second Reading of Draft Ordinance to Prohibit Medical Marijuana Facilities ■ Fiscal Impact: None ■ Recommendation. Council adopt on second reading, by title only, the draft Ordinance amending Chapter 13 of Title 5, and repealing subsection (s) of section 9-3 233, conditional uses, of the Atascadero Municipal Code, to prohibit medical marijuana facilities [City Attorney] 5 Pr_l2osed Charles Paddock Memorial Statue ■ Fiscal Impact: The project will be funded through community donations Maintenance costs are to be determined by input from the artist. ■ Recommendation. The Parks and Recreation Commission recommends Council approve the proposed Memorial statue, in honor of the late Charles Paddock, to be located in the new entry plaza of the Zoo [Community Services] 6. Supplemental Law Enforcement Services Fund ■ Fiscal Impact: The City will receive the $100,000 grant of SLESF restricted funds and will utilize it for frontline police services ■ Recommendations. Council 1 Designate and approve spending plan for $100,000 of 2009/2010 Supplemental Law Enforcement Services Fund (SLESF) monies to be used for frontline police services, and, 2 Approve re-allocation of $27,380 in encumbered 2008/2009 SLESF funds to be utilized for the purchase of a Communications Center upgrade (Call Logger) [Police] CC Meeting Minutes of April 13, 2010 Page 3 of 9 log foo Approved May 11, 2010 7 Award for the Wastewater Electronic Control and Monitoring System Proiect Phase I - City Bid No. 2010-01 aw ■ Fiscal Impact: Approval of this agreement will result in the expenditure of $216,383 00 previously budgeted for this capital improvement project. ■ Recommendation. Council authorize the City Manager to execute an agreement with Electricraft Inc in the amount of $216,383 00, for the Treatment Plant Master Control Improvement Project. [Public Works] 8. Landscape and Lighting District Maintenance Services Award - Apple Valley and De Anza Estates ■ Fiscal Impact: The majority of these maintenance costs will be paid for by assessments on property owners in the districts, however, the City of Atascadero is responsible for 50% of the cost for maintaining the open space and trails in the De Anza Estates LLA and 50% of the cost for maintaining the park in the Apple Valley LLA. The City of Atascadero annual contributions will be $708 00 per year and $6,810 00 of budgeted funds per year respectively ■ Recommendation. Council authorize the City Manager to execute an agreement with Madrone Landscapes, Inc , for landscape maintenance services in the Apple Valley and De Anza Estates Landscape and Lighting Assessment Districts [Public Works] 9 Sanitary Sewer Cleaning and Video Services Award - City Bid No. 2009-013 ■ Fiscal Impact: Approval of this agreement will result in the expenditure of $180,000 of previously allocated project funds and an additional $19,980 00 from the Wastewater Reserve Fund ■ Recommendations. Council 1 Authorize the City Manager to execute an agreement with Mark Simon Sewer Maintenance in the amount of $199,98000 for the Sanitary Sewer Cleaning and Video Services Project; and, 2 Authorize the Administrative Service Director to appropriate an additional $19,980 00 from Wastewater Reserve Fund to the Sanitary Sewer Cleaning and Video Services project account. [Public Works] Council Member Kelley asked the City Attorney to confirm that he does not have a financial conflict on Item #A-5 Mr Pierik stated that Council Member Kelley may vote on Item #A-5 Eric Greening asked to have Item #A-4 pulled for discussion CC Meeting Minutes of April 13, 2010 Page 4 of 9 Or Approved May 11, 2010 MOTION By Council Member Kelley and seconded by Council Member Clay to approve Items #1, 2, 3, 5, 6, 7, 8, and 9 of the Consent low Calendar Motion passed 4.0 by a roll-call vote. (#A-7 Contract No. 2010- 005, #A-8. Contract No. 2010-006, #A-9 Contract No. 2010-007) Item #4. Mr Greening asked what the definition is for a primary care giver PUBLIC COMMENT Warren J Sarvis III, SLO County ASA, informed the Council on details of Senate Bill 420 He expressed his opposition to this ordinance Rich Donald, Chairman of ASA, thanked the Council for the added language to the ordinance He expressed his concern that some patients are not in need of a care giver, but still need someone to deliver to them Mayor Pro Tem O'Malley closed the Public Comment period. City Attorney Brian Pierik responded that the definition of a primary care giver is the individual designated by the person, exempted under California Health and Safety Code Section 113625 of the Health and Safety Code, who has consistently assumed responsibility for the housing, health, or safety of that person Council Member Beraud asked the Police Chief what type of paperwork does a primary care giver need to have in their possession while delivering marijuana to a patient Chief Mulhall responded by stating the person in question needs to be able to prove their status as a primary care giver The police officer should be able to make an informed decision if the person in question is a primary care giver MOTION By Council Member Kelley and seconded by Council Member Clay to adopt on second reading, by title only, the draft Ordinance amending Chapter 13 of Title 5, and repealing subsection (s) of section 9-3.233, conditional uses, of the Atascadero Municipal Code, to prohibit medical marijuana facilities. Motion passed 4.0 by a roll-call vote. (Ordinance #549) UPDATES FROM THE CITY MANAGER City Manager Wade McKinney gave the following updates • Wal-Mart and Annex project has been submitted and Staff is reviewing the applications The City Council and Planning Commission will have a joint meeting to conduct a scoping session on May 25th at 6.00 p m in place of the regular City Council meeting CC Meeting Minutes of April 13, 2010 Page 5 of 9 vow Approved May 11, 2010 • Colony Square continues to move ahead He explained that 15 people including 3 Council Members, 2 Planning Commissioners, Chamber representatives, Main Street members, and the media were invited to Galaxy Theatres in Tulare for a ,,tm tour The City rented a van and drove everyone to Tulare for a tour of the Galaxy Theatre in Tulare, including a demonstration of the types of services they will be offering here in Atascadero The presentation was top notch and very impressive • Council Member Kelley agreed with the City Manager that he thoroughly enjoyed the theater tour and was very impressed by their operation He said it was an eye-opener and that he was glad that he went. • Council Member Kelley asked the City Manager to explain about the format of the upcoming scoping meeting on May 25th Mr McKinney explained that it will be divided into two separate sections, 1) Information about the project itself, and getting all parties to agree on the project description, and 2) EIR — An Initial Study is required which reviews a variety of environmental and economic considerations about the effects of the project. In this Scoping Session, the Council and Planning Commission will be deciding what level of information will be required to be included in the EIR • Mayor Pro Tem O'Malley commented that he also enjoyed the trip to Tulare to tour the Galaxy Theatre Not only did he enjoy the tour, he also appreciated the presentations made by business leaders in Tulare that spoke highly of the Theatre project. COMMUNITY FORUM Len Colamarino stated that he is disappointed about the FEMA denial of the City's appeal to them He asked for an update on this issue Beverly Aho announced that the Colony Home Tour has 3 new homes this year The Tour is on April 24th Joanne Main, Atascadero Chamber, announced that the Chamber Mixer this Thursday is at the Portola Inn, owned by Tom & Peggy O'Malley She also invited everyone to the upcoming Zoo Accreditation Celebration and the Chamber Empower Hour Jules Karkaneg stated he is curious what the City is doing concerning SB695 Ratepayers Choice Act. William J Sarvis III stated that the City of Atascadero has a methadone clinic He asked why a methadone clinic is okay but not a medical marijuana facility Janet Stanley stated she doesn't understand why people would use marijuana for pain Mayor Pro Tem O'Malley closed the COMMUNITY FORUM period. CC Meeting Minutes of April 13, 2010 Page 6 of 9 „Mi Approved May 11, 2010 Mr McKinney responded to the questions asked during Community Forum rw.r • FEMA did deny the City's appeal He stressed that the $43 million project assumed that the appeal would be denied This denial does not change the project. We are still working with FEMA to resolve our differences • SB965 — Staff is exploring this issue, however, none of the cities in San Luis Obispo County are participating in this program at this time B PUBLIC HEARINGS None. C. MANAGEMENT REPORTS 1 Request to Place '/a Scale Replica of S-44 Submarine Lakeside at Atascadero Lake Park (Reeves) ■ Fiscal Impact: There is no fiscal impact to the City related to the trial submarine installation, as all expenses related to this proposal would be the responsibility of Lloyd Reeves The City would benefit from an undetermined increase in shared rental proceeds from the submarine ■ Recommendation. The Parks and Recreation Commission recommends that Council approve a request by Lloyd Reeves, the Atascadero Lake Boat Rental Concessionaire, to place a 1/a scale replica of a 1928 S-44 US Submarine, on a trial basis, for tours at Atascadero Lake [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions from the Council Lloyd Reeves asked for a 90-day trial period to give him time to work with the schools for student learning He answered questions from the Council PUBLIC COMMENT Dan Chacon stated that this is a very interesting idea. He is concerned about the safety of the submarine Mayor Pro Tem O'Malley closed the Public Comment period. Lloyd Reeves and Staff responded to additional questions MOTION By Council Member Kelley and seconded by Council Member Clay to approve a request by Lloyd Reeves, the Atascadero Lake Boat Rental Concessionaire, to place a '/a scale replica of a 1928 S-44 US Submarine, on a trial basis of 120 days, for tours at Atascadero Lake There was more Council discussion CC Meeting Minutes of April 13, 2010 Page 7 of 9 rr Approved May 11, 2010 MOTION By Council Member Kelley and seconded by Council Member Beraud to approve a request by Lloyd Reeves, the Atascadero Lake Boat Rental Concessionaire, to place a 1/a scale replica of a 1928 S-44 US Submarine, on a trial basis of 90 days, for tours at Atascadero Lake. Motion passed 4.0 by a roll-call vote. 2. Proposed Quitclaim Deed to Be Executed by the City Regarding the Current Library Property located at 6850 Morro Road, Atascadero ■ Fiscal Impact: None ■ Recommendation. Council authorize the City Manager to execute the Quitclaim Deed proposed by the County of San Luis Obispo regarding the current Library Property [City Attorney] City Attorney Brian Pierik gave the staff report and answered questions from the Council Council Member O'Malley stated that he and all Council Members received an email from Grenda Ernst stating her support for Staff's recommendation. PUBLIC COMMENT Jim Patterson, 5t" District Supervisor, recommended the Council approve the Staff's recommendation Eileen O'Grady, VP of Friends of the Library, expressed her support for Staff's recommendation Len Colamarino stated his support for the Friends of the Library and the County for their efforts He encouraged the Council to approve Staff's recommendation Mayor Pro Tem O'Malley closed the Public Comment period. MOTION By Council Member Clay and seconded by Council Member Kelley to authorize the City Manager to execute the Quitclaim Deed proposed by the County of San Luis Obispo regarding the current Library Property Motion passed 4.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Kelley commended Staff on the Restaurant Stimulus Program low D COMMITTEE REPORTS CC Meeting Minutes of April 13, 2010 Page 8 of 9 seri .n�i Approved May 11, 2010 Council Member Kelley Attended the World Cafe Meeting at the High School It was a discussion with students of their concerns within the community am E. INDIVIDUAL DETERMINATION AND/OR ACTION City Attorney a. Update on Downtown Zoning Mr Pierik reported that the City may restrict tattoo parlors and other businesses to specific zones Also, the City may impose a moratorium on any new tattoo parlors while the City is studying the issue The City may adopt an Ordinance to ban tattoo parlors within in City PUBLIC COMMENT None City Manager a. Commission Attendance Reports F ADJOURNMENT Mayor Pro Tem O'Malley adjourned the meeting at 7 38 p m MINUTES PREPARED BY -----� C 1 Marcia McClure Torgerson, C M C City Clerk/ Assistant to the City Manager r.r CC Meeting Minutes of April 13, 2010 Page 9 of 9 ago ONO