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HomeMy WebLinkAboutMinutes 042710 Approved June 8, 2010 rangy; .; r r n_ II x'91$— r,s r 'e CITY OF A TA SCA DERO CITY COUNCIL MINUTES Tuesday, April 27, 2010 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REGULAR SESSION: 6:00 P.M. Mayor Fonzi called the meeting to order at 6:00 p.m. and 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 CC Meeting Minutes of 04/27/10 Page 1 of 11 Approved June 8, 2010 MOTION: By Council Member Clay and seconded by Council Member Kelley to approve the agenda. Motion passed 5.0 by a roll-call vote. PRESENTATION: 1. Employee Service Recognition Awards City Manager Wade McKinney presented the following employees their Service Awards: 5 years Marianne Clark Police Department Administrative Assistant Ryan Enfantino Police Department Support Services Technician / Dispatcher Tara Orlick Public Works Clerical Assistant, City Hall Front Counter, and Fire Department Clerical Assistant 20 years Geoff English Public Works Deputy Director A. CONSENT CALENDAR: 1. City Council Meeting Draft Minutes— March 23, 2010 ■ Recommendation: Council approve the Draft Meeting Minutes of March 23, 2010. [City Clerk] 2. City Council Special Meeting Draft Minutes — April 1, 2010 ■ Recommendation: Council approve the Draft Special Meeting Minutes of April 1, 2010. [City Clerk] 3. Santa Rosa Road Rehabilitation Project Award - City Bid No. 2009-009 ■ Fiscal Impact: $556,648.85 ■ Recommendations: Council [Public Works] 1. Authorize the City Manager to execute a contract with Ferravanti Grading and Paving in the amount of $556,648.85 for construction of the Santa Rosa Road Rehabilitation Project; and, 2. Authorize the Public Works Director to intermittently close portions of Santa Rosa Road during the construction period; and, 3. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. [Public Works] CC Meeting Minutes of 04/27/10 Page 2 of 11 Approved June 8, 2010 4. Weed/Refuse Abatement Program ■ Fiscal Impact: The costs and revenues associated with the Weed Abatement Program vary from year to year and are dependent on property owner non-compliance. The fees are placed on the San Luis Obispo County Special Tax Assessment for the fiscal year 2010-2011 Tax Roll. ■ Recommendation: Council adopt the Draft Resolution, declaring vegetative growth and/or refuse a public nuisance, commencing proceedings for the abatement of said nuisances, and placing all abatement fees on the San Luis Obispo County Special Tax Assessment for the fiscal year 2010-2011 Tax Roll. [Fire] 5. Apple Valley Assessment Districts ■ Fiscal Impact: Annual assessments for 2010/2011 will total $38,430 for road/drainage system maintenance and $22,120 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley. ■ Recommendations: Council 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) for fiscal year 2010/2011; and, 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) ; and, 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) in fiscal year 2010/2011, and to appoint a time and place for the public hearing on these matters; and, 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2010/2011 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; and, 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2010/2011; and, 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2010/2011. [Administrative Services] CC Meeting Minutes of 04/27/10 Page 3 of 11 Approved June 8, 2010 6. De Anza Estates Assessment Districts ■ Fiscal Impact: Annual assessments for 2010/2011 will total $50,224 for road/drainage system maintenance and $17,458 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in De Anza Estates. The City General Fund will contribute $710 for the fiscal year 2010/2011 for half of the maintenance costs of the trails. ■ Recommendation: Council 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) for fiscal year 2010/2011; and, 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) ; and, 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) in fiscal year 2010/2011, and to appoint a time and place for the public hearing on these matters; and, 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2010/2011 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; and, 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2010/2011; and, 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2010/2011. [Administrative Services] 7. Las Lomas (Woodridge) Assessment Districts ■ Fiscal impact: Annual assessments for 2010/2011 will total $23,639 for road/drainage system maintenance and $49,826 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Woodridge. ■ Recommendation: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) for fiscal year 2010/2011; and, CC Meeting Minutes of 04/27/10 Page 4 of 11 Approved June 8, 2010 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge); and, 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) in fiscal year 2010/2011, and to appoint a time and place for the public hearing on these matters; and, 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2010/2011 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; and, 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2010/2011; and, 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2010/2011. [Administrative Services] MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Clay to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (#A-3: Contract No. 2010- 008, #A-4: Resolution No. 2010-018, #A-5: Resolutions No. 2010- 019, 020, 021, 022, 023 & 024, #A-6: Resolutions No. 2010-025, 026, 027, 028, 029 & 030, #A-7: Resolutions No. 2010-031, 032, 033, 034, 035& 036) UPDATES FROM THE CITY MANAGER: City Manager Wade McKinney updated the Council on the following issues: • Round Table Pizza project is moving forward for Colony Square. • Cow Girl Cafe is working with the City on an alternate location for them. • Wal-Mart open house will be May 5th in City Hall. • La Plaza project continues to move forward. The Planning Commission is recommending approval of the CUP and the road abandonment. CC Meeting Minutes of 04/27/10 Page 5 of 11 Approved June 8, 2010 COMMUNITY FORUM: Chuck Ward announced that the County has declared the Faces of Freedom Veterans Memorial in Atascadero as the first official veterans memorial for San Luis Obispo County. Tim Haley thanked the Council and the community for the support received for the Purple Heart Trail project. Mitch Paskin listed some inaccuracies in the documentation for Oak Ridge Estates. Len Colamarino asked for clarification on FEMA's response to the City's appeal, and where does the City go from here. Christine LeFevre, SLO County Tobacco Control Program, requested the Council's assistance by adopting and implementing a licensing program for cigarette sales in Atascadero. She distributed a handout to the Council. (Exhibit A) Steve Martin announced upcoming events in the City. Warren J. Sarvis III, representing Americans for Safe Access, asked the Council to do more research on medical marijuana. Joanne Main announced upcoming Chamber events. Mayor Fonzi closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: None. C. MANAGEMENT REPORTS: 1. Historic City Hall Rehabilitation Project (Consideration of City Council Chambers Location and Award of Construction Management Contract) ■ Fiscal Impact: The fiscal impact of locating the Council Chambers on the fourth floor of the Historic City Hall is expected to.be $1.3 - $1.4 million of currently budgeted funds. The fiscal impact for Phase 1 of the construction contract with Bernards will be $765,443 of budgeted funds. ■ Recommendations: Council: 1. Direct staff to locate City Council Chambers to the upper rotunda area once the Historic City Hall rehabilitation is complete; and, 2. Authorize the City Manager to execute a contract with Bernards for Construction Management/Project Management of Historic City Hall; CC Meeting Minutes of 04/27/10 Page 6 of 11 Approved June 8, 2010 and approve the amount not to exceed $765,443 for Phase I of construction management activities. [Administrative Services] City Manager Wade McKinney summarized the actions taken by FEMA thus far. Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council. Stephanie Kingsnorth from Pfeiffer Partners gave a detailed explanation of the options available to the Council on choosing a location for the Council Chambers. She also answered questions from the Council Mayor Fonzi recessed the meeting at 8:07 p.m. Mayor Fonzi reconvened the meeting at 8:16 p.m. PUBLIC COMMENT: David Bentz stated the decision to restore the City Hall is more expensive than to stay in the current building and continue to rent from the Redevelopment Agency. Len Colamarino stated that he agrees with the City Manager that the restoration of the City Hall is vitally important to the City. Joanne Main stated Option 1 is her preference, but urged the Council to also consider Option 3. Karyn Sturtevant stated her preference is Option 1. Bruce Bevins expressed his support for the restoration of City Hall. Mayor Fonzi closed the Public Comment period. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Beraud to direct staff to locate City Council Chambers to the upper rotunda area once the Historic City Hall rehabilitation is complete. Motion passed 5:0 by a roll-call vote. Ms. Rickard introduced the Bernards representatives. They explained their qualifications and services. PUBLIC COMMENT: Jim Wilkins, Atascadero Historical Society President, stated that Bernards is the only firm that came over to the Colony House and expressed an interest in the Historical Society. He said that he considered that a compliment. CC Meeting Minutes of 04/27/10 Page 7 of 11 Approved June 8, 2010 Mayor Fonzi closed the Public Comment period. MOTION: By Council Member Beraud and seconded by Council Member Kelley to authorize the City Manager to execute a contract with Bernards for Construction Management/Project Management of Historic City Hall; and approve the amount not to exceed $765,443 for Phase I of construction management activities. Motion passed 5:0 by a roll-call vote. (Contract No. 2010-009) 2. Request for Participation in Grant Application: "Small Cities of San Luis Obispo County Climate Action Plan" - Sustainable Planning Grant and Incentives Program ■ Fiscal Impact: o Short Term: No monetary match is required to qualify for these grants. The Small Cities Climate Action Plan grant application would be prepared by a consultant funded through the SLO County Air Pollution Control District, with collaboration between other municipal agencies. If the grant is funded, City staff time would be needed for public outreach and coordination during the Climate Action Planning process. o Long Term: A Climate Action Plan will commit the City and its citizens to make a number of significant changes from our current way of life. The fiscal cost of these changes is not known, but is likely significant. ■ Recommendation: Council adopt Draft Resolution A, to authorize participation in the Sustainable Planning and Incentives Program Grant application for grant funding of the "Small Cities of San Luis Obispo County Climate Action Plan." [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council. PUBLIC COMMENT: Chuck Ward asked the Council to vote no on this proposal. Joanne Main stated she doesn't like the Bill but we need to deal with it. Bruce Bevins said this is an opportunity to develop a plan to deal with something that will be before us in the future. Armando Heredia expressed his concerns with this proposal. Mayor Fonzi closed the Public Comment period. CC Meeting Minutes of 04/27/10 Page 8 of 11 Approved June 8, 2010 There was Council discussion regarding their concerns with the proposal and specifically the Resolution. There was Council consensus to table this item to after Item #C-3 to allow the City Attorney time to add language to the proposed Resolution. 3. Revisions to the City's Facility Policies, Procedures and Fees Manual and Amendments and Additions to Fees for City Services ■ Fiscal Impact: o Approval of the recommended changes to the City's Facility Policies, Procedures and Fees will result in minor increases in revenue from rental functions. o Approval of the recommended addition of new fees and amendments to specified fees for City Services will result in some additional revenues, and some minor revenue reductions in field usage rental fees. ■ Recommendations: Council: 1. Adopt Draft Resolution A amending the City of Atascadero Facility Policies, Procedures and Fees Manual; and, 2. Adopt Draft Resolution B adding new fees and amending specified fees for City Services. [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions from the Council. PUBLIC COMMENT: Joanne Main stated that it is always a pleasure to work with Audrey at the Pavilion. She was disappointed that the Chamber would not be able to serve hard alcohol but is willing to support this proposal to allow the contract caterer to have an alcohol license. Armando Heredia agreed on the waiver of the fees for veterans' organizations for use of the Veterans' Memorial. Mayor Fonzi closed the Public Comment period. The Council discussed this issue and there was Council consensus to give staff direction to return to the Council with additional information and options on the use of the Veterans Memorial, alcohol at the Pavilion, and Zoo entrance fees. Item #C-2 The Council returned to Item #C-2 that was tabled earlier in this meeting. The Council reviewed the City Attorney's amended language for the Resolution. (Exhibit B) CC Meeting Minutes of 04/27/10 Page 9 of 11 Approved June 8, 2010 Council Member O'Malley suggested eliminating the language under Action #1: "in order to become a sustainable community." MOTION: By Council Member Beraud to adopt Draft Resolution A, with the amendments as proposed by the City Attorney, to authorize participation in the Sustainable Planning and Incentives Program Grant application for grant funding of the "Small Cities of San Luis Obispo County Climate Action Plan." The motion died due to the lack of a second. MOTION: By Council Member Kelley and seconded by Council = Member Clay to table this item. Motion passed 4:1 by a roll-call vote. (Beraud opposed) Council Member Beraud asked if this means that we are killing this and passing up on the money. Mayor Fonzi answered, yes. Mayor Fonzi announced for the record that Council Member Beraud has left the meeting. COUNCIL ANNOUNCEMENTS AND REPORTS: None D. COMMITTEE REPORTS: None E. INDIVIDUAL DETERMINATION AND/OR ACTION: None F. ADJOURNMENT: Mayor Fonzi adjourned the meeting at 10:41 p.m. CC Meeting Minutes of 04/27/10 Page 10 of 11 Approved June 8, 2010 A MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. "City Clerk/Assistant to the City Manager The following exhibits are available for review in the City Clerk's office: Exhibit A—Community Social & Economic Impacts of Tobacco Use, distributed by Christine LeFevre Exhibit B—Amended language by the City Attorney for the Resolution recommended in Item #C-2. CC Meeting Minutes of 04/27/10 Page 11 of 11 STORE Community I Social & Economic x ETAIL UJI11niFFORT Im acts of Tobacco-Use C ' EDUCATION �C Smokers have lower grade point averages (GPA) than nonsmokers. The Harvard College Alcohol Study 4 found that smokers are 27.0% less likely than nonsmokers to have an above B grade average (Rigotti, 00 2000). V Daily smokers were found to have even lower GPAs than high-risk drinkers(Halperin and Eytan). ■ A 2000 study in Nicotine and Tobacco,Research reported that more than 40%of male smokers were suspended or dropped out of school. ■ The 1998 National survey of American Attitudes on Substance Abuse IV found that 32%of smokers report doing no homework after school compared to 8%of non-smokers.' ■ Smokers are half as likely to have-a college degree and 40 percent less likely to be in a white-collar job, according to 2004 University of Michigan study. OTHER DRUG ABUSE ■ Smokers are over 30%more likely to consume alcohol and ten times more likely to develop alcoholism than nonsmokers.(NIAAA,1998) ■ High school kids who use spit tobacco 20 to 3o days per month are nearly four times more likely to currently use marijuana than,nonusers,almost three times more likely to ever use cocaine,and nearly three times more likely to ever use inhalants.(Everett,1998) ■ Adolescents who smoke are seven times more likely to abuse or become addicted to illicit drugs than are nonsmoking teens(Brown,1996). i ■ The Harvard College Alcohol Study determined that student tobacco users are 4.62 times more likely to smoke marijuana and 3.6 times more likely to engage in high-risk drinking than are nonsmokers(Rigotti, 2000). ■ Smokers aremorelikely to use illicit drugs than high-risk drinkers(Halperin and Eytan). MENTAL HEALTH ■ The relationship between depression and smoking among adolescents is bidirectional. Depressed teens are more likely to smoke,and those who smoke are more likely to become depressed(Brown,1996). ■ A National Institute on Drug Abuse(NIDA)25-year study concluded that smoking is connected with several mental health disorders in adolescents and young adults. Heavy smokers(>20 cigarettes/day)were 6.8 times more likely to develop agoraphobia, had 5.5 times the risk of generalized anxiety disorder,and had 15.6 times the risk of developing panic disorder than non-smokers and light smokers.These drastic risk increases are thought to be tied to the damage that nicotine can do to the blood vessels that lead to the brain(NIDA,2001). Tobacco Control Program Public Health Department • County of San Luis Obispo (805) 781-5564 m ITEM NUMBER: If DATE: V t! 0 v r <W ! 'm rs WHEREAS, the Strategic Growth Council has been delegated the responsibility for the o administration of this grant program, establishing necessary procedures; and tz WHEREAS, said procedures established 'by the Strategic Growth Council require a Ze resolution certifying the approval of aPplications by the Applicants governing board before -�o"v submission of said applications to the State; and WHEREAS, the applicant, if,selected, will enter into an agreement with the State of California to carry out the development of the proposal. NOW THEREFORE, the City Council of the City of Atascadero takes the following actions: ern 1. Approves the filing of an application for the Small Cities of San Luis Obispo County Climate Action Plan Plan in order to become a sustainable community; and 2. Certifies that-the City of Atascadero understands the assurances and certification in the application; and 3. Certifies that the City of Atascadero will have sufficient funds resources to develop the lfepesal-Planer-will seeur-e the o s to a • and 4. Certifies that the Pepe -Plan will comply with any applicable laws and regulations; and 5. Appoints the Community Development Director, to participate in the Application for the Sustainable Communities-Planning Grant and Incentives Program and the development of the Plan:and, -designee, , appli , ' , 6:_ This Resolution does not obligate the City of Atascadero to approve the Plan.