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Home My WebLink AboutMinutes 091410 Approved October 12, 2010 rsomRo art 1818 R 1978 �.... �' CITY OF A TASCADERO am s �1D i CITY COUNCIL ACTION MINUTES Tuesday, September 14, 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 Agencv Special Meeting 6 00 P M City Council Regular Session Immediately following the conclusion of the Community Redevelopment Agency meeting CC Action Minutes—091410 Page 1 of 9 Approved October 12, 2010 CITY COUNCIL CLOSED SESSION Immediately following conclusion of Community Redevelopment Agency Closed Session Mayor Fonzi called the Closed Session to order at 5 00 p m 1 CLOSED SESSION -- PUBLIC COMMENT 2 COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3 CLOSED SESSION --CALL TO ORDER a Conference with Legal Counsel —Anticipated Litigation (Govt. Code Sec 54956 9 (c)) Initiation of Litigation - One Potential Case 4. CLOSED SESSION --ADJOURNMENT 5 COUNCIL RETURNS TO CHAMBERS 6 CLOSED SESSION -- REPORT City Attorney Pierik announced that there was no reportable action taken REGULAR SESSION — CALL TO ORDER. Immediately following the conclusion of the Community Redevelopment Agency Meeting Mayor Fonzi called the meeting to order at 6 20 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. ow CC Action Minutes—091410 Page 2 of 9 Approved October 12, 2010 APPROVAL OF AGENDA. Roll Call Mayor Fonzi asked to amend the agenda by- 1 Have Mayor Pro Tem O'Malley make his announcement after the Community Forum, and, 2 Move Council Member Beraud's report on Tobacco Retail Licensing to after the Community Forum MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Kelley to approve the agenda, as amended Motion passed 5.0 by a roll-call vote. PRESENTATION 1 Update on Savor the Central Coast Event Steve Martin gave the City Council an update on the activities taking place during this 4- day event. A. CONSENT CALENDAR. 1 City Council Meeting Draft Action Minutes — August 10, 2010 ■ Recommendation. Council approve the City Council Meeting Draft action Minutes of August 10, 2010 [City Clerk] 2. Conflict of Interest Code - Biennial Review ■ Fiscal Impact: None ■ Recommendation. Council adopt the Draft Resolution, updating and amending the Conflict of Interest Code for the City of Atascadero [City Clerk] 3. July 2010 Accounts Payable and Payroll ■ Fiscal Impact: $3,015,611 09 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for July 2010 [Administrative Services] CC Action Minutes—091410 Page 3 of 9 Approved October 12, 2010 4. CSAC - EIA Delegation of Authority ■ Fiscal Impact: None ■ Recommendation. Council adopt the Draft Resolution delegating authority for CSAC-Excess Insurance Authority governance to the Director of Administrative Services to act on behalf of the City Council (except as to actions that must be approved by the City Council) [Administrative Services] 5 Title 8 Building Code Text Amendments - Title 9 Planning and Zoning Text Amendments - PLN 2010-1364 / ZCH 2010-0159 (City of Atascadero) ■ Fiscal Impact: None ■ Recommendation. Council introduce for second reading by title only the Draft Ordinance, to approve PLN 2010-1364 (Zone Text Change ZCH 2010-0159) [Community Development] 6 Temporary Road Closure — Colony Days Parade Route ■ Fiscal Impact: No net fiscal impact to the General Fund, as the road closure fee covers the staff time and equipment required for traffic control and clean-up related to this event (estimated at $2,600 00) ■ Recommendation. Council adopt the Draft Resolution establishing a temporary Colony Days Parade Route on Saturday, October 16, 2010, and establishing associated tow-away and "No Parking" zones and road closures from October 14 — 17, 2010, at the dates, times and locations as specified in the Draft Resolution [Community Services] 7 Contract for Animal Care and Control Services - FY 2010 - 2013 ■ Fiscal Impact: $239,23300 for the first year, with annual CPI adjustments thereafter ■ Recommendation. Council authorize the Mayor to execute a three-year contract with the County of San Luis Obispo for the continued provision of Animal Control Services from July 1, 2010 to June 30, 2013, in the amount of $239,233 00 for the first year, with annual CPI adjustments thereafter [Police] 8 Transit Bus Purchase ■ Fiscal Impact: The purchase price for the 30-passenger transit bus is $101,17091 ■ Recommendation. Council authorize Staff to proceed with the purchase of a 30-passenger transit bus through the CaIACT/MBTA Purchasing Cooperative from Creative Bus Sales for $101,170 91 [Public Works] CC Action Minutes—091410 Page 4 of 9 Approved October 12, 2010 9 Urban Greening Grant Application Approval ■ Fiscal Impact: The adoption of this Resolution will allow future authorizations and/or funding reimbursements to be received by the City on the Charles Paddock Zoo Parking Lot Project. ■ Recommendation. Council adopt the Draft Resolution approving the application for grant funds for the Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (PROPOSITION 84 ) [Public Works] MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Kelley to approve Items #A-1, 3, 4, 6, 7, 8, & 9 of the Consent Calendar Motion passed 5.0 by a roll-call vote. (#A-4 Resolution No. 2010-063, #A-6 Resolution No. 2010-064, #A-7 Contract No. 2010-018, #A-9 Resolution No. 2010-065) Citizen Mike Brennier pulled Item #A-2, and Mayor Fonzi pulled Item #A-5 Item #A-2 Mike Brennler asked for clarification on this item City Clerk Torgerson explained that the Political Reform Act requires that the City's Conflict of Interest Code be reviewed every two years and be amended if necessary The changes of staff's titles in the report reflect the current staffing levels MOTION By Council Member Clay and seconded by Council Member Beraud to approve #A-2 of the Consent Calendar Motion passed 5.0 by a roll-call vote. (Resolution No. 2010- 066) Item #A-5 Mayor Fonzi asked staff to review all the changes that will take place as a result of the adoption of this Ordinance Community Development Director Frace summarized the Ordinance MOTION By Council Member Clay and seconded by Council Member Kelley to approve Item #A-5 the Consent Calendar Motion passed 4.1 by a roll-call vote. (Beraud opposed) (Ordinance No. 552) UPDATES FROM THE CITY MANAGER. Assistant City Manager Jim Lewis gave an update on projects and issues within the City Also, Fire Chief Kurt Stone reviewed Atascadero's mutual aid during the Pozo fire i0w CC Action Minutes—091410 Page 5 of 9 Approved October 12, 2010 COMMUNITY FORUM The following citizens spoke during Community Forum Lee Perkins, Joanne Main, Lloyd Reeves, Maggie Vandergon, Chuck Ward, Len Colamarino, and Mike Brender Mayor Fonzi recessed the meeting at 7.40p.m Mayor Fonzi reconvened the meeting at 7.50p.m COUNCIL ANNOUNCEMENTS AND REPORTS Mayor Pro Tem O'Malley announced that due to the resignation of Commissioner Chacon, his new appointment to the Parks and Recreation Commission will be Mark Dariz. 1 Council Member Ellen Beraud a Tobacco Retail Licensing Ordinance. Council Member Beraud seeks Council consensus to place a Tobacco Retail Licensing Ordinance on a future Council agenda for Council consideration Mayor Fonzi asked Christine LeFevre, SLO County Health Department, to speak on the issue Ms LeFevre summarized the County's position on this issue PUBLIC COMMENT The following citizens spoke on this item Joanne Main, Lee Perkins, Mike Lautner, and Bruce Bevins Mayor Fonzi closed the Public Comment period. There was lengthy Council discussion on this issue MOTION By Council Member Beraud and seconded by Mayor Pro Tem O'Malley to direct staff to place the issue of tobacco retail licensing, and other options on the issue that are available, on a future agenda as an action item Motion passed 3 2 by a roll-call vote. (Clay and Kelley opposed) MOTION By Council Member Clay and seconded by Council Member O'Malley to direct staff to be aggressive, and prepare a letter to the businesses that have been cited flow CC Action Minutes-091410 Page 6 of 9 Approved October 12, 2010 City Attorney Pierik stated the Council cannot take action on something that is not on the agenda, but they can give direction to the City Manager to bring back to the Council an item for their consideration Council Member Clay withdrew his motion and asked for Council consensus to give the City Manager direction to prepare a letter that would state the Council's opinion of the situation and urge them to comply There was Council consensus to give staff direction to create a letter to the businesses that were cited, warning them that if they continue to violate the laws, the City will adopt a tobacco retail licensing ordinance. B. PUBLIC HEARINGS None C MANAGEMENT REPORTS 1 Final Draft of Baseline Greenhouse Gas Inventory -- Community- Wide and Government Operations 2005 ■ Fiscal Impact: No current fiscal impact; report completed by grant through APCD ■ Recommendation. Council review and accept baseline greenhouse gas inventory report. [Community Development] Community Development Director Warren Frace gave the staff report, introduced consultant Tammy Seale with PMC, and answered questions from the Council PUBLIC COMMENT The following citizens spoke on this item Bruce Bevins, Chuck Ward, and Mike Lautner Mayor Fonzi closed the Public Comment period. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Beraud to review and receive the baseline greenhouse gas inventory report. Motion passed 5.0 by a roll-call vote. Mayor Fonzi recessed the meeting at 9.50p.m. Mayor Fonzi reconvened the meeting at 9.56 p.m am CC Action Minutes-091410 Page 7 of 9 Approved October 12, 2010 2. Establishment of Speed Limits on Various City Streets ■ Fiscal Impact: The estimated cost of installing a new speed limit sign aw and post is $250-$350, and to replace an existing speed limit sign is $100 The fiscal impact of this action is approximately $8,000 for materials and labor to be paid out of currently budgeted Street Maintenance funds ■ Recommendation. Council 1 Approve the 2010 Speed Zone Survey Update, dated July 2010, by TPG Consulting Group, Inc , and, 2 Adopt the attached Draft Resolution which formally establishes and/or modifies speed limits on various City streets [Police] Public Works Director Russ Thompson gave the staff report, introduced consultant Wally Hutchinson of TPG Consulting, Inc , and answered questions from the Council Mr Thompson also submitted the 2010 Speed Zone Survey Update Report (July 2010) for the record (Exhibit A) PUBLIC COMMENT The following citizen spoke on this item Len Colamarino Mayor Fonzi closed the Public Comment period. MOTION By Council Member Clay and seconded by Council Member Kelley to 1 Approve the 2010 Speed Zone Survey Update, dated July 2010, by TPG Consulting Group, Inc , excluding the following street segments a. Atascadero Ave , from San Rafael Road to Santa Barbara Road b. San Gabriel Road, from Monita Road to Morro Road c. Traffic Way, from Rosario Ave. to Orillas Way d. Traffic Way, from Orillas Way to Carrizo Road, and, 2. Adopt the attached Draft Resolution which formally establishes and/or modifies speed limits on various City streets, excluding the following street segments a. Atascadero Ave , from San Rafael Road to Santa Barbara Road b. San Gabriel Road, from Monita Road to Morro Road c Traffic Way, from Rosario Ave to Orillas Way d Traffic Way, from Orillas Way to Carrizo Road, and, rrr.. CC Action Minutes—091410 Page 8 of 9 Approved October 12, 2010 3. Direct Staff to perform additional analysis on the following WW street segments, for potential reduction of speed limit: a. Atascadero Ave , from San Rafael Road to Santa Barbara Road b. San Gabriel Road, from Monita Road to Morro Road c. Traffic Way, from Rosario Ave to Orillas Way d. Traffic Way, from Orillas Way to Carrizo Road Motion passed 5.0 by a roll-call vote. (Resolution No 2010- 067) COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Clay stated that there is a rumor that he is not well and will not be serving out the balance of his term He said that he is fine, rides his bike frequently and will be serving the balance of his term D COMMITTEE REPORTS None E INDIVIDUAL DETERMINATION AND / OR ACTION City Clerk Torgerson announced the City will be hosting a Candidate Forum on Wednesday, September 22nd at 6 00 p m and this will be a continuation of the Building Public Trust Program that was initiated in 2008 City Council and City Treasurer candidates will be participating F ADJOURNMENT Mayor Fonzi adjourned the meeting at 10 55 P M MINUTES PREPARED BY 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—2010 Speed Zone Survey Update Report(July 2010) am CC Action Minutes—091410 Page 9 of 9