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HomeMy WebLinkAboutMinutes 071106 Approved August 8, 2006 '9'g ' 1979 CITY OF A TASCADERO CITY COUNCIL MINUTES Tuesday, July 11, 2006, 7 00 P M REGULAR SESSION 7 00 P M Mayor O'Malley called the meeting to order at 7 00 p m and Council Member Clay led the Pledge of Allegiance ROLL CALL Present: Council Members Clay, Luna, Pacas and Mayor O'Malley Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson and Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Steve Kahn, Police Chief John Couch, Fire Chief Kurt Stone, Deputy Public Works Director Geoff English and City Attorney Patrick Enright. COMMUNITY FORUM Mayor O'Malley read two emails into the record regarding funds for upgrades of interchanges in the city (Exhibit A) Council Member Luna spoke about the email he had sent to the City Manager and the reasons for his inquiry He apologized for the delay and explained why he was late in getting it to the public. N.. CC Minutes 07/11/06 Page 1 of 11 Approved August 8, 2006 City Manager Wade McKinney verified that the only two contacts the City has had with Wal Mart are those previously noted 2. Recognition of outgoing Council Member, Wendy Scalise. Mayor O'Malley thanked Bob Brown, brother-in-law of Wendy Scalise, for her service to the community and presented him with a plaque for Council Member Scalise Mr Brown speaking for Council Member Scalise expressed her thanks for Council's understanding, help and guidance during her years on the City Council, and spoke about her commitment to the community Council Member Clay spoke about Council Member Scalise and her contributions to the Council and the community Council Member Luna wished Council Member Scalise the best and stated that she is missed at this crucial time in Atascadero's history Mayor Pro Tem Pacas spoke about how she misses Council Member Scalise and hopes that she has comfort and will get well Mayor O'Malley spoke about Wendy's contribution despite her pain and suffering and expressed his appreciation for her years of service and advocacy cow COMMUNITY FORUM (continued) Livia Kellerman spoke about a comment she received from an executive at Lowe's regarding Wal Mart. Ann Ketcherside stated that she intends to run for Council in the next election and asked if she can put a table out at Farmer's Market with flyers City Attorney Patrick Enright stated he was not aware of any policy against it. David Broadwater spoke about his search for the truth about Wal Mart and City Hall and their communications with the Rottman Group and any other retailers for the Annex project. Mr Broadwater spoke about the emails between Council Member Luna and City Manager Wade McKinney and asked how many people knew about the information contained in the emails Mayor O'Malley stated he did not know of these emails until this morning when they were faxed to him He pointed out that the emails were not copied to any other Council Member Council Member Clay stated he has had no contact with Wal Mart. CC Minutes 07111106 Page 2 of 11 Approved August 8, 2006 Mayor Pro Tem Pacas stated she was not aware of the emails until this afternoon when she heard of them on the radio Council Member Luna explained that his email had to do with all interchanges in Atascadero City Attorney Patrick Enright stated he does not concur with Mr Broadwater's opinion that the city has violated the Public Records Act. He explained that the city turned over all the records to Mr Broadwater, and there is no requirement to create records City Manager McKinney clarified that there is no million dollar deal that either Council Member Luna or he negotiated with Wal Mart or the Rottman Group Community Development Director Warren Frace reviewed the steps required for processing a project. Greg Carroll, Atascadero Main Street Board of Directors, clarified that Main Street supports retail development at the Annex site and contrary to an article in a local newspaper, Main Street is not an ally of Wal Mart. Eric Greening spoke about the public transit agreement, and the City Manager's response to Council Member Luna's email He suggested there should be a public hearing at which the source of Mr McKinney's words "Wal Mart is expecting" would be explained He also urged that the city's policy of purging emails after 90 days should be reexamined as soon as possible. City Attorney Enright and City Clerk Torgerson spoke about public records and explained the City's 90 day purge policy Mike Brenler spoke about the email that was leaked and was troubled that emails are purged after 90 days, he urged Council to reassess this policy Maggie White gave a personal example of why there must be other retail options in Atascadero for its citizens She stated her support for commercial development at the Annex, and for staff and Council who support the long term future of the city Steve Tillman stated he is in favor of commercial development but against a super Wal Mart at the Annex site He proposed the city invite the community to the strategic planning table and initiate a process to explore other options that do not include super stores Brandon Istenes spoke about the difference between Wal Mart's environmental policy and the goals of the US Mayors Climate Protection Agreement. He asked that a rezone at Del Rio be denied am CC Minutes 07/11/06 Page 3 of 11 Approved August 8, 2006 Kevin Ashley asked why there is no backup storage system for email and other documents. He questioned Mayor O'Malley's use of the word "direct" in speaking of his contact with Wal Mart, and the Planning Commission's 10% policy Mr Ashley asked vow Council to reintroduce the proposal to deny the zoning for a super store Daphne Fahsing asked for clarification on the amount of money expected upon build out of the Annex project and how many years it would take to build out the entire project. Steve LaSalle recognized the city for the good tree trimming job on Curbaril, and spoke about a problem that was solved by the neighborhood and the Police Department working together Richard Moen asked where the additional revenue would go if the community voted in November to increase the sales tax. City Manager Mc Kinney reported that the Council committed to have the majority of the money spent on roads, and that it is a general tax reviewed every three years and with a six year sunset. Wally Greenaway stated that free enterprise is important in our country, and that he is grateful government doesn't determine what businesses can and cannot come into a community Ron Rothman asked if the Rottman Group had applied for a rezone and if so is it still active since they have sold the property to Wal Mart. Livia Kellerman asked if the city would turn down a project after a large retailer such as Wal Mart has purchased the property, and whether the city has done so in the past. Mayor O'Malley closed the Community Forum period. APPROVAL OF AGENDA. Mayor O'Malley suggested pulling Item #13-5 and referring it to a special study session, no date certain MOTION By Council Member Luna and seconded by Council Member Clay to approve the agenda as amended Motion passed 4:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS None Ow CC Minutes 07/11/06 Page 4 of 11 Approved August 8, 2006 PRESENTATIONS 4"'" 1 Proclamation declaring July 2006 "Parks and Recreation Month " Mayor O'Malley read the proclamation and presented it to Rick Mathews, Chairperson of the Parks and Recreation Commission Mr Mathews thanked Council for making great strides in the community with the Sunken Gardens, Atascadero Creek Trail project and the Youth Center, and spoke about the essential nature of a good parks and recreation component to the community A. CONSENT CALENDAR. 1 City Council Strategic Planning Workshop Meeting Minutes — June 5, 2006 ■ City Clerk Recommendation. Council approve the City Council Strategic Planning Workshop meeting minutes of June 5, 2006 [City Clerk] 2. City Council Meeting Minutes — June 13, 2006 ■ City Clerk Recommendation. Council approve the City Council meeting minutes of June 13, 2006 [City Clerk] 3 May 2006 Accounts Payable and Payroll ■ Fiscal Impact: $2,005,456 08 ■ Recommendation Council approve certified City accounts payable, payroll and payroll vendor checks for May 2006 [Administrative Services] 4 May 2006 Investment Report ■ Fiscal Impact: None ■ Recommendation Council approve the Investment Report for May 2006 [City Treasurer] 5. Noise Ordinance Amendments / ZCH 2006-0116 (City of Atascadero) ■ Fiscal Impact: None ■ Recommendation Council adopt on second reading, by title only, Draft Ordinance approving Zone Change 2006-0116 Part A amending the noise ordinance pertaining to cost recovery [Police] 6 2006-2007 Annual Spending Limit ■ Fiscal Impact: None ■ Recommendation Council adopt the attached Draft Resolution establishing the annual spending limit for Fiscal Year 2006-2007 [Administrative Services] CC Minutes 07/11/06 Page 5 of 11 Approved August 8, 2006 7 Temporary Road Closure / San Fernando Road ■ Fiscal Impact: None ■ Recommendation Council approve the temporary road closure request from Mitch Frederick Paving to close a portion of San Fernando Road on one day during the week of July 17, 2006, between the hours of 8 30 a m — 4 00 p m [Public Works] 8. Temporary Road Closure / Sunken Gardens Special Events ■ Fiscal Impact: $160 00 per event for the installation of Road Closed signs by Public Works staff ■ Recommendation Council approve the road closures for the Sunken Gardens special downtown events, Movies in the Park, Master's Chorale and Winter Wonderland [Public Works] 9 Temporary Road Closure / Hot EI Camino Cruise Nite ■ Fiscal Impact: None ■ Recommendation Council approve the Draft Resolution authorizing the closure of EI Camino Real from Curbaril to Traffic Way on Friday, August 18, 2006, from 5 30 - 8 30 p m and the closure of East Mall, Palma and West Mall from 1.00 p m until 8 30 pm [Community Services] 10 Temporary Road Closure / Sunken Gardens Flea Market • Fiscal Impact: None Qu,„ ■ Recommendation Council approve a request by the Community Services Department to close a portion Palma Avenue on Saturday, September 16, 2006 for the Sunken Gardens Flea Market. [Community Services] MOTION By Council Member Luna and seconded by Council Member Clay to approve Items #A-1, 2, 3, 4, 5, 6, 7, 8, 9 and 10. Motion passed 4:0 by a roll-call vote. (Item #A-5 Ordinance No. 496, Item #A-6 Resolution No 2006-072, Item #A-9 Resolution No. 2006-073) B MANAGEMENT REPORTS 1 Informational Item 3-F Meadows (Oak Ridge Estates) Off Site Requirements ■ Fiscal Impact: There will be additional costs to the City if the Council accepts San Marcos Road for maintenance ■ Recommendation Informational item only, no staff recommendation at this time [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of Council CC Minutes 07/11/06 Page 6 of 11 Approved August 8, 2006 PUBLIC COMMENT sow Debra Paskin resident of San Marcos Road thanked Mr Kahn for initiating a meeting with all San Marcos Road residents to review this report, and stated it is in the City's best interest to require Castle Rock to build a structurally sound road Ralph Bettman resident of San Marcos Road asked for clarification that the road has already been accepted for maintenance through the PD-11, and asked what specifically the Council would be voting on City Manager McKinney stated the Council would be voting on the actual acceptance once all conditions are met. Emanuel Beckas resident of San Marcos Road expressed concern that the road would actually be repaired and asked for some clarification on who would be responsible for the repairs Mayor O'Malley closed the Public Comment period. 2. Human Service Grants ■ Fiscal Impact: The program is budgeted at $20,000 ■ Recommendation Council approve Human Services Grants to the Agencies and in the amounts recommended by the Finance Committee in Attachment A. [City Manager] City Manager Wade McKinney gave the staff report and answered questions of Council PUBLIC COMMENT Eric Greening urged Council support of the EI Camino Homeless Organization (ECHO) Mayor O'Malley closed the Public Comment period. MOTION By Mayor Pro Tem Pacas and seconded by Council Member Clay to approve Human Services Grants to the Agencies and in the amounts recommended by the Finance Committee in Attachment A. Motion passed 4:0 by a roll-call vote. am CC Minutes 07/11/06 Page 7 of 11 Approved August 8, 2006 3 Cardroom Ordinance / Consideration of Amendment to Increase the Maximum Number of Tables in a Cardroom Fiscal Impact: None ■ Recommendation Council direct staff to submit the proposed Ordinance to the Division for Gambling Control for review and comment. [City Attorney] City Attorney Patrick Enright gave the staff report and answered questions of Council PUBLIC COMMENT— None MOTION By Mayor Pro Tem Pacas and seconded by Council Member Clay to direct staff to submit the proposed Ordinance to the Division for Gambling Control for review and comment. Motion passed 4:0 by a roll-call vote. 4 Atascadero Recreation Center Complex Award (City Bid No. 2006-004) ■ Fiscal Impact: Total estimated expenditure of $7,750,000 from budgeted project funds. ■ Recommendations Council 1 Authorize the City Manager to execute a contract with the lowest responsible bidder in the amount to be determined at a bid opening on July 6, 2006 for construction of the new Atascadero Recreation Center Complex; and, 2 Appropriate additional funding to complete the desired project if costs exceed the funding available [City Manager] Assistant City Manager Jim Lewis gave the staff report and answered questions of Council Maurice Macare, consultant and architect for the project, explained how the call for bids was not published in the local paper, recommended rejecting the three bids and reopening the bid process, and reviewed the time line Mr Macare answered questions of Council Mr Lewis recommended rejecting all bids, postponing the project for 3 Y2 to 4 weeks, then scheduling a special City Council meeting on August 17th to award the bid PUBLIC COMMENT Eric Greening questioned the date for the future meeting on this item, the revised time table and asked about the escalation factor over time with this type of project in relation to cost. CC Minutes 07/11/06 Page 8 of 11 Approved August 8, 2006 Mayor O'Malley closed the Public Comment period. MOTION By Council Member Luna and seconded by Council Member Clay to reject all bids, not award the contract and direct staff to re-bid the project. Motion passed 4:0 by a roll-call vote. 5. Study Session / Condominium Conversions ■ Fiscal Impact: Fiscal impact will vary depending upon the options implemented and the methods of implementation ■ Recommendation Council review the attached report and accompanying documentation and direct staff in the policy direction for review and recommendation of condominium conversion projects [Community Development] This item was pulled to a special meeting, date uncertain 6. Designation of Voting Delegate — League of California Cities' Annual Conference ■ Fiscal Impact: None ■ Recommendation Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities' Annual Conference in September 2006, and direct the City Clerk to inform the League of the designation [City Clerk] City Clerk Marcia McClure Torgerson gave the staff report. PUBLIC COMMENT— None MOTION By Council Member Clay and seconded by Council Member Luna to designate Mayor O'Malley as the voting representative and Council Member Luna as the alternate to be present at the Annual Business Meeting of the League of California Cities' Annual Conference in September 2006, and direct the City Clerk to inform the League of the designation Motion passed 4:0 by a voice Vote. C COMMITTEE & LIAISON REPORTS Mayor O'Malley 1 County Mayor's Round Table City managers will be reviewing their reimbursement formulas to have consistency across cities 2 Air Pollution Control District (APCD) Holding strategic planning sessions WAM CC Minutes 07/11/06 Page 9 of 11 Approved August 8, 2006 3 Economic Vitality Corporation, Board of Directors (EVC) Putting emphasis on doing more economic analysis following up on the UCSB Economics Project. 4 City / Schools Committee Decided that Council Member Clay will take over and work with Council Member Pacas on this committee 5 Economic Opportunity Commission (EOC) Working on the homeless shelter in Atascadero 6 SLO Council of Governments (SLOCOG) / S L O Regional Transit Authority (SLORTA) 41/101 interchange is back on track, there is more work to be done on regional transit issues. Council Member Luna 1 Finance Committee Met today and discussed the investment policy and economic development update on the Colony Square and other projects in town, and a statewide finance update D INDIVIDUAL DETERMINATION AND/OR ACTION City Manager City Manager McKinney reported that the construction demolition recycling ordinance will be on the agenda of the next Council meeting on August 8th The City is working on a more detailed chronology on the Del Rio, EI Camino Real area Mr McKinney answered questions of Council City Council Council Member Luna asked Council for agreement to direct staff to bring back the issue of collecting emails for 90 days, which he thinks is too short given the storage capabilities available There was Council consensus to have staff report back on the records retention policy and what is the process for creating a record. City Attorney City Attorney Patrick Enright gave an update on the City of Atascadero vs Tom Dorsey He also reported that staff is looking at December 7th for the AB 1234 ethics training E. ADJOURNMENT Mayor O'Malley adjourned the meeting at 9 31 p m to the next regularly scheduled meeting of the City Council on August 8, 2006 CC Minutes 07/11/06 Page 10 of 11 Approved August 8, 2006 MINUTES PREPARED BY Gra ucci, Deputy City Clerk The following exhibit is available for review in the City Clerk's office. Exhibit A— Mayor O'Malley, emails regarding Del Rio Road / 101 interchange ger CC Minutes 07/11/06 Page 11 of 11