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HomeMy WebLinkAboutMinutes 032813 Approved April 9, 2013 S"' PELCAAA L MEETING ATASCADERO CITY COUNCIL Thursday, March 28, 2013 11036 a.m. City Fall Council Chambers 6907 El Gamine Real Atascadero, California Establishment of the Atascadero Tourism Business Irnp►ro ernent Dietrich .�� MINUTES Mayor O'Malley called the meeting to order at 11:30 a.m. ROLL CALL: Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem Sturtevant, and Mayor O'Malley Absent: None Others Present: City Clerk /Assistant to City Manager Marcia McClure Torgerson Staff Present: Administrative Services Director Rachelle Rickard Ataseadero City Council-Special Meeting Minutes of March 28,2013 Page I of 3 Approved April 9, 2013 BUSINESS ITEM: 1. Establishment of the Atascadero Tourism Business Improverrien District ® Fiscal Impact: None for this action. There will be ongoing costs of administration of the ATBID, which will be partially covered by a 1% administration fee charged against the assessments. * Recommendations- Council-. 1. Rescind the vote on the Consent Calendar Item #7 from the March 26, 2013, Council agenda, adopting Resolution No. 2013-003, and setting April 9, 2013 as the date of the public hearing on the establishment of the proposed ATBID and the levy of assessments; and, 2. Adopt the Draft Resolution declaring the intention to establish the Atascadero Tourism Business Improvement District-, and, 3. Set April 9, 2013 as the date of the public hearing on the establishment of the proposed ATBID and the levy of assessments. [City Manager] Assistant to the City Manager Marcia McClure Torgerson gave the staff report and answered questions from the Council. Ms. Torgerson explained that she was aware that Mayor O'Malley has a conflict of interest on the topic of the adoption of an Ordinance that will create a Tourism Business Improvement District in Atascadero. When conducting the follow up for the March 26, 2013 Council meeting, she realized that there was a possibility that Resolution No. 2013-003 that was adopted at that meeting under the Consent Calendar could also have been a conflict of interest for Mayor O'Malley. Ms. Torgerson consulted with the City Attorney, and they concluded that Mayor O'Malley may vote on a Resolution on Intention to hold a Public Hearing on a topic where he has a conflict of interest. However, in an abundance of caution, they decided that it was in the best interest of the City for the Council to rescind the Resolution and have Mayor O'Malley abstain from voting on a new Resolution of Intention, and the setting of the hearing. Mayor O'Malley announced that he has a conflict of interest concerning the adoption of an Ordinance that will create a Tourism Business Improvement District in Atascadero. He will not be able to vote on the Ordinance at the hearing of April 9th, or the second reading on April 23 d. Therefore, he will vote to rescind Resolution No. 2013-003 and will be abstaining from voting on the new Resolution on Intention and the subsequent Ordinance on April 9th. PUBLIC COMMENT: None Atascadero City Council-Special Meeting Alinutes of March 28,2013 Page 2 of 3 Approved April 9, 2013 MOTION: By Mayor Pro Tern Sturtevant and seconded by Council Member Fonzi to rescind the vote on the Consent Calendar Item #7 from the March 26, 2013 Council agenda, adopting Resolution No. 2013-003, and setting April 9, 2013 as the date of the public hearing on the establishment of the proposed ATBID and the levy of assessments. Motion passed 5:0 by a roll-call vote. Mayor O'Malley left the room. MOTION. By Council Member Fonzi and seconded by Council Member Moreno to: 1. Adopt the Draft Resolution declaring the intention to establish the Atascadero Tourism Business Improvement District; and, 2. Set April 9, 2013 as the date of the public hearing on the establishment of the proposed ATBID and the levy of assessments. Motion passed 4:0 by a roll-call vote. (O'Malley abstained) (Resolution No. 2013-004) Mayor O'Malley returned to the meeting. ADJOURNMENT: Mayor O'Malley adjourned the meeting at 11:35 a.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk 1 Assistant to the City Manager Atascadero City Council-Special Meeting Minutes of March 28,2013 Page 3 of 3