HomeMy WebLinkAboutMinutes 11-12-13 Approved December 10, 2013
C I T Y 0"F A TA goo""CA D ER 0
CITY COUNCIL
ACTION MINUTES
Tuesday, November 12, 2013
6:00 P.M.
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Enter on Lewis Ave.)
Salinas River grail Map
Preview for Public: 5:00 P.M.
City Council
I Regular Session: 6:00 P.M.
City Council
Closed Session-, Immediately following Conclusion
of the Regular Session
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
Mayor O'Malley called the meeting to order at 6.-02 p.m. and Police Chief Jerel Haley
led the Pledge of Allegiance.
Atascadero City Council
November 12,2013
Page 1 of 11
Approved December 10, 2013
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: City Manager Rachelle Rickard, Administrative Services Director
Jeri Rangel, Community Development Director Warren Frace,
Public Works Director Russ Thompson, Police Chief Jerel Haley,
Fire Chief Kurt Stone, and City Attorney Brian Plerik.
APPROVAL OF AGENDA:
Mayor O'Malley asked for consensus to move Item #C1 to be heard before the Public
Hearings. Also, the Closed Session item needs to be continued because the City
Attorney is absent.
MOTION: By Council Member Kelley and seconded by Mayor Pro Tern
Sturtevant to approve the agenda as amended.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS: None
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes — October 22, 2013
Recommendation: Council approve the City Council Draft Action Minutes
of October 22, 2013. [City Clerk]
2. August 2013 Accounts Payable and Payroll
® Fiscal Impact: $3,232,309.53
12 Recommendation-, Council approve certified City accounts payable,
payroll and payroll vendor checks for August 2013. [Administrative
Services]
3. September 2013 Accounts Pavable and Payroll
Fiscal Impact. $3,595,985.37
Atascadero City Council
November 12,2013
Page 2 of I I
Approved December 10, 2013
® Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for September 2013. [Administrative
Services]
4. Septernber 2013 Investment Report
Fiscal lmpact: None.
Recommendation- Council receive and file the City Treasurer's report for
quarter ending September 2013. [Administrative Services]
5. Retaining Special Counsel for Appeal of FEMA Determination
* Fiscal Impact: The Morrison firm expenditures incurred to date total
$84,700. The City has paid the Morrison firm to date $38,350. These
charges are paid from the Historic City Hall project fund. Additional
expenses to Morrison for the appeal work will also come from this fund.
* Recommendation-. Council approve past payments for legal services to the
law firm of Morrison Foerster, LLP, from June 21, 2013 to the present, and
direct the City Manager to continue to use the legal services of the law
firm of Morrison Foerster, LLP, as special counsel to represent the City of
Atascadero in the appeal of the FEMA reduction of about $2.7 million in
relocation funding, until their services are no longer needed. [City
Attorney]
6. Authorize Contract with Avtec, Inc. for Emergency Radio
Communications Svstem
® Fiscal Impact: The fiscal impact of this award is $174,553.18 ($164,699.08
Avtec contract plus $9,854.10 in California use taxes) in budgeted Law
Enforcement Facilities Fees Funds and Supplemental Law Enforcement
Services Funds.
* Recommendation: Council authorize the City Manager to execute an
agreement with Avtec, Inc. in the amount of $164,699.08 for a new
emergency radio communications system. [Police]
MOTION: By Council Member Fonzi and seconded by Council Member
Kelley to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote. (#A-6: Contract No.
2013-031)
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
Atascadero City Council
November 12,2013
Page 3 of 11
Approved December 10, 2013
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Tom Gaddis, Jerry Clay, Mike
Tallon, Kelly Long, Maria Roth, Don Idler, and Josh Donovan.
Mayor 0"Malley closed the COMMUNITY FORUM period.
C. MANAGEMENT REPORTS:
1. Second Review North County Salinas River Trail Master Plan Public
Review Draft Plan (SLOCOG)
• Fiscal Impact: There is no fiscal impact at this time.
• Recommendation: City Council review San Luis Obispo Council of
Government's (SLOCOG) Draft North County Salinas River Trail Master
Plan, and make recommended changes, or direct staff to draft a letter of
support, for the Plan to SLOCOG. [Community Development]
Mayor Pro Tern Sturtevant recused himself because this proposed trail project will run
adjacent to his property.
Community Development Assistant Planner Callie Taylor gave the staff report and
answered questions from the Council.
Geiska Valesquez of SLOCOG gave a brief summary of the project and answered
questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Jerry Clay, John Schanuck, Bob Barron, and
Bill Obermayer.
Mayor O'Malley closed the Public Comment period.
MOTION- By Council Member Fonzi and seconded by Council Member
Kelley to direct staff to write a letter of support for the North
County Salinas River Trail Master Plan, to include the
following:
1. An expedited link between Templeton and Atascadero; and,
2. Remove Curbaril from the plans as a trail; and,
3. Exclude trail lines on maps that cross private properties
that do not want to participate so that they could not be
created later on; and,
4. Include loops for educational purposes.
Atascadero City Council
November 12,2013
Page 4 of 11
Approved December 10, 2013
Motion passed 4:0 by a roll-call vote. (Sturtevant abstained)
There was Council consensus to be notified when
a Commission creates Ad Hoc committees.
PUBLIC HEARINGS:
1. 2014 Community Development Block Grants Draft Recommendations
* Fiscal Impact: The 2014 allocation is estimated to be $121,388.
* Recommendation: Council develop and adopt draft funding
recommendations for the 2014 Community Development Block Grant
(CDBG) funds. [Public Works]
Public Works Director Russ Thompson gave the staff report and answered questions
from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item- Bob Parentie, and Michael Sherer,
Mayor O'Malley closed the Public Comment period.
There was Council consensus on the following recommendations-.
...........
CDBG 2014
.... ...........
City of Atascadero- Handicapped Accessibility-
Barrier Removal Projects $ 80,000 $ 72,050
RISE SLO County
7,138 7,138
TOTAL PUBLIC FAC�%,.
T 7
7 188
74
oublic S� A 0. A I noca
.............
City of Atascadero-Youth Activity Scholarships
8,0001 4,550
Atascadero City Council
November 12,2013
Page 5 of 11
Approved December 10, 2013
Atascadero Loaves and Fishes—Operation of Food
Pantry 15,000 4,550
El Camino Homeless Organization—Operation of
Homeless Shelter 37,000 9,100
Senior Nutrition Program for SLO County—Meals for
Seniors
15.000 -
TOTAL PUBLIC SERVICES
ss
City Program Administration Costs 24,000 24,000
TOTAL ADMINISTRATION
Total Funds Requested / Recommendations 186,138
121,388
Estimated Total Funding Available $ 121,388
MOTION: By Council Member Kelley and seconded by Council Member
Fonzi to adopt the draft funding recommendations shown in
the table above.
Motion passed 5:0 by a roll-call vote.
2. Proposed Amendment to the Existing Smokinci Ordinance
® Fiscal Impact: None.
Recommendation: Council introduce for first reading, by title only, the
proposed Ordinance amending the existing smoking prohibition as defined
in Section 10-1.34 of Chapter 1 of Title 10 of the Atascadero Municipal
Code, by expanding the existing smoke-free area within the City to also
include any area within 100 feet of Sunken Gardens. [Police]
Police Commander Joe Allen gave the staff report and answered questions from the
Council.
Atascadero City Council
November 12,2013
Page 6of11
Approved December 10, 2013
PUBLIC COMMENT.
The following citizens spoke on this item: Sharon Turner, Jason Pambrun, Dan Ulrich,
William Holmes, Michael Sherer, John Sanders, and Jay DeCou.
Mayor O'Malley closed the Public Comment period.
MOTION: By Council Member Kelley and seconded by Council Member
Moreno to introduce for first reading, by title only, the
proposed Ordinance amending the existing smoking
prohibition as defined in Section 10-1.34 of Chapter I of Title
10 of the Atascadero Municipal Code, by expanding the
existing smoke-free area within the City to also include any
area within 100 feet of Sunken Gardens, and to have staff
return to the City Council in six months to review the success
of the Ordinance.
Motion passed 5:0 by a roll-call vote.
Mayor O'Malley recessed the meeting at 8:44 p.m.
Mayor O'Malley reconvened the meeting at 8:58 ,p.m.
3. Proposed Amendment to the Prohibited Camping Ordinance
• Fiscal Impact: None.
• Recommendation- Council introduce for first reading, by title only, the
proposed ordinance repealing Section 10-1.33 (Overnight camping) of
Chapter I of Title 10 of the Atascadero, Municipal Code ("AMC"), and
adding Chapter 15 (Prohibited Camping) to Title 5 of the AMC, to better
define the prohibited camping ordinance and allow for prosecution of
violators. [Police]
Police Commander Joe Allen gave the staff report and answered questions from the
Council.
PUBLIC COMMENT:
The following citizens spoke on this item: John Sanders, Dan Ulrich, Jay DeCou,
William Holmes, and Babette DeCou.
Mayor O'Malley closed the Public Comment period.
MOTION: By Council Member Kelley and seconded by Mayor O'Malley to
introduce for first reading, by title only, the proposed
ordinance repealing Section 10-1.33 (Overnight camping) of
Chapter I of Title 10 of the Atascadero Municipal Code
("AMC"), and adding Chapter 15 (Prohibited Camping) to Title
Atascadero City Council
November 12,2013
Page 7 of 11
Approved December 10, 2013
5 of the AMC, to better define the prohibited camping
ordinance and allow for proseClution of violators.
Motion passed 5:0 by a roll-call vote.
4. Title 2 Administration Text Amendments, Title 4_ Public Safety Text
Amendments, Title 7 Public Works Text Amendments, Title 8 Building
Code Text Amendments, Title 9 Planning and Zoning Text Amendments
PLN 2013-1462 / ZCH 2013-0168 (City of AtREEAderoj
* Fiscal Impact: Staff expects minimal fiscal impact from the adoption of the
new building codes and proposed code text amendments.
* Recommendations:
Planning Commission Recommends:
1. City Council introduce Draft Ordinance E for first reading, by title only,
to approve PLN 2013-1462 (Zone Text Change ZCH 2013-0168, Title
9 Planning and Zoning Ordinance Amendments).
With the additional Staff recommendation to modify section 9-1.115,
off-street parking for consistency with the 2013 California Building
Code adoption and the Americans with Disabilities Act (ADA),
Staff Recommends:
1. City Council introduce Draft Ordinance A for first reading, by title only,
to approve amendments to Title 4 Public Safety-,
2. City Council introduce Draft Ordinance B for first reading, by title only,
to approve amendments to Title 7 Public Works-,
3. City Council introduce Draft Ordinance C for first reading, by title only,
to approve amendments to Title 8 Building Code for consistency with
the 2013 California Building Code-,
4. City Council introduce Draft Ordinance D for first reading, by title only,
to approve amendments to Title 2 Building Code for consistency with
the 2013 California Building Code [Community Development/Public
Works/Firel
Community Development Director Warren Frace, Public Works Director Russ
Thompson, and Fire Marshall Tom Peterson gave the staff report and answered
questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: David Bentz.
Ataseadero City Council
November 12,2013
Page 8 of 11
Approved December 10, 2013
Mayor O'Malley closed the Public Comment period.
MOTION. By Council Member Fonzi and seconded by Council Member
Moreno to introduce Draft Ordinance E for first reading, by title
only, to approve PLN 2013-1462 (Zone Text Change ZCH 2013-
0168, Title 9 Planning and Zoning Ordinance Amendments)
with the following amendment:
1. Add 7 foot agriculture fencing limit to the large lot zone.
Motion passed 5:0 by a roll-call vote.
MOTION: By Mayor O'Malley and seconded by Council Member Kelley to
introduce Draft Ordinance A for first reading, by title only, to
approve amendments to Title 4 Public Safety.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Fonzi and seconded by Mayor Pro Tern
Sturtevant to continue Draft Ordinance B to give staff time to
make suggested amendments and return to the Council for
introduction.
Motion passed 5:0 by a roll-call vote.
MOTION. By Council Member Moreno and seconded by Council Member
Fonzi to introduce Draft Ordinance C for first reading, by title
only, to approve amendments to Title 8 Building Code for
consistency with the 2013 California Building Code.
Motion passed 5:0 by a roll-call vote.
MOTION: By Mayor Pro Tern Sturtevant and seconded by Council
Member Moreno to introduce Draft Ordinance D for first
reading, by title only, to approve amendments to Title 2
Building Code for consistency with the 2013 California
Building Code.
Motion passed 5:0 by a roll-call vote.
Mayor O'Malley asked for a motion to go past 11:00 p.m.
MOTION: By Mayor Pro Tem Sturtevant and seconded by Council
Member Moreno to continue the meeting past 11:00 p.m.
Motion passed 5:0 by a voice vote.
Mayor 0"Malley recessed the meeting at 10:56 p.m.
Mayor O'Malley reconvened the meeting at 11:00 p.m.
B. MANAGEMENT REPORTS:
Ataseadero City Council
November 12,2013
Page 9 of 11
Approved December 10, 2013
2. Solid Waste Collection and Recyclinq Contracts Renewal Process
Fiscal Impact: In discussion with the Staff at the County's Integrated
Waste Management Authority (IWMA) it is suspected that a new contract,
even with the potential additional services, could result in a no increase or
minimal increase in monthly garbage rates to City residents and
businesses.
® Recommendations: City Council authorize the City Manager to:
Extend the recycling agreement with North San Luis Obispo County
Recycling, Inc. for a minimum of seven months to January 1, 2015;
and,
1. Enter negotiations for the modification of the provisions, conditions and
term of agreements with existing solid waste and recycling vendors.
[Public Works]
Public Works Director Russ Thompson gave the staff report and answered questions
from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Sill Worrell, Wayne Hall, Liz Gomez, and
David Bentz.
Mayor O'Malley closed the Public Comment period.
MOTION- Ey Mayor O'Malley and seconded by Mayor Pro Tem
Sturtevant to extend the recycling agreement with North San
Luis Obispo County Recycling, Inc. for a minimum of seven
months to January 1, 2015.
Motion passed 5:0 by a roll-call vote.
There was also Council consensus to direct staff to set cep a process
to allow the public to provide input, including a public survey.
COUNCIL ANNOUNCEMENTS ARID REPORTS: None
D. COMMITTEE REPORTS: None
E. INDIVIDUAL DETERMINATION AND l OR ACTION: None
F. ADJOURNMENT
Mayor O'Malley adjourned the meeting at 12:20 a.m.
Atascadero City Council
November 12,2013
Page 10 of I I
Approved December 10, 2013
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C.
City Clerk /Assistant to the City Manager
CITY COUNCIL CLOSED SESSION:
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION - CALL TO ORDER
a. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Save Atascadero v. City of Atascadero, et al.
San Luis Obispo Superior Court Case No. 128230
This herr, was continued because the City Attorney was absent.
4. CLOSED SESSION - ADJOURMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION — REPORT
Atascadero City Council
November 12,2013
Page 11 of 11