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HomeMy WebLinkAboutMinutes 081004 - SpecialCC Minutes 08/10/04 Page 1 of 3 CITY OF ATASCADERO CITY COUNCIL SPECIAL MEETING MINUTES Tuesday, August 10, 2004 5:15 p.m. Atascadero City Hall Annex 6905 El Camino Real, Suite 6, Atascadero Council Member Pacas announced at 5:10 p.m. that she would be abstaining from participating and voting on the Creekside Associates settlement in the Closed Session. She submitted for the record a written statement (Exhibit A). Ms. Pacas also stated that she wasn’t feeling well, and would not be attending the public portion of the meeting. REGULAR SESSION: Mayor Luna called the meeting to order at 5:15 p.m. and Mayor Pro Tem Scalise led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, O’Malley, Scalise and Mayor Luna Absent: Council Member Pacas Others Present: City Clerk / Assistant to the City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Administrative Services Director Rachelle Rickard, and Interim City Attorney Tom Gibson. COMMUNITY FORUM: CC Minutes 08/10/04 Page 2 of 3 Susan Beatie, in a prepared s tatement, expressed concern with the pathway designed in the Sunken Gardens adjacent to the sculpture. She stated that she feels the sculpture should be moved for its protection and returned to the Sunken Gardens once the construction is completed. She also submitted a statement from the restoration consultant, that has evaluated the sculpture, expressing similar concerns. (Exhibits B & C) There was Council consensus to direct staff to bring back a report to the Council on the suggestion of moving the sculpture during the Sunken Gardens’ construction. There was Council consensus to direct staff to prepare a large plan of the new Sunken Gardens to have on display for Colony Days. A. CONSENT CALENDAR: 1. Purchase of Light Poles and Pavers for the Sunken Gardens Enhancement Project Fiscal Impact: Pavers - $70,131.95, Light poles - $36,725.00 Staff recommendation: Council authorize the purchase of decorative light poles and concrete pavers for the Sunken Gardens Enhancement Project. [Public Works] City Manager Wade McKinney gave a brief report on this item. PUBLIC COMMENT: Roberta Fonzi, stated that many members of the public have asked her about the Sunken Gardens project and she suggested that the Council give the public another opportunity to give input on the project. Rick Matthews, Parks & Recreation Commissioner, expressed his concern for the sculpture during the construction of this project. MOTION: By Council Member O’Malley and seconded by Mayor Pro Tem Scalise, to authorize the purchase of decorative light poles and concrete pavers for the Sunken Gardens Enhancement Project. Motion passed 4:0 by a roll-call vote. (Pacas absent) B. ADJOURNMENT: Mayor Luna adjourned the meeting at 5:30 p.m. to the Closed Session. C. COUNCIL CLOSED SESSION: 1. PUBLIC COMMENT - CLOSED SESSION CC Minutes 08/10/04 Page 3 of 3 Ellen Beraud, asked the Council where the $1.2 million come from and what will the City lose? City Manager McKinney answered, the funds will come from Redevelopment funds or reserves. Ms. Beraud also stated that she does not feel that the Annex needs to be in the Downtown. Mr. McKinney responded that staff has looked at several potential sites, both in and out of the Downtown. The other sites considered pose problems, such as: 1. The property size is not adequate for the size of portable trailers required, 2. Property owners not interested in selling, etc. Ms. Beraud said she felt that Council Member O’Malley had shared confidential closed session information in his guest article in the Atascadero News. Council Member O’Malley stated that his guest article was his opinion only. He explained that he had reviewed his article with both the former City Attorney and the current Interim City Attorney to verify that his article was not in violation of any confidentiality requirements. 2. Call to Order a. Conference with legal counsel - Existing litigation (Govt. Code Sec. 54956.9 (a)) 1. Creekside Associates v. City of Atascadero b. Personnel: Assistant City Manager (Govt. Code Sec. 54957.6) 3. Adjourn Mayor Luna adjourned the Closed Session at 6:15 p.m. 4. CLOSED SESSION REPORT Special Counsel Scott Baker announced that the City Council, by a 3 -1 vote, gave direction to the City Manager with regard to acceptable terms of settlement subject to the Court’s confirmation that each of the parties have executed the agreement. At that time, the terms will be reported. MINUTES PREPARED BY: _________________________________ Marcia McClure Torgerson, C.M.C., City Clerk