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HomeMy WebLinkAboutMinutes 032806Approved 4/25/06 CC Minutes 03/28/06 Page 1 of 10 CITY OF ATASCADERO CITY COUNCIL MINUTES Tuesday, March 28, 2006 7:00 P.M. CLOSED SESSION: 6:33 p.m. (Immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION: - None 2. CALL TO ORDER a. Conference with Legal Counsel - Existing Litigation (Government Code sections 54956.9, subdivision (a).) Case name unspecified as disclosure would jeopardize existing settlement negotiations (Government Code section 54954.5, subdivision (c).) b. Conference with Legal Counsel – Exiting Litigation City of Atascadero v. Thomas Dorsey 3. ADJOURN: 7:18 p.m. 4. CLOSED SESSION REPORT City Attorney Patrick Enright announced that Council met in closed session on two items and there was no reportable action on either one REGULAR SESSION: 7:00 P.M. Mayor O’Malley called the meeting to order at 7:21 p.m. and Holly Reasor led the Pledge of Allegiance. Approved 4/25/06 CC Minutes 03/28/06 Page 2 of 10 ROLL CALL: Present: Council Members Clay, Luna, Scalise, Pacas and Mayor O’Malley Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, 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, Deputy Community Development Director Steve McHarris, Personnel Analyst Meredith Hendrickson, and City Attorney Patrick Enright. COMMUNITY FORUM: Steve Shiveley, Calvary Chapel, led those present in prayer. Richard Moen spoke in support of retaining the Eagle Creek Golf Course, and suggested the Council consider the possibility of the City managing the golf course. Jono Kinkade spoke in favor of Atascadero signing the U.S. Mayor’s Climate Protection Agreement. Brandon Istenes, Atascadero High School student, spoke in favor of the “Cool Cities” proposal. Eric Greening expressed his support of the previous two speakers and in f avor of the “Cool Cities” program. Mayor O’Malley closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member Clay and seconded by Council Member Scalise to approve the agenda. Motion passed 5:0 by a roll-call vote. Approved 4/25/06 CC Minutes 03/28/06 Page 3 of 10 COUNCIL ANNOUNCEMENTS AND REPORTS: None PRESENTATIONS: 1. Presentation by Larry Allen of the Air Pollution Control District on the Climate Change Program. Larry Allen gave the presentation and distributed a copy of the Mayors Climate Protection Agreement and a hard copy of the PowerPoint presentation. (Exhibits A and B) Mayor O’Malley asked that this item be added to the agenda for the Mayor’s Roundtable meeting. 2. Presentation to Retiring Superintendent of Schools, Jim Stecher. Council Member Clay spoke about Jim Stecher and introduced Don Clickert who spoke about Mr. Stecher’s contributions to the school system. Council Member Clay presented Mr. Stecher with an award recognizing his service. 3. Presentation to Lon Allan by Chief Stone. Fire Chief Kurt Stone, with members of the Fire Department, spoke about Lon Allan and how he has been of help in many emergency situations and presented him with a commemorative fire helmet. Mr. Allan spoke about the Fire Department and their outstanding record in responding to emergencies. 4. Employee Service Award Presentations. City Manager Wade McKinney, Assistant City Manager Jim Lewis and Personnel Analyst Meredith Hendrickson presented the following employee service awards: Tiffany Ayles – Five Years Jerry Rangel – Five Years John Blair – 15 Years John Couch – 15 Years Geoff English – 15 Years Mark Markcort – 15 Years Bill White – 15 Years Tom Jamison – 20 Years Corey Meyer – 20 Years Steve Sandeffer – 20 Years Approved 4/25/06 CC Minutes 03/28/06 Page 4 of 10 A. CONSENT CALENDAR: 1. City Council Meeting Minutes – February 28, 2006  City Clerk Recommendation: Council approve the City Council meeting minutes of February 28, 2006. [City Clerk] 2. Atascadero Avenue Overlay Award (City Bid No. 2006-001)  Description: Authorization to execute contract with Granite Construction for the pavement of portions of Atascadero Ave. between Santa Barbara & San Diego Roads.  Fiscal Impact: Total estimated expenditures is $229,410.00.  Recommendation: Council authorize the City Manager to execute a contract with Granite Construction in the amount of $168,768.00 for paving portions of Atascadero Avenue between Santa Barbara Road and San Diego Road. [Public Works] 3. Asphalt Purchasing and Delivery Services  Description: Request authorization to enter into ongoing contracts for asphalt purchasing with two separate vendors.  Fiscal Impact: Funds for the purchase and delivery of asphalt is included in annual Street Maintenance Division budget.  Recommendation: Council authorize the City Manager to enter into ongoing contracts for asphalt purchasing and delivery with Hanson Aggregates and with Union Asphalt. [Public Works] 4. Annual Sewer-Line Cleaning Services  Description: Request for authorization to hire Mark Simon Sewer Maintenance to conduct the City’s annual sanitary sewer-line cleaning.  Fiscal Impact: Expenditures of $ 61,600.00 in Wastewater funds over the next four years.  Recommendation: Council authorize the City Manager to execute a four year contract with Mark Simon Sewer Maintenance in the amoun t of $15,400.00 annually, for sanitary sewer-line cleaning services. [Public Works] 5. Final Map 2005-0110 (Tract 2626) Santa Barbara Road / El Camino Real (TTM 2003-0033)(Centex Homes)  Description: Approval of a one hundred fifty-four lot subdivision.  Fiscal Impact: None.  Recommendations: Council: 1. Accept Final Tract Map 2005-0110 (Tract 2626); and, 2. Accept the offers of dedication for Street purposes, the Public Sewer Easements, and Lot OS-15 in fee simple; and, Approved 4/25/06 CC Minutes 03/28/06 Page 5 of 10 3. Reject, without prejudice to future acceptance, the offers of dedication for Public Storm Drain Easements and Public Pedestrian Access Easements; and, 4. Authorize City Manager to execute a Subdivision Improvement Agreement, a Subdivision Annexation and Assessment and Parcel Tax Authorization Deferral Agreement, and an Affordable Housing Agreement; and, 5. Execute a Memorandum of Development Condition. [Public Works] Items pulled: Eric Greening Item #A-5. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Items #A-1, 2, 3 and 4. Motion passed 5:0 by a roll-call vote. (Item #A-2 Contract No. 2006-014, Item #A-4 Contract No. 2006-015) Item #A-5: Eric Greening read to Council from the staff report prepared for the Regional Quality Control Board meeting of March 24th regarding Dove Creek and Centex Homes, and questioned why the presence of a large am ount of ground water wasn’t caught in the EIR. He asked several other questions and suggested deferring action on this item until all such questions were answered. Mayor O’Malley closed the Public Comment period. Council Member Luna expressed concern over the potential of subsidence and its possible effect on future homeowners, and suggested double checking some of the issues raised by Mr. Greening before proceeding with this item. Grant Robins, Centex Homes, addressed the comments made by Mr. Greening and stated that the groundwater level and subsidence was researched and made part of the CEQA documents. MOTION: By Council Member Clay and seconded by Council Member Scalise to approve Item #A-5. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Contract Nos. 2006-016, 2006-017, 2006-018, 2006-019) B. PUBLIC HEARING: 1. Appeal 2005-0006 / Appeal of Planning Commission Action on November 1, 2005 For Reconsideration of Conditional Use Permit 2000- 0022 (6125 San Anselmo Avenue) Amendment of CUP 2000 -0022 (Shores)  Description: Appeal of the Planning Commission decision concerning the non-permitted driveway at the Car Wash on San Anselmo Road. Approved 4/25/06 CC Minutes 03/28/06 Page 6 of 10  Disclosure of Ex Parte Communications  Fiscal Impact: None.  Recommendation: Council require the placement of a new median in San Anselmo Road in lieu of removing a non-permitted ingress/egress driveway. [Community Development] Public Works Director Steve Kahn gave the staff report and answered questions of Council. Ex Parte Communications  Council Member Clay stated he had spoken with Jim Shores today and on a prior occasion.  Mayor O’Malley stated it was possible he had a n ex parte conversation regarding this project in the past. PUBLIC COMMENT Russ Thompson, applicant’s representative, explained that the driveway has minor usage, and that the applicant would like to have resolution on this item. He further stated that the applicant has authorized payment of a $10,000 mitigation fee to go into the study of improvements to that intersection rather than removing the driveway or constructing the median or pork chop. Mr. Thompson answered questions of Council. Jim Shores, applicant, stated he is in agreement with all of the other conditions, and spoke about some changes he would like to make to the project. Mayor Pro Tem Pacas stated that she could support either the Planning Commission recommendation or the median. Sandy Jack stated he has traveled the area in question often and there are times during the day when left hand turns are an issue. Richard Mullin asked for clarification on where the median begins and ends and suggested that the original developer has the obligation to go back and fix the problem if it was not done right originally. Julie Bennett stated she was a resident of this neighborhood for several years, and urged Council to either close the driveway or take the mitigation funds. Mayor O’Malley closed the Public Comment period. Council Member Luna stated that the proposed fee does not alleviate the problem of a left hand turn, so the taxpayer would eventually have to foot the bill. Approved 4/25/06 CC Minutes 03/28/06 Page 7 of 10 MOTION: By Council Member Scalise and seconded by Council Member Clay to accept a mitigation fee of $15,000 from the applicant. Motion passed 3:2 by a roll-call vote. (Luna, Pacas opposed) 2. Interim Urgency Ordinance Establishing a Moratorium on Conversion of Residential Units to Condominiums  Description: Temporary Ordinance establishing a moratorium on conversion of residential units to condominiums.  Fiscal Impact: None.  Recommendation: Council adopt the interim urgency ordinance establishing a moratorium on conversions of residential units to condominiums. [City Attorney] City Attorney Patrick Enright gave the staff report and answered questions of Council. PUBLIC COMMENT Roberta Fonzi explained that there are existing multi family apartment buildings that are requesting conversion to condominiums as well as non occupied units that are under construction which could be converted to condominiums prior to occupation, and she would like to be certain the ordinance addresses this difference. Lee Gustafson stated that there are many benefits to allowing renters to purchase affordable units, and that it would be better to have more buyers than renters. Mayor O’Malley closed the Public Comment period. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Pacas to adopt the interim urgency ordinance establishing a moratorium on conversions of residential units to condominiums. Motion passed 5:0 by a roll-call vote. (Ordinance No. 493) C. MANAGEMENT REPORTS: 1. Sewer Reimbursement Agreement / Colima Avenue  Description: Approval of a sewer reimbursement agreement for Colima Avenue.  Fiscal Impact: The City will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded.  Recommendation: Council approve the Colima Avenue Sewer Extension Reimbursement Agreement. [Public Works] Approved 4/25/06 CC Minutes 03/28/06 Page 8 of 10 Public Works Director Steve Kahn gave the staff report and answered questions of Council. PUBLIC COMMENT Jennifer Eickemeyer stated the Colima residents understood that in exchange for increased density in the neighborhood they would get a sewer line and that no mention was made to indicate that families would have to reimburse Mr. Gearhart for the sewer line. Jim Eikemeyer pointed out that the off site sewer is up hill from the development area where there is a history of failed septic systems, and there is a potential for contaminated rain water runoff that could flow through the development area then down into the homes below. Mayor O’Malley closed the Public Comment period. MOTION: By Council Member Scalise and seconded by Council Member Clay to accept staff’s recommendation to approve the Colima Avenue Sewer Extension Reimbursement Agreement. Motion passed 3:2 by a roll-call vote. (Luna, Pacas opposed) 2. Atascadero Road Program  Description: An update report on the Atascadero Road Program.  Fiscal Impact: None.  Recommendation: Council receive a report on the Atascadero Road Program. [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of Council. PUBLIC COMMENT – None There was Council consensus for this to go to the Finance Committee to look at the existing budget and come up with $215,000 for road maintenance. D. COMMITTEE & LIAISON REPORTS: Mayor O’Malley 1. County Mayor’s Round Table: Regional tourism has been brought up as an ongoing topic. 2. Air Pollution Control District (APCD): Mayor O’Malley pushed to have the APCD take a look at environmental issues. Approved 4/25/06 CC Minutes 03/28/06 Page 9 of 10 3. Economic Vitality Corporation, Board of Directors (EVC): Doing a number of business planning meetings in the community. 4. League of California Cities – Grassroots Network: Policy Committee meeting this Friday in Los Angeles. Regional fundraising golf tournament coming up. 5. Economic Opportunity Commission (EOC): Looking at what can be done for a homeless shelter in the north county. Mayor Pro Tem Pacas 1. Integrated Waste Management Authority (IWMA): Three million dollars is available for a rubberized asphalt grant for those cities not currently using it. 2. City / Schools Committee: Issue of joint use facility will be on a May agenda. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Clay responded to the earlier suggestion that the City take over the Eagle Creek Golf Course and stated the course was not a profitable situation in past years. He stated a football field is badly needed and this would have been a good opportunity. Council Member Luna pointed out that when the Eagle Creek project was before Council in the past it was argued that golf would be the future for that are a, with many of the same arguments heard tonight in favor of the football field, a nd now it is reported that the golf course is not economically feasible. Council Member Scalise stated that the State of California is offering property in Atascadero for sale and the State Hospital would have the first shot at it; however they have no need or want for it so the City would have a good chance to get it, and it would make a good football field. City Manager City Manager Wade McKinney gave Council an update on the Paloma Park property appraisal and reported on the emails from Rudi Natoli encouraging cities to adopt a code of ethics. The groundbreaking at the corporation yard will be held tomorrow. Community Development Director Warren Frace spoke of a project in the community that is going through the permitting process, and reported that the frontage improvements will be substantial and will result in significant changes to the neighborhood. Director Frace answered questions of Council. Approved 4/25/06 CC Minutes 03/28/06 Page 10 of 10 F. ADJOURNMENT: Mayor O’Malley adjourned the meeting at 9:37 p.m. to the next regularly scheduled meeting of the City Council on April 11, 2006. MEETING RECORDED AND MINUTES PREPARED BY: _____________________________________________ Grace Pucci, Deputy City Clerk The following Exhibits are available for review in the City Clerk’s office: Exhibit A – Larry Allen, Power Point presentation Exhibit B – Larry Allen, Mayors Climate Protection Agreement