HomeMy WebLinkAboutMinutes 032806Approved 4/25/06
CC Minutes 03/28/06
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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.
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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.
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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
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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,
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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.
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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.
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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]
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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.
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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.
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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