HomeMy WebLinkAboutMinutes 042506Approved May 23, 2006
CC Minutes 04/25/06
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, April 25, 2006
7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor O’Malley called the meeting to order at 7:00 p.m. and Council Member Clay led
the Pledge of Allegiance.
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,
Public Works Director Steve Kahn, Community Development
Director Warren Frace, Community Services Director Brady Cherry,
Police Chief John Couch, Fire Chief Kurt Stone, Deputy Public
Works Director Geoff English and City Attorney Patrick Enright
COMMUNITY FORUM:
Ann Ketcherside thanked city staff for providing her with the paperwork she had
requested. She also questioned where replacement dirt at a specific location in town
had come from.
Mitch Paskin asked for a determination on the acceptance of San Marcos Road into the
city-maintained road system.
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Public Works Director Steve Kahn reported that he is working with the City Attorney on
this issue and will report back to Council within two months.
Eric Greening spoke in support of recovery and reuse of materials at demolition sites,
and suggested that downsizing the 101/41 interchange project in a way that saves most
or all of the trees would help to save funds on the project.
City Manager Wade McKinney read from a letter he had prepared for the City Council
regarding the tree removals at the 101/41 interchange clarifying the city’s support for
landscape screening with native plant materials along U.S. Highway 101.
John Shadak, Ensenada resident, questioned the requirement for an industrial style
sprinkler system for his home.
Mayor O’Malley asked Community Development Director Warren Frace to follow up on
Mr. Shadak’s inquiry responding directly to him and with a follow-up email to Council.
Terry Serosin Ensenada resident, expressed concern that she was not notified about
the routing of the de Anza trail down her street.
Community Services Director Brady Cherry explained that the proposed trail down
Ensenada did not require notification , but staff did notify those living adjacent to the
creek reservation as a courtesy. He stated that the Resource Conservation District will
eventually be contacting all property owners along Ensenada.
Ann Ketcherside stated she also lives on Ensenada and was not notified of the trail
project.
Mayor O’Malley closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member
Scalise to approve the agenda.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
None
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PRESENTATIONS:
1. Proclamation declaring April 30 – May 6, 2006 “Municipal Clerks Week.”
Mayor Pro Tem Pacas read the proclamation and presented it to Municipal Clerk Marcia
McClure Torgerson.
A. CONSENT CALENDAR:
1. City Council Joint Meeting Minutes – March 28, 2006
City Clerk Recommendation: Council approve the City Council joint
meeting minutes of March 28, 2006. [City Clerk]
2. City Council Meeting Minutes – March 28, 2006
City Clerk Recommendation: Council approve the City Council meeting
minutes of March 28, 2006. [City Clerk]
3. Apple Valley Assessment Districts
Description: Annual approval and notice of Public Hearing on May 23rd.
Fiscal Impact: There is no fiscal impact to general residents within the
City.
Recommendations: Council:
1. Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Street and Storm Drain
Maintenance District No. 01 – Apple Valley for fiscal year 2006/2007.
2. Adopt Draft Resolution B accepting and preliminarily approving the
Engineer’s Annual Levy Report regarding the Street and Storm Drain
Maintenance District No. 01 – Apple Valley.
3. Adopt Draft Resolution C declaring the City’s intention to levy and
collect annual assessments within Street and Storm Drain
Maintenance District No. 01 – Apple Valley in fiscal year 2006/2007,
and to appoint a time and place for the public hearing on these
matters.
4. Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 01 – Apple Valley for fiscal year 2006/2007
pursuant to the provisions of Part 2 of Division 15 of the California
Streets and Highways Code.
5. Adopt Draft Resolution E for preliminary approval of the Annual
Engineer’s Levy Report for the Atascadero Landscaping and Lighting
Maintenance District No. 01 – Apple Valley for fiscal year 2006/2007.
6. Adopt Draft Resolution F declaring the City’s intention to levy and
collect assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 01 – Apple Valley for fiscal year 2006/2007.
[Administrative Services]
Approved May 23, 2006
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4. De Anza Estates Assessment Districts
Description: Annual approval and notice of Public Hearing on May 23rd.
Fiscal Impact: There is no fiscal impact to general residents within the
City.
Recommendations: Council:
1. Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Street and Storm Drain
Maintenance District No. 03 – De Anza Estates for fiscal year
2006/2007.
2. Adopt Draft Resolution B accepting and preliminarily approving the
Engineer’s Annual Levy Report regarding the Street and Storm Drain
Maintenance District No. 03 – De Anza Estates.
3. Adopt Draft Resolution C declaring the City’s intention to levy and
collect annual assessments within Street and Storm Drain
Maintenance District No. 03 – De Anza Estates in fiscal year
2006/2007, and to appoint a time and place for the public hearing on
these matters.
4. Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 03 – De Anza Estates for fiscal year
2006/2007 pursuant to the provisions of Part 2 of Division 15 of the
California Streets and Highways Code.
5. Adopt Draft Resolution E for preliminary approval of the Annual
Engineer’s Levy Report for the Atascadero Landscaping and Lighting
Maintenance District No. 03 – De Anza Estates for fiscal year
2006/2007.
6. Adopt Draft Resolution F declaring the City’s intention to levy and
collect assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 03 – De Anza Estates for fiscal year
2006/2007. [Administrative Services]
5. Las Lomas (Woodridge) Assessment Districts
Description: Annual approval and notice of Public Hearing on May 23rd.
Fiscal Impact: There is no fiscal impact to general residents within the
City.
Recommendations: Council:
1. Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Street and Storm Dra in
Maintenance District No. 02 – Las Lomas (Woodridge) for fiscal year
2006/2007.
2. Adopt Draft Resolution B accepting and preliminarily approving the
Engineer’s Annual Levy Report regarding the Street and Storm Drain
Maintenance District No. 02 – Las Lomas (Woodridge).
3. Adopt Draft Resolution C declaring the City’s intention to levy and
collect annual assessments within Street and Storm Drain
Approved May 23, 2006
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Maintenance District No. 02 – Las Lomas (Woodridge) in fiscal year
2006/2007, and to appoint a time and place for the public hearing on
these matters.
4. Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 02 – Las Lomas (Woodridge) for fiscal year
2006/2007 pursuant to the provisions of Part 2 of Division 15 of the
California Streets and Highways Code.
5. Adopt Draft Resolution E for preliminary approval of the Annual
Engineer’s Levy Report for the Atascadero Landscaping and Lighting
Maintenance District No. 02 – Las Lomas (Woodridge) for fiscal year
2006/2007.
6. Adopt Draft Resolution F declaring the City’s intention to levy and
collect assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 02 – Las Lomas (Woodridge) for fiscal year
2006/2007. [Administrative Services]
6. Atascadero Lake Pavilion Equipment Replacement and Repairs
Fiscal Impact: $81,100.00 in funds to be allocated from the General Fund
Reserves
Recommendation: Council authorize the Administrative Services Director
to transfer $81,100 from the General Fund Reserves to the Lake Pavilion
operating budget. [Community Services]
7. Amendment to Zoning Code to Conditionally Permit Medical Marijuana
Dispensaries in Commercial Service Zones
Fiscal Impact: Unknown.
Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A approving Zone Code Text Amendment permitting medical
marijuana dispensaries in the Commercial Service Zone subject to a
conditional use permit. [City Attorney]
8. Parking and Business Improvement Area (PBIA) Assessment
Description: Declaration of intention to levy annual PBIA assessment and
set a public hearing.
Fiscal Impact: The City receives approximately $10,500 annually from the
Downtown Parking and Business Improvement Area assessments.
Recommendation: Council adopt the Draft Resolution of Intention,
declaring intent to levy annual Downtown Parking & Business
Improvement Area assessment, and set a public hearing for May 9, 2006.
[City Manager]
Approved May 23, 2006
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9. Atascadero Creek Sewer Siphon Replacement
Description: Additional charges for sewer siphon at Lewis Ave.
Fiscal Impact: $18,047.03 in additional funds.
Recommendation: Council authorize the City Manager to execute
Contract Change Order No. 4 in the amount of $18,047.03 for the
Atascadero Creek Sewer Siphon Project with MGE Underground, Inc.
[Public Works]
10. South Atascadero Sewer Main / City Reimbursement to Developer
Description: Authorization to reimburse Developer for City’s share of
costs.
Fiscal Impact: The project will use $325,000 of Wastewater Fund
Reserves.
Recommendations: Council:
1. Authorize City Manager to reimburse the owners of Tract 2525,
$325,000.00 to extend a gravity sewer from the Wastewater Treatment
Plant to El Camino Real and Lift Station #12; and,
2. Authorize the Administrative Services Director to appropriate
$325,000.00 from the Wastewater Fund reserves. [Public Works]
11. Temporary Road Closure / Sunken Gardens Special Events
Fiscal Impact: $160.00 per event for the installation of Road Closed signs
by Public Works Staff.
Recommendation: Council approve the closure of Palma Avenue from
East Mall to West Mall during three separate special events scheduled in
May. [Public Works]
Items pulled: Mayor O’Malley, Item #A-11.
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve Items #A-1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.
Motion passed 5:0 by a roll-call vote. (Pacas abstained Item
#A-9) (Item #A-3.1, 3.2, 3.3, 3.4, 3.5, 3.6 Resolution Nos. 2006 -
024, 2006-025, 2006-026 2006-027, 2006-028, 2006-029, Item #A-
4.1, 4.2, 4.3, 4.4, 4.5, 4.6 Resolution Nos. 2006-030, 2006-031,
2006-032, 2006-033, 2006-034, 2006-035, Item #A-5.1, 5.2, 5.3,
5.4, 5.5, 5.6 Resolution Nos. 2006-036, 2006-037, 2006-038,
2006-039, 2006-040, 2006-041, Item #A-7 Ordinance No. 494,
Item #A-8 Resolution No. 2006-042)
Item #A-11: City Clerk Marcia McClure Torgerson explained that of the three events
listed for road closure, the third has been rescheduled and must be pulled until the date
for the street closure has been researched.
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MOTION: By Council Member Luna and seconded by Council Member
Clay to approve Item #A-11 as amended.
Motion passed 5:0 by a roll-call vote.
B. MANAGEMENT REPORTS:
1. Quarterly Update of the City Council’s Strategic Initiatives
Fiscal Impact: None.
Recommendation: This is an informational report; the City Council may
want to refine the work on, or direction of, one or more of the initiatives.
[City Manager]
Assistant City Manager Jim Lewis gave the staff report and answered questions of
Council.
PUBLIC COMMENT – None
Mayor O’Malley suggested including more discussion on items relating to the financial
aspects of the initiatives at the strategic planning session.
There was Council consensus to look at the financial strategy at Strategic
Planning.
2. Development Services Permitting Improvement Program
Fiscal Impact: None.
Recommendation: Council review and accept the report on the status of
the Permitting Improvement Program. [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT – None
3. Joint Meeting Request by the Atascadero Parks and Recreation
Commission
Description: Approval of scheduling a joint meeting with the Parks and
Recreation Commission to discuss the Commission’s role and direction.
Fiscal Impact: None.
Recommendation: Council direct staff regarding the scheduling of a
meeting and the preparation of an agenda for a joint meeting with the
Parks and Recreation Commission as may be appropriate. [Community
Services]
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Community Services Director Brady Cherry gave the staff report and answered
questions of Council.
City Manager Wade McKinney explained that staff is working to include the Planning
and Parks and Recreation Commissions in more workshops and general meetings. A
meeting will be scheduled for the Council to discuss items raised by the Parks and
Recreation Commission.
PUBLIC COMMENT
Sandy Jack, Parks and Recreation Commissioner, explained the background for the
Commission’s request.
Mayor O’Malley closed the Public Comment period.
4. Department of Transportation Excess Property – Highway 41 and
Cemetery Road (City of Atascadero)
Description: Authorization to purchase surplus property from CalTrans.
Fiscal Impact: The proposed purchase of the two parcels would result in
the expenditure of a maximum amount of $80,000 and would require
minimal expenditures for maintenance.
Recommendations:
1. Adopt Draft Resolution A-1 authorizing the City Manager to enter into
negotiations and a Contract to Purchase a .124 acre parcel of land,
deemed excess right of way by the California State Department of
Transportation and located on the southwest side of Highway 41,
overlying a portion of Cemetery Road; and,
2. Adopt Draft Resolution A-2 authorizing the City Manager to negotiate
and enter into a Contract to Purchase a .261 acre parcel of land,
deemed excess right of way by the California State Department of
Transportation and located on the southwest side of Highway 41, near
the intersection of Cemetery Road;
OR,
3. Adopt Draft Resolution B, requiring the California State Department of
Transportation to prepare and cause to be filed a final map for the
excess property located at the intersection of Cemetery Road and
Highway 41, in accordance with the provisions of the City’s General
Plan, Zoning and Subdivision Ordinances. (In accordance with Section
66428 (a)(2) of the California Subdivision Map Act.) [Community
Development]
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Community Development Director Warren Frace gave the staff report and answered
questions of Council.
Council Member Scalise urged staff to pursue getting a better price for the parcels, but
stated that it would be in the city’s best interest to purchase the properties .
Council Member Clay stated that purchasing Parcel 1 makes sense, and suggested this
could eliminate the potential lot split, and if the city buys the other property as well it
could be donated to Habitat for Humanity.
Mayor Pro Tem Pacas commented that it doesn’t make sense to buy this property, as it
has been used as a public right of way for years. She also urged staff to negotiate the
price, which she considers too high.
Council Member Luna stated he supports this, as the cost is minimal, and the city would
be remiss in its duties if it didn’t take advantage of this opportunity.
Mayor O’Malley stated this is good example of a lot that could be reconfigured, and
feels strongly that the city should purchase this now and then sort it out. He likes the
idea of utilizing the properties for open space and signage.
PUBLIC COMMENT – None
MOTION: By Council Member Luna and seconded by Council Member
Scalise to adopt Draft Resolution A-1 authorizing the City
Manager to enter into negotiations and a Contract to Purchase
a .124 acre parcel of land; and, adopt Draft Resolution A-2
authorizing the City Manager to negotiate and enter into a
Contract to Purchase a .261 acre parcel of land.
Motion passed 5:0 by a roll-call vote. (Resolution Nos. 2006-
043 and 2006-044)
C. COMMITTEE & LIAISON REPORTS:
Mayor O’Malley
1. County Mayor’s Round Table: He has put regional tourism on the agenda.
2. Finance Committee: Emphasis will be on how to make money to pay for all
the agreed upon identified needs.
3. Air Pollution Control District (APCD): They are reviewing items that have
impact on climate issues.
4. Economic Vitality Corporation, Board of Directors (EVC): Are getting local
businesses more involved and looking at doing some economic analysis.
5. League of California Cities – Grassroots Network: Good turnout at the three
county league event, and Atascadero raised more sponsorships than any
other city.
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6. Economic Opportunity Commission (EOC): Are struggling with the north
county homeless center.
7. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority
(SLORTA): Number one issue is the 101/41 interchange.
Mayor Pro Tem Pacas
1. Integrated Waste Management Authority (IWMA): W orkshop with the City of
Atascadero on construction recycling is scheduled for Thursday.
2. City / Schools Committee: Discussed a joint facility project between the city
and the school district.
Council Member Clay
1. School Committee: Met at San Benito School and looked at a piece of
property that is undeveloped that would be appropriate for fields; however the
problem would be raising the money to put them in.
Council Member Scalise
1. Local Agency Formation Commissions (LAFCO): W orking on the dissolution
of the Los Osos CSD.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Manager
City Manager Wade McKinney gave a slide show on the City Hall presentation
scheduled for Thursday night. In addition he spoke about issues relating to cities
regarding the federal and state Telecommunications Act. The League has asked
Atascadero to adopt a resolution opposing the Telecommunications issue, and
there was Council consensus for staff to bring this issue back.
E. ADJOURNMENT:
Mayor O’Malley adjourned the meeting at 8:40 p.m. to the next regularly scheduled
meeting of the City Council on May 9, 2006.
MEETING RECORDED AND MINUTES PREPARED BY:
______________________________________________
Grace Pucci, Deputy City Clerk