HomeMy WebLinkAboutMinutes 080806Approved September 12, 2006
CC Minutes 08/08/06
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, August 8, 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 Luna led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Luna, 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, Public Works
Director Steve Kahn, Community Services Director Brady Cherry,
Community Development Director Warren Frace, Police Chief John
Couch, Fire Chief Kurt Stone, Deputy Public Works Director Geoff
English, Deputy Community Development Director Steve McHarris ,
Associate Planner Kelly Gleason and City Attorney Patrick Enright.
COMMUNITY FORUM:
Tom Gaddis, representing local pastors, led those present in prayer.
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Zoe Duty asked how the city is involved in W al Mart’s purchase of private land and
commented that seedling oak trees growing along the roadways should be cut down so
they do not encroach on the roads.
Laurent Bernard distributed a handout regarding the United Nations International Day of
Peace and asked the city to pass a resolution recognizing that day. (Exhibit A)
Ann Ketcherside expressed concern regarding projects that do not have an address
listed, and requested the physical address of each project be listed in the agenda.
Tom Colemeyer, spokesperson for Oppose Wal Mart, explained the intention of their
group and stated his concern that staff’s actions undermine the General Plan.
Mike Brennler spoke about the contents of a letter from attorney Dennis Law to a law
firm in Los Angeles, and explained why this is a problem for Atascadero.
Nancy Wirtz spoke about an article written by Barry Linn regarding Wal Mart ’s unethical
business practices.
Kelly Dodge stated she works at Wal Mart and related the positive aspects of her
employment there.
Dorothy Dodge stated her support for Wal Mart and felt it would help the community.
Don Idler thanked the City Council for their hard work and stated his support for their
honesty and integrity. Mr. Idler spoke about the success of Wal Mart in Paso Robles.
Eric Greening spoke in support of proclaiming the International Day of Peace, asked if
the Peace Pole could be resurrected, and encouraged more accountability regarding
the Wal Mart issue.
Brandon Istenes stated his concurrence with the International Peace Day request.
Doug Lewis read from a prepared statement regarding the old City Hall Administration
Building. (Exhibit B)
Jim Shannon referred to the emails discussed at the last meeting regarding the Wal
Mart issue and explained why he thought they were misleadingly presented to the
public.
There was Council consensus to extend the Community Forum period.
David Curtis asked the City Council to insure that transparency exists in their dealings
with Wal Mart.
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Daphne Fahsing read from a prepared statement regarding the sales tax revenue
expected from the Annex project (Exhibit C) and asked how many years it will take to
build out the project.
Doug Lewis read from a prepared statement regarding the impacts to traffic circulation
from the planned Traffic Way sports complex. (Exhibit D)
Mayor O’Malley closed the Community Forum period.
Mayor O’Malley asked staff to address issues raised during the Community Forum
period.
City Attorney Patrick Enright spoke about the purchase of private property by a
developer, and stated that the city has met the requirements of the Public Records Act.
City Clerk Marcia McClure Torgerson explained that she is putting together a report on
the records retention schedule for review by the City Council.
Community Development Director Warren Frace reviewed the process for project
development in Atascadero.
Council Member Luna reviewed and clarified the sequence for his release of an email to
a citizen and explained that it is a public document.
APPROVAL OF AGENDA:
Mayor O’Malley recommended moving Item #C-2 to the end of the agenda.
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve the agenda as amended.
Motion passed 4:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Pro Tem Pacas reported on the League of California Cities 2006 Mayors and
Council Members Academy Executive Forum, which she and Mayor O’Malley attended.
Mayor O’Malley explained the reporting requirements for Council Members, and spoke
about a Memorandum of Understanding (MOU) between the City and SLO Green Build.
(Exhibit E)
There was Council consensus to agendize the MOU on the Consent Calendar of a
future City Council meeting.
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PRESENTATIONS:
1. Employee Service Award Presentations
City Manager Wade McKinney presented Fire Captain Keith Aggson with a Service Pin
and spoke of his service to the city.
2. Review of New City Web Page
Assistant City Manager Jim Lewis gave the staff report.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes – June 27, 2006
City Clerk Recommendation: Council approve the City Council meeting
minutes of June 27, 2006. [City Clerk]
2. City Council Meeting Minutes – July 11, 2006
City Clerk Recommendation: Council approve the City Council meeting
minutes of July 11, 2006. [City Clerk]
3. June 2006 Accounts Payable and Payroll
Fiscal Impact: $1,797,733.42.
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for June 2006. [Administrative
Services]
4. Investment Policy – Proposed Revisions
Fiscal Impact: None.
Recommendation: Council adopt the Draft Resolution approving and
adopting the revised City of Atascadero Investment Policy dated August 8,
2006. [Administrative Services]
5. Authorization of Signers to Execute Documents with Financial
Institutions
Fiscal Impact: None.
Recommendation: Council adopt the Draft Resolution naming the
individual positions authorized to execute documents with Mid-State Bank,
investment companies, and other financial institutions. [Administrative
Services]
6. Temporary Road Closure – Bicycle Rodeo
Fiscal Impact: None.
Recommendation: Council approve the temporary road closure of Palma
Avenue, from East Mall to West Mall, and West Mall, between Palma
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Avenue and Lewis Avenue, on Saturday, September 9, 2006 from 7:00am
until 1:00pm for a Bicycle Rodeo. [Community Services]
7. Temporary Road Closure - Curbaril Avenue
Fiscal Impact: All Traffic Control expenses will be covered by R. Burke
Construction as part of the project cost.
Recommendation: Council approve the request from R. Burke
Construction for the temporary closure of portions of Curbaril Avenue for a
repaving project from Monday, August 21st through Friday, August 25th,
2006. [Public Works]
8. San Gabriel Road / Morro Road Traffic Signal Award (City Bid No. 2006-
012)
Fiscal Impact: Total project expenditures of $343,020. Total projected
shortfall of $43,020.
Recommendations: Council:
1. Authorize the City Manager to execute a contract with Lee Wilson
Electric for $182,470 to construct the San Gabriel Road/Morro Road
Traffic Signal; and,
2. Authorize the Administrative Services Director to appropriate $43,020 of
Circulation Impact Fees for the San Gabriel Road/Morro Road Traffic
Signal. [Public Works]
9. Combined Fixed Route Service Agreements
Fiscal Impact: The new service can be provided within the currently
budgeted funds for Fixed Route service. Staff recommends allocating an
additional $10,000 for marketing and promotion from 06/07 Federal 5307
Funds.
Recommendations: Council:
1. Authorize the City Manager to enter into a Memorandum of
Understanding between the City of Atascadero and the City of Paso
Robles for implementation of a combined fixed route service; and,
2. Authorize the City Manager to enter into the North County Regional
Cooperative Transit Agreement between the Cities of Atascadero and
Paso Robles, and Cuesta Community College for fixed route service;
and,
3. Authorize the Administrative Services Director to appropriate $10,000
from 06/07 Federal 5307 Funds for marketing and promotional
services. [Public Works]
10. Supplemental Law Enforcement Services Fund (SLESF) / Purchase of
Radar Speed Display Signs
Fiscal Impact: The total cost of two radar speed signs, installation
equipment, and supporting supplies is $10,116.55. These additional
radar speed signs are paid for by 2005/2006 SLESF grant funds and do
not impact the General Fund.
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Recommendation: Council designate excess 2005/2006 Supplemental
Law Enforcement Services Fund (SLESF) monies for use of purchasing
two additional radar speed display signs. [Police]
Items pulled: Eric Greening, Item #A-9.
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Luna to approve Items #A-1, 2, 3, 4, 5, 6, 7, 8 and 10.
Motion passed 4:0 by a roll-call vote. (Item #A-4 Resolution
No. 2006-0074, Item #A-5 Resolution No. 2006-075, Item #A-8
Contract No. 2006-028)
Item #A-9
Public Works Director Steve Kahn gave a report on the Combined Route Service.
PUBLIC COMMENT
Eric Greening spoke about the lack of a common transfer point between the Express
Route 9 service in Atascadero and the North County Shuttle service, and suggested
signage be placed at the stops to explain the changes in service.
Mayor O’Malley closed the Public Comment period.
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Luna to approve Item #A-9.
Motion passed 4:0 by a roll-call vote. (Item #A-9.1 Contract No.
2006-029, Item #A-9.2 Contract No. 2006-030)
B. PUBLIC HEARING:
1. San Andres Planned Development #25: ZCH 2005-0097 / CUP 2005-0150
/ TTM 2005-0088 (Barre)
Description: Approval of Zone Change, Conditional Use Permit and
Vesting Tentative Tract Map that would allow a 5-unit residential planned
development in a currently developed site with a single-family residence
that has been identified as a Colony Home.
Fiscal Impact: None.
Recommendations: Planning Commission Recommends: Council:
1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration
2006-0019; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2005-0097 based on findings; and,
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3. Adopt Resolution B approving Conditional Use Permit 2005 -0150
(Master Plan of Development) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt Resolution C approving Vesting Tentative Tract Map 2006-0088
based on findings and subject to Conditions of Approval and Mitigation
Monitoring. [Community Development]
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of Council.
PUBLIC COMMENT
Pamela Jardini, applicant’s agent, stated they support the recommendations by the
Planning Commission and answered questions of Council. She explained that there
needs to be a private yard included for two of the residences, which will reduce the
open space as shown.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Pacas to adopt Resolution A certifying Proposed Mitigated
Negative Declaration 2006-0019; and, introduce for first
reading, by title only, Draft Ordinance A approving Zone
Change 2005-0097 based on findings; and, adopt Resolution B
approving Conditional Use Permit 2005-0150 (Master Plan of
Development) based on findings and subject to Conditions of
Approval and Mitigation Monitoring; and, adopt Resolution C
approving Vesting Tentative Tract Map 2006-0088 based on
findings and subject to Conditions of Approval and Mitigation
Monitoring, and including the private yard request.
Motion passed 4:0 by a roll-call vote. (Item #B-1.1 Resolution
No. 2006-076, Item #B-1.3 Resolution No. 2006-077, Item #B-1.4
Resolution No. 2006-078)
2. Consideration of a Construction and Demolition Debris (C&D) Ordinance
Title 8: Local building Ordinance
Fiscal Impact: There will be additional staff time necessary to review
recycling plans and determine compliance. However, if the program
demands significant staff resources, cost recovery may need to be
revisited in the future.
Recommendation: Council introduce for first reading, by title only, the
Draft Ordinance A adding Chapter 13 to Title 8 of the Atascadero
Municipal Code, requiring the mandatory recycling of construction and
demolition debris. [Community Development]
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Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Eric Greening spoke in support of the ordinance and indicated it was a good step in
implementing the Climate Protection Agreement.
Maria Hooper questioned why there is a 1000 square foot minimum rather than being
mandatory for every project.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Pacas to introduce for first reading, by title only, the Draft
Ordinance A adding Chapter 13 to Title 8 of the Atascadero
Municipal Code, requiring the mandatory recycling of
construction and demolition debris.
Motion passed 4:0 by a roll-call vote.
3. Community Facilities District 2005-1 Annexation No. 5 (Dove Creek)
Description: Adoption of this Resolution is part of the final necessary
steps for the establishment of Annexation No. 5 of Community Facilities
District 2005-1 to fund new police, fire, and park services for this
development.
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution D, making certain
findings, certifying the results of an election and adding property to
Community Facilities District No. 2005-1 (Public Services), Annexation No.
5 (Dove Creek). [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT – None
Mayor O’Malley asked the following questions of the City Clerk:
1. Have any written protests been received? City Clerk: No.
2. Are there less than 12 voters in the district? City Clerk: Yes
3. Has the property owner consented to the election? City Clerk: Yes.
4. Does the City Clerk concur with the holding of the election today? City Clerk: Yes.
The City Clerk counted the vote. Results: One vote of yes on Propositions A and B.
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MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Clay to adopt Draft Resolution D, making certain findings,
certifying the results of an election and adding property to
Community Facilities District No. 2005-1 (Public Services),
Annexation No. 5 (Dove Creek).
Motion passed 4:0 by a roll-call vote. (Resolution No. 2006-079)
Mayor O’Malley recessed the meeting at 9:06 p.m.
Mayor O’Malley called the meeting back to order at 9:12 p.m.
4. Adoption of New Fee Schedules
Fiscal Impact: There will be an estimated annual increase in operating
revenue of $80,000 from service charges and an estimated $1 million of
revenues for infrastructure improvements.
Recommendations: Council:
1. Adopt Draft Resolution A establishing a schedule of Fees and Charges
for City Services; and,
2. Adopt Draft Resolution B establishing a schedule of Development
Impact Fees. [Administrative Services]
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions of Council.
Eric Johnson, Revenue Cost Specialists, reviewed the Development Service Fee
Update study and the methodology for the Development Impact Fees.
Community Services Director Brady Cherry spoke about the Mid State Cruisers
concerns regarding the special event fee for the Lake Park.
PUBLIC COMMENT
Eric Greening raised several questions about circulation issues and applicability an d
asked if there is a way to address the total impacts of a project.
Maria Hooper, Main Street Board of Directors, commented that the Board received a
presentation from the city and had voted in favor of a full fee increase across the board.
Mayor O’Malley closed the Public Comment period.
There was Council discussion regarding delaying implementation of fees (with the
exception of fees related to emergency services) for commercial retail within the
downtown.
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MOTION: By Mayor O’Malley and seconded by Council Member Luna to
adopt Draft Resolution A establishing a schedule of Fees and
Charges for City Services; and, adopt Draft Resolution B
establishing a schedule of Development Impact Fees and
amending Section 4 of Draft Resolution B as follows:
Proceed with implementing the fee increases across the
board on everything outside of the downtown area. On the
downtown area fees related to emergency services (Police
and Fire) will be increased along with the other fees. All
other categories of fees related to the downtown will have a
delayed implementation until June 30, 2007 for retail
commercial. At June 30, 2007 retail commercial will go to a
rate equal with office.
And with the following addition to Draft Resolution B:
Whereas, the City Council desires to encourage
commercial retail development in the Atascadero
downtown area; and
Whereas, the Council finds that delaying the effective date
of the amended fees will encourage the revitalization,
commercial retail and public welfare of the downtow n area
of Atascadero and the City of Atascadero; and …
Motion passed 4:0 by a roll-call vote. (Item #B-4.1 Resolution
No. 2006-080, Item #B-4.2 Resolution No. 2066-081)
5. Ordinance to Implement Sales Tax Measure
Fiscal Impact: None.
Recommendation: Council introduce for first reading only, by title only, the
Draft Ordinance A relating to the sales tax measure to be considered by
the voters on November 7, 2006 and authorizing the State Board of
Equalization to administer the tax if approved by the voters. The
ordinance will not go into effect unless approved by the voters by a
majority vote. The operative date of the ordinance is April 1, 2007, with a
six year sunset provision. [City Attorney]
City Attorney Patrick Enright gave the staff report and answered questions of Council.
Mayor O’Malley commented that he cannot support a sales tax rate increase at this
time. He explained that though he sees the need for additional funding for essential
services, he believes staff has taken steps to reduce expenditures, increase revenues,
ensure efficient operation and made progress in addressing the backlog of city needs.
He thinks the city is in good financial shape and that subsequently there are more
options for the next two years which he would like the opportunity to explore.
Mayor Pro Tem Pacas stated that because the city’s financial situation has improved
she does not think this is an appropriate time to ask for the half-cent increase.
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Council Member Clay stated the city is behind in funding for roads, police and fire, and
questioned whether the city can catch up. He believes it is a good idea to give the
people the option of a sales tax increase.
Council Member Luna prefers to take a good look at the budget and find options for
funding the road issue.
PUBLIC COMMENT
Daphne Fahsing thanked the Mayor for his comments and read from a prepared
statement questioning how much of the taxpayers money would be used to educate the
public about this vote. (Exhibit F)
Eric Greening expressed support for the direction the Council was taking and asked that
a legislative platform be brought back for the Council to work with the League of Cities
to try to reverse the ratios so there is an incentive for cities and other local governments
to be specific about how they will spend their money.
Joan O’Keefe stated she was reluctant to support the sales tax increase because it is a
regressive tax and she doesn’t trust how the money will be used.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Pacas to adopt the Draft Resolution rescinding the submission
of the ballot measure.
Motion passed 4:0 by a roll-call vote. (Resolution No. 2006-082)
6. Confirming the Cost of Vegetative Growth and/or Refuse Abatement
Fiscal Impact: No direct fiscal impact.
Recommendation: Council adopt the Draft Resolution, confirming the cost
of vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire]
Fire Chief Kurt Stone gave the staff report and answered questions of Council.
PUBLIC COMMENT – None
MOTION: By Council Member Luna and seconded by Council Member
Clay to adopt the Draft Resolution, confirming the cost of
vegetative growth and/or refuse abatement.
Motion passed 4:0 by a roll-call vote. (Resolution No. 2006-083)
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C. MANAGEMENT REPORTS:
1. Consideration of Amendment to Resolution 2003-055 – Policy for
Rotation of Mayor and Mayor Pro Tem
Description: Adoption of Resolution would provide that every Council
Member would serve at least one-year on the Council prior to being
appointed Mayor.
Fiscal Impact: None.
Recommendation: Council adopt the Draft Resolution, amending the
method of implementing the system for Rotation of Mayor and Mayor Pro
Tem. [City Attorney]
City Attorney Patrick Enright gave the staff report.
PUBLIC COMMENT – None
MOTION: By Council Member Luna and seconded by Council Member
Clay to adopt the Draft Resolution, amending the method of
implementing the system for Rotation of Mayor and Mayor Pro
Tem.
Motion passed 4:0 by a roll-call vote. (Resolution No. 2006-084)
3. Lewis Avenue Bridge Project (City Bid No. 2006-006)
Fiscal Impact: Total estimated project expenditures of $5,408,871.
Recommendation: Council direct staff to re-bid the Lewis Ave Bridge
Project with recommended changes to the project bid package. [Public
Works]
Public Works Director Steve Kahn gave the staff report and , with Administrative
Services Director Rachelle Rickard, answered questions of Council.
PUBLIC COMMENT – None
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Clay to direct staff to re-bid the Lewis Ave Bridge Project with
recommended changes to the project bid package.
Motion passed 4:0 by a roll-call vote. (Bid No. 2006-014)
4. Atascadero Creek and Graves Creek / Creek Setback Options
Fiscal Impact: None.
Recommendations: Council direct staff to prepare a General Plan
Amendment and Zone Change establishing a 35-foot setback from the
Atascadero Creek and Graves Creek reservation boundaries. [Community
Development]
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Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Joan O’Keefe asked Council to support the staff recommendation and stated Eric
Greening and Ellen Beraud who had to leave the hearing asked her to report that they
also support staff’s recommendation.
Greg Carroll expressed his support for the 35-foot setback.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Clay and seconded by Mayor O’Malley to
direct staff to prepare a General Plan Amendment and Zone
Change establishing a 35-foot setback from the Atascadero
Creek and Graves Creek reservation boundaries , and with the
understanding that with special circumstances an applicant
can come and challenge the setback.
Motion passed 4:0 by a roll-call vote.
MOTION: By Council Member Luna and seconded by Council Member
Clay to go past 11:00 p.m.
Motion passed 3:1 by a roll-call vote. (Pacas opposed)
2. Stadium Park Public Planning Process Update
Fiscal Impact: To be determined in the Stadium Park “Issues and
Options” Report.
Recommendation: Council review the planning process to date, and
provide any direction as may be appropriate to staff. [Community
Services]
Community Services Director Brady Cherry gave the staff report and answered
questions of Council.
There was Council discussion regarding the importance of retaining the p rescriptive
easement for access to Stadium Park should there be a lot split.
There was Council consensus to have the City Attorney insure that the easement
remains in tact.
Council Member Luna referred to the Objectives on page 303 and stated that new
objectives, bullet point No. 5, “Capital improvements shall not impact the General Fund”
should go back in with the addition of the word “significantly.”
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PUBLIC COMMENT – None
D. COMMITTEE & LIAISON REPORTS:
None
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Manager
City Manager Wade McKinney stated the city is continuing to work with Cal Trans
on the property off of Highway 41, and indicated staff will bring an item back to
Council on the purchase of the Cal Trans property.
Community Development Director Warren Frace described a new type of
condominium to be used at the Dove Creek project.
PUBLIC COMMENT – None
There was Council consensus for staff to come back with moratorium
language for this type of condominium for the future.
F. ADJOURNMENT:
Mayor O’Malley adjourned the meeting at 11:27 p.m. to the next regularly scheduled
meeting of the City Council on September 12, 2006.
MINUTES PREPARED BY:
________________________
Grace Pucci, Deputy City Clerk
The following exhibits are available for review in the City Clerk’s office:
Exhibit A – Laurent Bernard, handout
Exhibit B – Doug Lewis, letter
Exhibit C – Daphne Fahsing, letter
Exhibit D – Doug Lewis, letter
Exhibit F – Daphne Fahsing, letter