HomeMy WebLinkAboutMinutes 060810 Approved June 22, 2010
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CITY OF A TA SCA DERO
CITY COUNCIL
ACTION MINUTES
Tuesday, June 8, 2010
6:00 P.M.
City Hall
Council Chambers
6907 El Camino Real, Atascadero, California
CITY COUNCIL REGULAR SESSION: 6:00 P.M.
Mayor Fonzi called the meeting to order at 6:00 p.m. and Council Member Clay led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O'Malley, Kelley, Beraud and Mayor Fonzi
Absent: None
Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Public Works Director Russ
Thompson, Community Services Director Brady Cherry, Police
Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian
Pierik.
CC Action Minutes of 06/08/10
Page 1 of 10
i
Approved June 22, 2010
APPROVAL OF AGENDA: Roll Call
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Beraud to approve the agenda.
Motion passed 5:0 by a roll-call vote.
A. CONSENT CALENDAR:
1. City Council Meetinq Draft Minutes — April 27, 2010
■ Recommendation: Council approve the Draft Meeting Minutes of April
27, 2010. [City Clerk]
2. 2010-2011 Annual Spending Limit
■ Fiscal Impact: None.
■ Recommendation: Council adopt the attached Draft Resolution
establishing the annual spending limit for fiscal year 2010-2011.
[Administrative Services]
3. April 2010 Accounts Payable and Payroll
■ Fiscal Impact: 1,747,416.85.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for April 2010. [Administrative
Services]
4. Purchase of Bus Shelters
■ Fiscal Impact: Funds for the purchase of these shelters have been
made available through the American Recovery and Reinvestment Act
(ARRA) and have been programmed through the San Luis Obispo
Council of Governments (SLOCOG). The cost of the shelters is
$53,957.85; total ARRA funds available for the Bus Stop Improvement
Project are $70,000.
■ Recommendation: Council approve the purchase of five pre-
manufactured bus shelters from Tolar Manufacturing using American
Recovery and Reinvestment Act (ARRA) grant funds in the amount of
$53,957.85. [Public Works]
5. Final Map 2009-0147 (Parcel Map AT 09-0015) 6575 Sycamore Road
(LLA 2009-0096) Atascadero Mutual Water Company
■ Fiscal Impact: None.
■ Recommendation: Council:
1. Adopt and Approve Final Parcel Map 2009-0147 (Parcel Map AT 09-
0015) and reject without prejudice to future acceptance on behalf of
the public, the Public Streets and Pedestrian Access Easement; and,
2. Authorize and Direct the City Clerk to Endorse the Map with the City
Council's Approval; and,
3. Authorize the City Manager to sign a Drainage Release Agreement
associated with Parcel Map ATAL (09-00015, Parcel 3). [Public
Works]
CC Action Minutes of 06/08/10
Page 2 of 10
Approved June 22, 2010
City Manager Wade McKinney announced a correction to the Resolution in Item #A-2.
The Percentage Change should be -1.69%.
MOTION: By Council Member Clay and seconded by Council Member
Beraud to approve the Consent Calendar, as amended.
Motion passed 5.0 by a roll-call vote. (#A-2: Resolution No.
2010-039, #A-5: Contract No. 2010-013)
UPDATES FROM THE CITY MANAGER:
City Manager Wade McKinney gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Pastor Steve Shivley, Kevin
Campian-George Beattie Memorial Skate Park, Chuck Ward, Jim Wilkins-President of
the Atascadero Historical Society, Elana Reynolds.
Mayor Fonzi closed the COMMUNITY FORUM period.
There was Council consensus to have Staff
look into the creation of a sign for the Skate Park.
B. PUBLIC HEARINGS:
1. Apple Valley Assessment Districts
■ Ex Parte Communications
■ Fiscal Impact: Annual assessments for 2010/2011 will total $38,430 for
road/drainage system maintenance and $22,120 for landscape and
lighting maintenance. These amounts will be assessed to the owners of
parcels in Apple Valley.
■ Recommendations: Council:
1. Adopt Draft Resolution A approving the final Engineer's Report
regarding the Street and Storm Drain Maintenance District No. 01 —
Apple Valley, and the levy and collection of annual assessments
related thereto for fiscal year 2010/2011; and,
2. Adopt Draft Resolution B ordering the levy and collection of
assessments for fiscal year 2010/2011 for Street and Storm Drain
Maintenance District No. 01 —Apple Valley; and,
3. Adopt Draft Resolution C approving the final Engineer's Report
regarding the Landscaping and Lighting District No. 01 — Apple
Valley, and the levy and collection of annual assessments related
thereto in fiscal year 2010/2011; and,
CC Action Minutes of 06/08/10
Page 3 of 10
Approved June 22, 2010
4. Adopt Draft Resolution D ordering the levy and collection of
assessments for fiscal year 2010/2011 for Landscaping and Lighting
District No. 01 —Apple Valley. [Administrative Services]
Ex Parte Communications: None
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
MOTION: By Council Member Beraud and seconded by Mayor Pro Tem
O'Malley to:
1. Adopt Draft Resolution A approving the final Engineer's
Report regarding the Street and Storm Drain Maintenance
District No. 01 — Apple Valley, and the levy and collection of
annual assessments related thereto for fiscal year
2010/2011; and,
2. Adopt Draft Resolution B ordering the levy and collection
of assessments for fiscal year 2010/2011 for Street and
Storm Drain Maintenance District No. 01 — Apple Valley;
and,
3. Adopt Draft Resolution C approving the final Engineer's
Report regarding the Landscaping and Lighting District No.
01 — Apple Valley, and the levy and collection of annual
assessments related thereto in fiscal year 2010/2011; and,
4. Adopt Draft Resolution D ordering the levy and collection
of assessments for fiscal year 2010/2011 for Landscaping
and Lighting District No. 01 — Apple Valley.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2010-
040, 041, 042, & 043)
2. De Anza Estates Assessment Districts
■ Ex Parte Communications
■ Fiscal Impact: Annual assessments for 2010/2011 will total $50,224 for
road/drainage system maintenance and $17,458 for landscape and
lighting maintenance. These amounts will be assessed to the owners of
parcels in De Anza Estates. The City General Fund will contribute $710
for the fiscal year 2010/2011 for half of the maintenance costs of the
trails.
■ Recommendations: Council:
1. Adopt Draft Resolution A approving the final Engineer's Report
regarding the Street and Storm Drain Maintenance District No. 03 —
De Anza Estates, and the levy and collection of annual assessments
related thereto for fiscal year 2010/2011.
2. Adopt Draft Resolution B ordering the levy and collection of
assessments for fiscal year 2010/2011 for Street and Storm Drain
Maintenance District No. 03 — De Anza Estates.
CC Action Minutes of 06/08/10
Page 4 of 10
Approved June 22, 2010
3. Adopt Draft Resolution C approving the final Engineer's Report
regarding the Landscaping and Lighting District No. 03 — De Anza
Estates, and the levy and collection of annual assessments related
thereto in fiscal year 2010/2011.
4. Adopt Draft Resolution D ordering the levy and collection of
assessments for fiscal year 2010/2011 for Landscaping and Lighting
District No. 03— De Anza Estates. [Administrative Services]
Ex Parte Communications: None
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
MOTION: By Council Member Beraud and seconded by Council Member
Kelley to:
1. Adopt Draft Resolution A approving the final Engineer's
Report regarding the Street and Storm Drain Maintenance
District No. 03 — De Anza Estates, and the levy and
collection of annual assessments related thereto for fiscal
year 2010/2011.
2. Adopt Draft Resolution B ordering the levy and collection
of assessments for fiscal year 2010/2011 for Street and
Storm Drain Maintenance District No. 03 — De Anza Estates.
3. Adopt Draft Resolution C approving the final Engineer's
Report regarding the Landscaping and Lighting District No.
03 — De Anza Estates, and the levy and collection of annual
assessments related thereto in fiscal year 2010/2011.
4. Adopt Draft Resolution D ordering the levy and collection
of assessments for fiscal year 2010/2011 for Landscaping
and Lighting District No. 03 — De Anza Estates.
Motion passed 5.0 by a roll-call vote. (Resolution No: 2010-
044, 045, 046, & 047)
3. Woodridge (Las Lomas) Assessment Districts
■ Ex Parte Communications
■ Fiscal Impact: Annual assessments for 2010/2011 will total $23,639 for
road/drainage system maintenance and $49,826 for landscape and
lighting maintenance. These amounts will be assessed to the owners of
parcels in Woodridge.
■ Recommendations: Council:
1. Adopt Draft Resolution A approving the final Engineer's Report
regarding the Street and Storm Drain Maintenance District No. 02 —
Woodridge (Las Lomas), and the levy and collection of annual
assessments related thereto for fiscal year 2010/2011.
2. Adopt Draft Resolution B ordering the levy and collection of
assessments for fiscal year 2010/2011 for Street and Storm Drain
Maintenance District No. 02 —Woodridge (Las Lomas).
CC Action Minutes of 06/08/10
Page 5 of 10
Approved June 22, 2010
3. Adopt Draft Resolution C approving the final Engineer's Report
regarding the Landscaping and Lighting District No. 02 — Woodridge
(Las Lomas), and the levy and collection of annual assessments
related thereto in fiscal year 2010/2011.
4. Adopt Draft Resolution D ordering the levy and collection of
assessments for fiscal year 2010/2011 for Landscaping and Lighting
District No. 02 —Woodridge (Las Lomas). [Administrative Services]
Ex Parte Communications: None
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
MOTION: By Council Member Beraud and seconded by Council Member
Kelley to:
1. Adopt Draft Resolution A approving the final Engineer's
Report regarding the Street and Storm Drain Maintenance
District No. 02 — Woodridge (Las Lomas), and the levy and
collection of annual assessments related thereto for fiscal
year 2010/2011.
2. Adopt Draft Resolution B ordering the levy and collection
of assessments for fiscal year 2010/2011 for Street and
Storm Drain Maintenance District No. 02 — Woodridge (Las
Lomas).
3. Adopt Draft Resolution C approving the final Engineer's
Report regarding the Landscaping and Lighting District No.
02 — Woodridge (Las Lomas), and the levy and collection of
annual assessments related thereto in fiscal year
2010/2011.
4. Adopt Draft Resolution D ordering the levy and collection
of assessments for fiscal year 2010/2011 for Landscaping
and Lighting District No. 02—Woodridge (Las Lomas).
Motion passed 5:0 by a roll-call vote. (Resolution No. 2010-
048, 049, 050,
010-
048, 049, 050, & 051)
4. Title 8 Building Code Text Amendment — Dormant Building Permit
Applications Time Extensions Program Follow-up Report — Phase III
Option
■ Ex Parte Communications
■ Fiscal Impact: It is likely that between 25%-50% of the $374,000 in
outstanding plan check fees will be collected with the Phase III extension
program.
■ Recommendations: City Council introduce for first reading by title only,
Draft Ordinance A to create a Phase III Dormant Building Permit
Application program consistent with staff's recommendations.
[Community Development]
CC Action Minutes of 06/08/10
Page 6 of 10
Approved June 22, 2010
Community Development Director Warren Frace gave the staff report and answered
questions from the Council.
PUBLIC COMMENT:
The following citizen spoke on this item: Grant Robbins-Representative of Dove Creek
property owner.
Mayor Fonzi closed the Public Comment period.
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Clay to introduce for first reading by title only, Draft Ordinance
A to create a Phase III Dormant Building Permit Application
program consistent with staff's recommendations, with the
following amendment: The existing Phase I program will be
extended to 12 months.
Motion passed 5.0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Project Update (Not a Public Hearing) PLN 2009-1341 CUP 2009-0244 /
RAB 2010-0019 - Conditional Use Permit for a 10 Screen Movie Theater
/ Retail / Restaurant building - Request to Summarily Vacate a Portion
of Atascadero Mall Ave. and El Camino Real - 6320 - 6490 El Camino
Real (Hoff/Wysong)
• Fiscal Impact: No fiscal impact, informational item.
■ Recommendation: City Council receive and file this project update
report. [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
There was Council consensus to direct staff to
include Main Street in the parking review.
Mayor Fonzi asked for a copy of the 2006 parking study.
MOTION: By Council Member Kelley and seconded by Mayor Pro Tem
O'Malley to receive and file the report.
Motion passed 5:0 by a roll-call vote.
CC Action Minutes of 06/08/10
Page 7 of 10
Approved June 22, 2010
2. Resolution Supporting the Protection of Whales by Opposinq the
Resumption of Commercial Whaling as Proposed by the International
Whaling Commission
■ Fiscal Impact: None.
■ Recommendation: Council adopt the Draft Resolution supporting the
protection of whales and opposing the resumption of commercial whaling
and ten-year quotas for gray whales as propose by the International
Whaling Commission. [City Manager]
City Manager Wade McKinney gave the staff report and answered questions from the
Council.
Council Member Beraud submitted petitions signed by high school students (future
voters) with 111 signatures supporting the resolution before the Council tonight. (Exhibit
A)
PUBLIC COMMENT:
The following citizens spoke on this item: Marty Brown, David Broadwater, Thomas
McGee, Richard Smith, Mandy Davis.
Mayor Fonzi closed the Public Comment period.
Council Member Clay stated that there are many causes out there, and he does not feel
the City should be supporting causes that do not affect Atascadero.
MOTION: By Council Member Beraud and seconded by Mayor Pro Tem
O'Malley to adopt the Draft Resolution supporting the
protection of whales and opposing the resumption of
commercial whaling and ten-year quotas for gray whales as
propose by the International Whaling Commission.
Motion passed 4:1 by a roll-call vote. (Clay opposed)
(Resolution No. 2010-052)
3. General Municipal Election - November 2, 2010
■ Description: The City Council must adopt resolutions to initiate the
election process and to combine Atascadero's election with the County.
■ Fiscal Impact: The cost to the City for an election in November 2010 is
determined by the number of registered voters on Election Day and the
number of Candidate Statements included in the Voter Pamphlet. The
City Clerk's estimate is $18,000.00 with an additional $2,000.00 for the
ballot measure.
• Recommendations: Council adopt:
1. Draft Resolution A, calling for the holding of a General Municipal
Election to be held on Tuesday, November 2, 2010 for the election of
certain officers as required by the provisions of the laws of the State
of California relating to General Law cities, and for the submission to
the voters questions relating to the election of Mayor; and,
CC Action Minutes of 06/08/10
Page 8 of 10
Approved June 22, 2010
2. Draft Resolution B, requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal
election to be held on November 2, 2010 with the Statewide General
Election to be held on the date pursuant to § 10403 of the Elections
Code; and,
3. Draft Resolution C, setting priorities for filing written arguments
regarding the City measure and directing the City Attorney to prepare
an impartial analysis; and,
4. Draft Resolution D, providing for the filing of rebuttal arguments for
City measures submitted at Municipal Elections. [City Clerk]
City Clerk Marcia McClure Torgerson gave the staff report and answered questions
from the Council.
PUBLIC COMMENT: None
MOTION: By Mayor Fonzi and seconded by Council Member Clay to:
1. Draft Resolution A, calling for the holding of a General
Municipal Election to be held on Tuesday, November 2,
2010 for the election of certain officers as required by the
provisions of the laws of the State of California relating to
General Law cities, and for the submission to the voters
questions relating to the election of Mayor; and,
2. Draft Resolution B, requesting the Board of Supervisors of
the County of San Luis Obispo to consolidate a General
Municipal election to be held on November 2, 2010 with the
Statewide General Election to be held on the date pursuant
to § 10403 of the Elections Code; and,
3. Draft Resolution C, setting priorities for filing written
arguments regarding the City measure and directing the
City Attorney to prepare an impartial analysis; and,
4. Draft Resolution D, providing for the filing of rebuttal
arguments for City measures submitted at Municipal
Elections.
Motion passed 3.2 by a roll-call vote. (Beraud & Kelley
opposed) (Resolution No. 2010-053, 054, 055, & 056)
4. Potential Municipal Code Revisions -- Issues and Options -- PLN 2010-
1364 (City of Atascadero)
■ Fiscal Impact: Minor fiscal impact to City. The proposed code text
amendment will be prepared by City staff. Code text amendments that
encourage economic development will create a positive fiscal impact to
the City.
■ Recommendation: Council provide general direction to staff for
preparation of a draft Municipal Code amendment. [Community
Development]
Community Development Director Warren Frace gave the staff report and answered
questions from the Council.
CC Action Minutes of 06/08/10
Page 9 of 10
Approved June 22, 2010
PUBLIC COMMENT: None
The Council sorted through the 16 potential Code amendments listed in the staff
report and divided them into 3 tiers: 1, 11 and Ill.
Tier 1. #1, 3, 5, 9, 10, 11, 12, 15
Tier ll: #2, 4, 8
Tier Ill. #6, 7, 14, 16
COUNCIL ANNOUNCEMENTS AND REPORTS: None
D. COMMITTEE REPORTS: None
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Clerk
a. Modified Format for City Council and Commission Minutes
i. The Council and Commissions will have Action Minutes from now
on. With the advancement of technology, such as the videotaping
of meetings, and the economic constraints on the City, Action
Minutes will be adequate and meet all legal requirements and will
create less of an impact on staff.
b. The Nuts and Bolts of Running for an Elected Office
i. Notification of an upcoming workshop for potential candidates.
F. ADJOURNMENT:
Mayor Fonzi adjourned the meeting at 9:35 p.m.
~•MINUTES,PREPARED BY:
Marcia MbClure Torgerson, C.M.C.
6tv Clark/.-As_sistant to the City Manager
The ollowing exhibit is available for review in the City Clerk's office:
Exhibit A— Petition submitted by Council Member Beraud concerning the Whaling Resolution.
CC Action Minutes of 06/08/10
Page 10 of 10