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HomeMy WebLinkAboutMinutes 051005 Approved June 14,2005 � n min , 1918 1-97-9 CITY OF A TA SCA DERO CITY COUNCIL MINUTES Tuesday, May 10, 2005 700PM CLOSED SESSION 6 35 p m 1 PUBLIC COMMENT— CLOSED SESSION — None 2. CALL TO ORDER a) Conference with Labor Negotiator (Govt Code Sec. 54957 6) Agency Negotiators City Manager, Assistant City Manager Employee Organizations Department Heads, Mid- Management/Professional, Confidential, Atascadero Police Association, Atascadero Fire Fighters Bargaining Unit, Service Employees Intl Union Local 620 b) Conference with legal counsel (Govt. Code Sec 54956 9 (b) ) Significant exposure to litigation — one potential case 3. ADJOURN 7 13 p m 4. CLOSED SESSION REPORT City Attorney Patrick Enright announced that the City Council gave further direction to the labor negotiator and no reportable action was taken on Item # 2 b) REGULAR SESSION 7 00 P M Mayor Scalise called the meeting to order at 7 15 p m and Council Member Clay led the Pledge of Allegiance CC Minutes 05/10/05 Page 1 of 9 ROLL CALL. fir✓ Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise Absent. None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson and Deputy City Clerk Grace Pucci Staff Present- City Manager Wade McKinney, Administrative Services Director Rachelle Rickard, Community Services Director Brady Cherry, Public Works Director Steve Kahn, Community Development Director Warren Frace, Police Chief John Couch, Deputy Executive Director of Redevelopment Marty Tracy, Deputy Public Works Director Geoff English and City Attorney Patrick Enright. COMMUNITY FORUM Raymond Jansen spoke about citizenship and the importance of all citizens becoming acquainted with what government is doing in their name Joanne Main, Chamber of Commerce, announced that the annual Tuesday Evening in the Park barbecues will start June 14th and this year a season ticket will be available at the Chamber Office and at the June 14th barbecue Eric Greening announced that there will be a second round of TEA grants and one of the projects that may be eligible would be the Anza trail connection between Atascadero and Templeton Zonk Thompson expressed his concern with the Parks and Recreation Departmentyr, application process for use of city playing fields Barbie Butz invited everyone to Children's Day in the Park on May 21St from 10 00 to 200pm Joan O'Keefe announced that the Atascadero Native Tree Association would be participating in Children's Day in the Park. She asked about rumors that the Atascadero City Hall building might be sold to a private owner City Manager Wade McKinney stated that no Council or staff member has spoken him about selling the Veterans Memorial Building Katrin Colamarino, Executive Director of the San Luis Obispo County Arts Council, stated one of her missions is to help the north county be in the forefront of art. `ter CC Minutes 05/10/05 Page 2 of 9 Bill Artfel thanked the city staff for the new stop signs and speed limit signs on Tra'R�,� ,%w Way Mayor Scalise closed the Community Forum period. APPROVAL OF AGENDA. MOTION By Council Member Luna and seconded by Council Meru,-( rr Pacas to approve the agenda. Motion passed 5.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Pacas asked for clarification about an application for a second unit within the amnesty program (Exhibit A) in which the Fire Department is requesting a sprinkler system It is her understanding that Council intended this requirement to be for new construction There was Council consensus to bring this back before the City Council if this as the way staff thought this should be done. V, Council Member Clay pointed out that there is a need for a youth football field in Atascadero PRESENTATIONS 1 Proclamation declaring May 15, 2005 "Police Memorial Day" andIF week of May 15th — 21 st as "National Police Week" Mayor Pro Tem O'Malley read the proclamation and presented it to Police Chief John Couch 2. Presentation of service plaque to former Parks and Recreation Commissioner, Gail Kudlac. Mayor Scalise presented the service plaque to Gail Kudlac and spoke about her accomplishments Ms Kudlac thanked everyone for the recognition 3. Damage Assessment Report for City Hall presented by PhiefiCf, Associates. Stephanie Kingsmore, project architect for the City Hall repair renovation project, and Brent Nuttle, structural engineer, gave the report and answered questions of Council CC Minutes 05/10/05 Page 3 of 9 PUBLIC COMMENT Eric Greening questioned if there is any possibility of beginning the negotiations from a point of piles going onto bedrock being necessary for the security of the building Ms Kingsmore stated that this is what they are proposing Mayor Scalise closed the Public Comment period. A. CONSENT CALENDAR 1 City Council Meeting Minutes — March 22, 2005 ■ City Clerk Recommendation. Council approve the City Council minutes of March 22, 2005 [City Clerk] 2. City Council Meeting Minutes — April 12, 2005 ■ City Clerk Recommendation. Council approve the City Council minutes of April 12, 2005 [City Clerk] 3 Pavilion on the Lake Caterer Approval ■ Fiscal Impact: Revenue of $150/month rental fee, 16% of gross receipts W for all on-site cafe & catering sales and 8% of gross receipts for all off-site catering sales ■ Recommendation. Council approve a three-year contract with Pacific Harvest Catering, effective May 11, 2005 through June 30, 2008, for the Pavilion caterer & cafe [Community Services] 4 City Inspection Services ■ Fiscal Impact: None ■ Recommendation Council authorize the City Manager to enter into ongoing contracts for contract inspection services with firms on the "Inspection Services Qualified Firm List." [Public Works] 5 Atascadero Creek— Sanitary Sewer Inverted Siphon Replacement ■ Fiscal Impact. $408,700 00, wastewater fund ■ Recommendations. Council 1 Authorize the Administrative Services Director to transfer $133,29"", from the Wastewater Fund to the Public Works Department, Wastewater Division Capital Outlay Fund for the Atascadero Creek Sanitary Sewer Inverted Siphon Replacement project; and, 2 Authorize the City Manager to execute a contract with MGE Underground for $268,706 to construct the Atascadero Creek — Sanitary Sewer Inverted Siphon, and, 3 Authorize the City Manager to execute a change order for $26,871 o CC Minutes 05/10/05 Page 4 of 9 expand the existing contract with Cannon Associates for engineering support services for the Atascadero Creek — Sanitary Sewer Inverted Siphon Replacement project. [Public Works] MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Clay to approve Items #A-1, 2, 3, 4 and 5 Motion passed 5.0 by a roll-call vote. (Item #A-3 Contract No. 2005-011, Item #A-5 Contract No. 2005-012) B PUBLIC HEARINGS 1 Planned Development 15 Text Amendment: Zone Change 2005-0096 (City of Atascadero) ■ Fiscal Impact: The proposed zone text amendment will be revenue neutral to the City ■ Recommendation. Planning Commission Recommends Council introduce for first reading, by title only, draft Ordinance A approving Zone Text Change 2005-0096 based on findings [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT Ann Fletcher, Seperado Avenue resident, stated she was against allowing access for lot 30 from Seperado Linda Wargo, Seperado Avenue resident, asked how the tree mitigation would work for this lot. Director Frace explained the tree mitigation for this site Fred Dyste, Seperado Avenue resident, thanked staff and Council for seeing this through and expressed concern with further access onto Seperado for secondary units Director Frace stated that access for second units would not be possible Mayor Scalise closed the Public Comment period. MOTION By Council Member Luna and seconded by Council Member Clay to introduce for first reading, by title only, draft Ordinanv- A approving Zone Text Change 2005-0096 based on findings. Motion passed 5:0 by a roll-call vote. Mayor Scalise recessed the hearing at 8:30 p.m. CC Minutes 05/10/05 Page 5 of 9 Mayor Scalise called the meeting back to order at 8.37 p.m. C MANAGEMENT REPORTS 1 Sunken Gardens Improvement Prosect ■ Fiscal Impact: $1,238,940 00, Community Redevelopment Agency bon proceeds ■ Recommendations. Parks and Recreation Commission recommends Council approve the Sunken Gardens Improvement Project, deleting the diagonal walking paths and moving the Wood Nymphs from the Sunken Gardens until they can be repaired, or build a shelter to protect them from the elements City Staff recommends Council approve final design elements for the Sunken Gardens Improvement Project and approve staff calling for bids (This approval would include the diagonal paths and provide for on site protection of the Wood Nymphs during construction) [Public Works Department] Public Works Director Steve Kahn and Community Development Director Warren Frace gave the staff report and answered questions of Council �r..► PUBLIC COMMENT Joan O'Keefe spoke about the lack of public input for this project and reviewed Council agendas for the last year-and-a-half on which this item was placed. Katrin Colamarino expressed the SLO County Art Council's support for the City of Atascadero and its citizens in the restoration and protection of the Nymphs because o their historic value Eric Greening spoke of the importance of first preparing a master plan for the Sunken Gardens and raised the issue of potential damage to the Maidens with this design from heavy equipment and the weather Colby Dixon introduced Atascadero High School Students Nick Tringo, Patty Shelly and Shawn Summerville and stated that many students use the Sunken Gardens space because they can walk to it. They stated their concerns that the proposed internal sidewalks will cut down on the space available for recreational use Steve Martin, Atascadero Main Street, reviewed Main Street's involvement in the Sunken Gardens improvement process and stated their board supports the plan with the diagonal walkways 1,. CC Minutes 05/10/05 Page 6 of 9 Larry Putnam commended Council and staff for bringing this vision forward and stated it iz important to stay with it. Cheryl Machado, Atascadero Main Street Board, encouraged Council to vote in favor of this plan with the pedestrian walkways Tricia Williams, business owner in the Main Street district, stated her support for the original plan including the diagonal walkways Lon Allen stated his support for the plans to improve the sunken gardens, feels there has been good public input, and would like to see this get done Bob Wilkins, downtown business owner, expressed his support for this project and felt it will be an enhancement to the downtown Joanne Main, Chamber of Commerce, stated that public input has appeared to support retention of the diagonal walkways, and that the Chamber has discussed this project and is in support of it. Mary Chastain, Chamber of Commerce, expressed her support for the project and stated that the Sunken Gardens were never meant to be a sports arena. Maria Hooper stated she sees lots of people using the Sunken Gardens, that it is not necessary to improve it with sidewalks, etc , and that the money could be better spent elsewhere Julie Bennett stated she supports the diagonal walkways as they will encourage more foot traffic. Barbie Butz, Parks and Recreation Commissioner, explained that their recommendation came as a result of their concern about the cost of installing and maintaining the diagona9 walkways, and the protection of the Maidens Joan O'Keefe continued to speak regarding public input, the Parks and Recreation Commission's recommendation and of her concern that a completed plan is all the public has ever seen Nick Tringo stated he represents Atascadero youth and that they do not want to attack the entire plan, but are concerned that the diagonal pathways will detract from the main function of the Sunken Gardens which is community recreation. Eric Greening spoke about the difficulties that may result from relocating youth activities from the park, and questioned what physical steps would be taken to protect the Maidens during construction Mayor Scalise closed the Public Comment period. CC Minutes 05/10/05 Page 7 of 9 W Council Member Clay commented that the diagonal sidewalks have been spread wide enough apart that the center section can still be used for activities In addition he thought that there had been plenty of public comment. Council Member Luna stated he could not support the interior walkways as they are expensive, and he expressed disappointment that the Maidens will not be restored given the amount of money that is being spent. He would like the fountain to be fixed and made functional. Council Member Pacas stated she couldn't support the walkways through the middle, and would rather the money be used for the Maidens She expressed concern that this plan will take away something from the youth of the community Mayor Pro Tem O'Malley stated there have been efforts made to preserve the maidens, and he sees this as a balanced investment meeting the needs of the entire community MOTION By Mayor Pro Tem O'Malley and seconded by Council Member° Clay to approve final design elements for the Sunken Gardens Improvement Project and approve staff calling for bids. (This approval would include the diagonal paths and provide for on site protection of the Wood Nymphs during construction). Motion passed 3.2 by a roll-call vote. (Luna, Pacas opposed) D COMMITTEE & LIAISON REPORTS Mayor Pro Tem O'Malley 1 Finance Committee Has been meeting and reviewing the contract with the City Attorney and have recommended that the Committee continue to meet with the City Attorney on quarterly basis They also recommended going, ahead with a special project to help resolve preliminary questions about Colony Roads 2 Air Pollution Control District (APCD) May is "Clean Air Month " 3 Economic Vitality Corporation, Board of Directors (EVC) Annual event will be, held on May 27th at the Embassy Suites , 4 League of California Cities — Grassroots Network: Represented the city in Ojai and heard disturbing news on the state budget. Atascadero way, ' recognized for its work with inclusionary housing Council Member Pacas 1 Integrated Waste Management Authority (IWMA) Meets tomorrow at 12 30) p m , Cold Canyon Landfill Council Member Luna will be honored as a past member 1%W CC Minutes 05/10/05 Page 8 of 9 E. INDIVIDUAL DETERMINATION AND/OR ACTION City Manager City Manager Wade McKinney reported on the Highway 41 interchange projer-A. F ADJOURNMENT Mayor Scalise adjourned the meeting at 10 04 p m to the next regularly scheduled meeting of the City Council on May 24, 2005 MEETING RECORDED AND MINUTES PREPARED BY Grace Pucci, Deputy City Clerk The following exhibit is available for review in the City Clerk's office. Exhibit A—Second Unit Amnesty Permit �rrr CC Minutes 05/10/05 Page 9 of 9