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Home My WebLink AboutMinutes 061405 Approved August 9,2005 119-79 CITY OF ATASCADERO CITY COUNCIL MINUTES Tuesday, June 14, 2005 700PM. CLOSED SESSION 6 35 p.m (Immediately Following Redevelopment Agency Meeting) 1 PUBLIC COMMENT— CLOSED SESSION 1%W Eric Greening stated that the access to Stadium Park is good and shouldn't be changed 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- Manage ment/Professional, Confidential, Atascadero Police Association, Atascadero Fire Fighters Bargaining Unit, Service Employees Intl Union Local 620 b) Conference with legal counsel — anticipated litigation — access to Stadium Park Significant exposure to litigation pursuant to Govt. Code Sec 54956 9 (b) 3. ADJOURN 7 16 p m 4 CLOSED SESSION REPORT City Attorney Patrick Enright announced that there was no reportable action was taken CC Minutes 06/14/05 Page 1 of 12 Approved August 9,2005 REGULAR SESSION 7 00 P M. Mayor Scalise called the meeting to order at 7 18 p m and Council Member Pacas led the Pledge of Allegiance ROLL CALL Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise 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, Fire Chief Kurt Stone, Police Lt. John Hough, Deputy Executive Director of Redevelopment Marty Tracey, Deputy Public Works Director Geoff English, and City Attorney Patrick Enright. V,„ COMMUNITY FORUM Pastor Tom Farrell, Atascadero Bible Church, led those present in prayer Mayor Scalise closed the Community Forum period. APPROVAL OF AGENDA. MOTION By Council Member Luna and seconded by Council Member Clay to approve the agenda. Motion passed 5.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Luna reported on Clean-Up Day held on April 30th, and thanked Atascadero Waste Management for sponsoring the program Council Member Clay spoke about the Car Crushing program held several years ago, and stated he would be in favor of holding it again CC Minutes 06/14/05 Page 2 of 12 Approved August 9,2005 PRESENTATIONS 1 Presentation of service plaque to former Planning Commissioner, Tim Peterson Mayor Scalise thanked Mr Peterson for his service on the Planning Commission and Mayor Pro Tem O'Malley presented him with a plaque Mr Peterson thanked the Council for the plaque and spoke about his time on the Commission A. CONSENT CALENDAR 1 City Council Meeting Minutes — May 10, 2005 ■ City Clerk Recommendation. Council approve the City Council meeting minutes of May 10, 2005 [City Clerk] 2. Sewer Extension Reimbursement Agreements (Rossi/Candiff) ■ 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 authorize the City Manager to execute the two Sewer Extension Reimbursement Agreements with Mr Rossi and Mr Candiff [Public Works] 3. Atascadero Lake Water Quality / Purchase of a Solar Powered Water Circulator ■ Fiscal Impact: Expenditure of $45,000 00 in previously allocated Parkland Facility Fees for this purchase ■ Recommendation Council authorize the City Manager to purchase a solar powered water circulator in the amount of $45,000 00 to help reduce the frequency and size of the algae blooms and fish die-offs at Atascadero Lake [Public Works] 4 Community Development Block Grant (CDBG) Program / Fiscal -(ears 2006 - 2008 ■ Fiscal Impact: Continued availability of approximately $200,000 annually during the next 3 years for CDBG eligible programs ■ Recommendation. Council adopt the attached Draft Resolution approving a cooperative agreement with the County of San Luis Obispo for participation in the Community Development Block Grant Program for Fiscal Years 2006 - 2008 [Public Works] 5 Temporary Road Closure/San Marcos Road ■ Fiscal Impact: None ■ Recommendation Council approve the request for the temporary closure of San Marcos Road [Public Works] CC Minutes 06/14/05 Page 3 of 12 Approved August 9,2005 ,*MW 6. Garcia Road Bridge Prosect Award (Bid 2005-004) ■ Fiscal Impact. Engineer's Estimate is $999,854 38 ■ Recommendation Council review staff report and authorize the City Manager to execute a contract with the successful lowest bidder on this project. [Public Works] 7 Final Map 2004-0089 (Tract 2562) 5680 Rosario (TTM 2003-0038) Madru a ■ Fiscal Impact: None ■ Recommendations Council 1 Accept Final Parcel Map 2004-0089 (Tract 2562), and, 2 Reject, without prejudice to future acceptance, the offer of dedication for Public Utility Easement; and, 3 Authorize City Manager to execute a Subdivision Improvement Agreement. [Public Works] 8. Temporary City Hall Interior Improvement Project — Electrical, Plumbing and Mechanical (Bid No. 2005-011, 2005-012, 2005-013) ■ Fiscal Impact: $925,221 60 ■ Recommendations Council 1 Authorize the City Manager to execute a contract with Wysong Construction Company in the amount of $520,920 00 for the electrical interior improvements, and, 2 Authorize the City Manager to execute a contract with Wysong Construction Company in the amount of $109,200 00 for the plumbing interior improvements, and, 3 Authorize the City Manager to execute a contract with Santa Margarita Construction Corporation in the amount of $140,898 00 for the mechanical interior improvements, and, 4 Authorize the Director of Administrative Services to allocate $925,221 60 toward the completion of the Interior Improvements Project. [Public Works] MOTION By Council Member Luna and seconded by Mayor Pro Tem O'Malley to approve Items #A-1, 2, 3, 4, 5, 6, 7 and 8 Motion passed 5.0 by a roll-call vote. (Pacas abstained on Item #A-8) (Item #A-2 Contracts Nos. 2005-018, 2005-019, Item #A-4 Resolution No. 2005-053, Item #A-6 Contract No. 2005-020, Item #A-7 Contract No. 2005-021, Item #A-8 Contract Nos. 2005-022, 2005-023, 2005,024) CC Minutes 06/14/05 Page 4 of 12 Approved August 9,2005 B PUBLIC HEARINGS 1 Downtown Parking and Business Improvement Area (FY 2005-2006) / Confirmation of Annual Assessment ■ Fiscal Impact: Downtown Parking and Business Improvement District revenue of approximately $10,500 for fiscal year 2005-2006 ■ Recommendation Council adopt the Draft Resolution confirming annual assessment for Downtown Parking & Business Improvement Area (Fiscal Year 2005-2006) [City Manager] City Manager Wade McKinney gave the staff report. PUBLIC COMMENT Steve Martin, Executive Director Atascadero Main Street, reported on the way Main Street has managed to leverage the City's support over the last year Mayor Scalise closed the Public Comment period. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Luna to adopt the Draft Resolution confirming annual assessment for Downtown Parking and Business Improvement „r„ Area (Fiscal Year 2005-2006). Motion passed 5.0 by a roll-call vote. (Resolution No. 2005-054) 2. Title 8 Building Regulations Update / 2004 California Electrical Code Adoption with Minor Modifications ■ Fiscal Impact- None ■ Recommendation Council introduce for first reading, by title only, Draft Ordinance A, approving amendments to Title 8 of the Atascadero Municipal Code pertaining to Building Regulations This action would adopt the latest Electrical Code, modify requirements in high fire hazard construction, clarify soils requirements and provide minor clean up language [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT— None MOTION By Council Member Luna and seconded by Mayor Pro Tem O'Malley to introduce for first reading, by title only, Draft Ordinance A, approving amendments to Title 8 of the **W Atascadero Municipal Code pertaining to Building CC Minutes 06/14/05 Page 5 of 12 Approved August 9,2005 Regulations This action would adopt the latest Electrical lw,,,. Code, modify requirements in high fire hazard construction, clarify soils requirements and provide minor clean up language. Motion passed 5.0 by a roll-call vote. 3 Placing Sewer Service Charges on the 2005-06 Property Tax Rolls ■ Fiscal Impact: The City will bill $1,558,301 20 in sanitation service charges for Fiscal Year 2005-06 ■ Recommendation Council adopt the Draft Resolution adding service charges to the 2005-06 property tax rolls [Public Works] Public Works Director Steve Kahn gave the staff report. PUBLIC COMMENT— None MOTION By Council Member Luna and seconded by Council Member Clay to adopt the Draft Resolution adding service charges to the 2005-06 property tax rolls. Motion passed 5.0 by a roll-call vote. (Resolution No. 2005-055) C MANAGEMENT 1 Local Road Improvement Loan Program ■ Fiscal Impact: The City will deposit up to $500,000 to secure loans for road improvements Interest on the deposit will be based on the prevailing rate for 10-year certificates of deposit and will be paid semi-annually There is a slight financial risk if residents enrolled in the program default on their loans ■ Recommendations Council 1 Direct staff to move forward with the Local Road Improvement Loan Program and authorize the City Manager to enter into a two-year agreement with Santa Lucia Bank instituting the program and to sign all other financial agreements required for the program, and, 2 Authorize the Administrative Services Director to deposit up to $500,000 in the form of negotiated certificates of deposit to be used as collateral for the loan program [City Manager] Mayor Scalise stepped down from consideration of this item as the road she lives on will be using this program Assistant City Manager Jim Lewis gave the staff report and answered questions of Council yirr CC Minutes 06/14/05 Page 6 of 12 Approved August 9,2005 PUBLIC COMMENT J P Patel asked how neighborhoods who could not afford to participate in this program would benefit. Mayor Pro Tem O'Malley closed the Public Comment period. MOTION By Council Member Pacas and seconded by Council Member Clay to Direct staff to move forward with the Local Road Improvement Loan Program and authorize the City Manager to enter into a two-year agreement with Santa Lucia Bank instituting the program and to sign all other financial agreements required for the program, and, authorize the Administrative Services Director to deposit up to $500,000 in the form of negotiated certificates of deposit to be used as collateral for the loan program Motion passed 4.0 by a roll-call vote. (Contract No. 2005-025) Mayor Scalise rejoined the meeting 2. Community Survey on Local Taxes and Assessments ■ Fiscal Impact: $10,000 00 initially with a potential $45,000 00 additional cost. ■ Recommendations Council 1 Direct staff to research levels of support through community polling for an increase in the local sales tax rate, and, 2 Appropriate $10,000 from the General Fund Reserve, to hire the Lew Edwards Group, a public opinion and research consulting firm, to assist in identifying key issues, problems, and opportunities unique to the City and to evaluate survey results for levels of support and voter trends [City Manager] City Manager Wade McKinney gave the staff report and answered questions of Council PUBLIC COMMENT Jim Patterson, San Luis Obispo County 5th District Supervisor, informed Council there is interest county-wide in looking at alternative methods of raising revenue Sandy Jack asked several questions about the survey including the nature and content of the survey, how it was developed, how survey respondents would be selected, and the sample size CC Minutes 06/14/05 Page 7 of 12 " Approved August 9,2005 Eric Greening stated he was skeptical about spending money on this survey at this time, •► especially without the details of the ballot measure Mayor Scalise closed the Public Comment period. Council Member Luna stated he supports getting public input on this item, but that it is wrong to do it in the context of "what will you pay for" He indicated he would not support this, and suggested that there are better uses for this money in Atascadero Council Member Pacas suggested that if the City is thinking about increasing the sales tax, she would support Council Member Luna's suggestion of saving the $35,000 at this time and putting it toward educating the public later on MOTION By Mayor Pro Tem O'Malley and seconded by Mayor Scalise to Direct staff to research levels of support through community polling for an increase in the local sales tax rate, and, appropriate $10,000 from the General Fund Reserve, to hire the Lew Edwards Group, a public opinion and research consulting firm, to assist in identifying key issues, problems, and opportunities unique to the City and to evaluate survey results for levels of support and voter trends. Motion passed 3:2 by a roll-call vote. (Luna, Pacas opposed) 3. SMARA Compliance Report 2005 / Millhollin Mine (CUP 96003) ■ Fiscal Impact: None ■ Recommendations Council 1 Direct staff to prepare and execute a formal agreement that would allow stockpiling of materials in the southern portion of Phase 2, and, 2 Request the operator provide an updated restoration cost estimate for staff's review Upon staff's approval of the estimate, a new financial assurance bond would be required to be posted [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT Jim Brenton expressed concern regarding the recommendations and phasing in the staff report. He suggested leaving the memorandum agreement as it is Mayor Scalise closed the Public Comment period. MOTION By Council Member Luna and seconded by Mayor Pro Tem O'Malley to Direct staff to prepare and execute a formal CC Minutes 06/14/05 Page 8 of 12 Approved August 9,2005 agreement that would allow stockpiling of materials in the .r southern portion of Phase 2, and, request the operator provide an updated restoration cost estimate for staff's review Upon staff's approval of the estimate, a new financial assurance bond would be required to be posted Motion passed 5.0 by a roll-call vote. (Contract No. 2005-026) 4 Inclusionary Housing Policy/ Discussion of Program Options ■ Fiscal Impact: None ■ Recommendations Council provide staff with direction on how to proceed with potential modifications to the City's inclusionary housing program [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council Council comments were as follows Mayor Pro Tem O'Malley 1 Concerned about the State requirement. 2 Good to direct resources toward lower income 3 Must be more proactive toward lower income housing, and perhaps partnering with `err some private groups 4 Important to not loose single family housing stock without a plan for getting the multi-family units in place 5 Is there a way to include an inflation factor? Council Member Clay 1 Important to involve Jerry Bunin of the Builders Association in whatever is done 2 In favor of improving the policy if that is possible 3 Not for this entirely but willing to look at improving our present inclusionary housing set up Council Member Luna 1 Concerned about the staff time necessary to implement the policy and that it may build a bigger bureaucracy 2 Does not want to lose these affordable units when only two years into the program Council Member Pacas. 1 Concerned with early opt out program and losing these affordable homes 2 It is premature this early on to make this change 3 There is the potential to replace built existing affordable units with no guarantee that affordable units will be built to replace them 4 Converts moderately priced homes into funding for low income housing when moderately priced homes were one of the city's greatest needs CC Minutes 06/14/05 Page 9 of 12 Approved August 9,2005 5 Doesn't recoup density bonuses from developers 6 This will increase developing low income projects, while the current program insures an integration of housing Mayor Scalise 1 Must achieve goals of home ownership with very few changes in bureaucracy levels 2 In favor of continuing the public/private partnerships PUBLIC COMMENT Ellen Beraud, Planning Commissioner, raised several issues 1) potential loss of housing stock, 2) need for incentive for local homeowners to stay in units, 3) loss of affordable housing, and 4) including a method to cover administrative costs for staff time in any equity sharing program Vera Wallen, League of Women Voters of SLO County, complimented Atascadero as a model in the housing area, and explained the League's local workforce housing position and its goals Jerry Bunin, Government Affairs Director for Builders Association, explained why the Association doesn't think inclusionary housing is effective *#AW Reed Harris, Midland Pacific Homes, explained the problems with this program that they as developers see Robert Fonzi, Planning Commissioner, explained why it is premature at this point to revise the program She suggested further study to look at issues like down payment assistance and rethinking Atascadero's density Jim Patterson, 5th District Supervisor, raised several points 1) must be careful about doing away with the affordable housing that has been created, 2) the importance of mixed housing and staying away from project type developments, 3) density, 4) establishment of a housing authority, and 5) creating a mechanism for shared equity Anthony Hopper asked about the incomes levels necessary to qualify for the moderate, low and very low income categories Mayor Scalise closed the Public Comment period. MOTION By Mayor Scalise and seconded by Mayor Pro Tem O'Malley to have staff come back at a date soon with some analysis based on what has been said tonight on how we can look at doing an equity share and providing a private sector partnership. Staff is to utilize all expertise available including information from lenders, and any quantifiable information that assesses the CC Minutes 06/14/05 Page 10 of 12 Approved August 9,2005 i problem would be included This is to come back in a form allowing the Council to take action if they wanted to do so Motion failed 2 3 by a roll-call vote. (Clay, Pacas, Luna opposed) Council Members Clay and Luna stated they could support the motion if it comes back as an informational item only MOTION By Mayor Scalise and seconded by Council Member Clay to have staff come back at a date soon with some analysis based on what has been said tonight on how we can look at doing an equity share and providing a private sector partnership Staff is to utilize all expertise available including information from lenders and any quantifiable information that assesses the problem would be included. This is to come back as an informational item only Motion passed 5.0 by a voice vote. D COMMITTEE & LIAISON REPORTS Council Member Clay 1 North County Water Purveyors Group Paso Robles water basin final study presented, there is good water for quite a while but will need Nacimiento water eventually Council Member Luna 1 SLO Council of Governments (SLOCOG) / S L.O Regional Transit Authority (SLORTA) Atascadero/SLO commuter spends $380/year driving to San Luis Obispo if driving alone while a monthly bus pass is only $30 Regarding Proposition 42, the legislature is strongly supportive E. INDIVIDUAL DETERMINATION AND/OR ACTION _ City Manager City Manager Wade McKinney informed Council that the Channel Counties Division meeting is scheduled for August 26t", which is the same date as the Strategic Planning Session There was Council consensus to reschedule the two-day Strategic Planning Session The color palette and architects drawing for the Youth Center was shown to Council CC Minutes 06/14/05 Page 11 of 12 Approved August 9,2005 F ADJOURNMENT Mayor Scalise adjourned the meeting at 10 26 p m to the next regularly scheduled meeting of the City Council on June 28, 2005 MEETING RECORDED AND MINUTES PREPARED BY ( ,!A,�zz Grace Pucci, Deputy City Clerk CC Minutes 06/14/05 Page 12 of 12