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Home My WebLink AboutMinutes 080905 Approved September 13, 2005 CITY OF ATASCADERO CITY COUNCIL MINUTES Tuesday, August 9, 2005 700PM REGULAR SESSION 7 00 P M Mayor Scalise called the meeting to order at 7 04 p m and Council Member Pacas led the Pledge of Allegiance ROLL CALL. *1Vw"" Present: Council Members Pacas, O'Malley and Mayor Scalise Absent: Council Members Clay and Luna Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Community Development Director Warren Frace, Public Works Director Steve Kahn, Police Chief John Couch, Fire Chief Kurt Stone, Accounting Specialist Jeri Knott, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris, Deputy Executive Director of Redevelopment Marty Tracey, Associate Planner Kelly Gleason and City Attorney Patrick Enright COMMUNITY FORUM Pastor Tom Gaddis led those present in prayer Ann Ketcherside spoke about several issues affecting children in the community and of a conflict of interest she thinks is occurring in Atascadero CC Minutes 08/09/05 Page 1 of 13 Approved September 13, 2005 Eileen Allen, Colony Days Parade Chairman, stated that her committee has met with city staff and expressed their appreciation for the city's assistance Mayor Scalise closed the Community Forum period. APPROVAL OF AGENDA. Mayor Scalise announced that Item #C-1 had been pulled from the agenda. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Pacas to approve the agenda as amended Motion passed 3.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS Mayor Pro Tem O'Malley commented on calls he received about the Rotunda being converted into a homeless shelter and stated there were no plans to use the Rotunda in this way He asked staff for an update on the Youth Center City Manager Wade McKinney explained the proposed timeline for development of the Youth Center Council Member Pacas asked for an update on the aeration of Atascadero Lake City .w Manager Wade McKinney reported on the current status of the Lake PRESENTATIONS 1 Presentation of funds to the Human Service Grants recipients. Mayor Scalise announced the recipients of this year's Human Services Grants The following people thanked the Council for their organization's grant- ■ David Kilburn, Aids Support Network ■ Jay Janeson, American Red Cross ■ Diane Schneider, Assistance League ■ Phil Goldman, Court Appointed Special Advocates for Abused and Abandoned Children ■ Scott Williams, Atascadero BMX ■ Susan Warren, North County Connection ■ Chris Aho, Hospice of San Luis Obispo County ■ Eileen Allen, North County Women's Shelter ■ Angie King, Senior Legal Services Project ■ Jim Burke, Senior Nutrition Program ■ Rich Wood, Atascadero Loaves and Fishes ,%W ■ Betty McGraw, Transitions Mental Health Association CC Minutes 08/09/05 Page 2 of 13 Approved September 13, 2005 Mayor Scalise recessed the hearing at 7.24 p.m Mayor Scalise called the meeting back to order at 7.27p.m. A. CONSENT CALENDAR 1 City Council Meeting Minutes —June 14, 2005 ■ City Clerk Recommendation. Council approve the City Council meeting minutes of June 14, 2005 [City Clerk] 2. City Council Meeting Minutes —June 28, 2005 ■ City Clerk Recommendation. Council approve the City Council meeting minutes of June 28, 2005 [City Clerk] 3 City Council Meeting Minutes —July 12, 2005 ■ City Clerk Recommendation Council approve the City Council meeting minutes of July 12, 2005 [City Clerk] 4 May 2005 Accounts Payable and Payroll ■ Fiscal Impact: $1,504,775 97 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for May 2005 [Administrative Services] 5 May 2005 Treasurer's Report ■ Fiscal Impact. None ■ Recommendation. Council approve the City Treasurer's report for May 2005 [City Treasurer] 6 Design Services ■ Fiscal Impact: Specific costs are unknown ■ Recommendation. Council authorize the City Manager to execute a contract for architecture and miscellaneous engineering services with BFGC Architecture for City projects including the temporary City Hall, Youth Center and Corporation Yard [City Manager] 7 Memorandum of Understandinq for the Mid-Managers and Professional Employees Bargaining Unit ■ Fiscal Impact: 4% of salary in 2005-2006 fiscal year and 3% of salary in 2006-2007 fiscal year ■ Recommendation. Council approve Memorandum of Understanding for the Mid-Managers and Professional Employees Bargaining Unit. [City Manager] CC Minutes 08/09/05 Page 3 of 13 Approved September 13,2005 8. Police Vehicle Purchase ■ Fiscal Impact: $67,662 12, inclusive of applicable sales tax and California tire fee Funds are provided in the 2005/2006 City budget. ■ Recommendation. Council authorize the purchase of three (3) replacement police vehicles from Villa Ford in Orange, California. [Police] 9 Annual Street Striping Award ■ Fiscal Impact: Expenditure of $ 32,303 10 in previously allocated funds in the 2005//2006 budget. ■ Recommendation. Council authorize the City Manager to execute a contract with Central Coast Striping in the amount of $32,30310 for annual street striping [Public Works] 10 Drainage Engineering Services ■ Fiscal Impact: The cost of drainage engineering service is billed directly to a capital project or to the drainage project capital account. ■ Recommendation. Council authorize the City Manager to enter into ongoing contracts for contract engineering services with firms on the "Drainage Engineering Services Qualified Firm List" [Public Works] 11 La Linea Avenue Rehabilitation (City Bid No. 2004-011) ■ Fiscal Impact: $30,000 00 ,%r ■ Recommendation. Council authorize the City Manager to execute a contract change order with R. Burke Construction for $30,000, for the La Linia Avenue Rehabilitation Project. [Public Works] 12.Professional Design Services for a Traffic Signal at San Gabriel Road and Morro Road ■ Fiscal Impact: Total expenditure of $35,050 00 ■ Recommendation. Council authorize the City Manager to execute an agreement with Associated Transportation Engineers to design a traffic signal at San Gabriel Road and Morro Road intersection with a maximum design expenditure of $35,050 00 [Public Works] 13.Annex II Interior Improvement Project — Interior Painting ■ Fiscal Impact: Expenditure of $149,760 00 ■ Recommendations. Council 1 Authorize the City Manager to execute a contract with Santa Margarita Construction in the amount of $124,800 00 for the Interior Painting improvements, and, 2 Authorize the Director of Administrative Services to allocate $149,760 00 toward the completion of the Interior Painting Project. [Public Works] i CC Minutes 08/09/05 Page 4 of 13 Approved September 13, 2005 14 Annex II Interior Improvement Project — Cabinetry and Counters ■ Fiscal Impact: Expenditure of $164,400 00 ■ Recommendations. Council 1 Authorize the City Manager to execute a contract with Wysong Construction in the amount of $137,000 00 for the Interior improvements (Cabinetry and Counters), and, 2 Authorizes the Director of Administrative Services to allocate $164,400 00 toward the completion of the Interior Improvements Project. [Public Works] 15 Disadvantaged Business Enterprise (DBE) Goal ■ Fiscal Impact: Staff time to monitor DBE Program ■ Recommendation. Council adopt Disadvantaged Business Enterprise (DBE) participation goal [Public Works] 16 Notice of Completion / Manhole Replacement Prosect ■ Fiscal Impact: None ■ Recommendations. Council 1 Accept Raminha Constructions work as complete, and, 2 Authorize the City Manager to sign and file the Notice of Completion [Public Works] *"• 17 Bench Style and Designation for the Sunken Gardens Enhancement Project ■ Fiscal Impact: None ■ Recommendation. Parks and Recreation Commission recommends Council approve the recommended alternate bench style for the Sunken Gardens project and designate the bench sites identified on the Sunken Gardens Conceptual Plan for sponsorship opportunities [Public Works] 18. Colony Days Parade Route Road Closure ■ Fiscal Impact: None ■ Recommendation. Council approve Draft Resolution authorizing the closure of El Camino Real from Curbaril to Traffic Way on Saturday, October 15, 2005 from 9 00 a.m until 12 30 p m , Palma from East Mall to West Mall from 8 00 a.m Friday October 14, 2005 to noon Monday October 17, 2005, West Mall from El Camino Real to Palma on Saturday October 15, 2005 from 8 00 a.m to 5 00 p m , East Mall from EI Camino Real to Palma on Saturday October 15, 2005 at 8 00 a.m to Sunday at 5 00 p m [Community Services] i CC Minutes 08/09/05 Page 5 of 13 Approved September 13, 2005 MOTION By Mayor Pro Tem O'Malley and seconded by Mayor Scalise to approve Items #A-1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18. Motion passed 3:0 by a roll-call vote. (Pacas abstained on Items #A-6, 13 and 14 stating she is employed within 500 feet of the projects involved) (Item #A-6 Contact No. 2005-030, Item #A-7 MOU No. 2005-031, Item #A-9 Contract No. 2005-032, Item #A-12 Contract No. 2005-033, Item #A-13 Contract No. 2005- 034, Item #A-14 Contract No. 2005-035, Item #A-18 Resolution No. 2005-068) B PUBLIC HEARING 1 De Anza Estates Assessment Districts ■ Fiscal Impact: There is no fiscal impact to general residents within the City ■ Recommendations. Council 1 Adopt Draft Resolution A, declaring the results of the property owner protest ballot proceeding for Street and Storm Drain Maintenance District No 03 (De Anza Estates) and approving certain related actions, and, 2 Adopt Draft Resolution B amending and/or approving the Engineer's Report regarding the formation of Street and Storm Drain Maintenance District No 03 (De Anza Estates), and the levy and collection of annual assessments related thereto, commencing in fiscal year 2005/2006, and, 3 Adopt Draft Resolution C confirming the formation of Street and Storm Drain Maintenance District No 03 (De Anza Estates) and ordering the levy and collection of assessments for fiscal year 2005/2006, and, 4 Adopt Draft Resolution D declaring the results of the property owner protest ballot proceeding for Landscaping and Lighting District No 03 (De Anza Estates) and approving certain related actions, and, 5 Adopt Draft Resolution E amending and/or approving the Engineer's Report regarding the formation of Landscaping and Lighting District No 03 (De Anza Estates), and the levy and collection of annual assessments related thereto commencing in fiscal year 2005/2006, and, 6 Adopt Draft Resolution F confirming the formation of Landscaping and Lighting District No 03 (De Anza Estates) and ordering the levy and collection of assessments for fiscal year 2005/2006 [Administrative Services] I Accounting Specialist Jeri Knott gave the staff report and answered questions of Council CC Minutes 08/09/05 Page 6 of 13 Approved September 13, 2005 1%r PUBLIC COMMENT— None City Clerk Marcia McClure Torgerson counted the ballots and reported the results as follows Resolution A — with all ballots turned in Yes - $34,421 04, No — 0 Resolution D —with all ballots turned in Yes - $55,636 16, No — 0 MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Pacas to adopt Draft Resolution A, declaring the results of the property owner protest ballot proceeding for Street and Storm Drain Maintenance District No 03 (De Anza Estates) as Yes - $34,421 04, No — 0, and approving certain related actions, and, adopt Draft Resolution B amending and/or approving the Engineer's Report regarding the formation of Street and Storm Drain Maintenance District No 03 (De Anza Estates), and the levy and collection of annual assessments related thereto, commencing in fiscal year 2005/2006, and, adopt Draft Resolution C confirming the formation of Street and Storm Drain Maintenance District No 03 (De Anza Estates) and ordering the levy and collection of assessments for fiscal year NkW 2005/2006, and, adopt Draft Resolution D declaring the results of the property owner protest ballot proceeding for Landscaping and Lighting District No. 03 (De Anza Estates) as Yes - $55,636.16, No — 0, and approving certain related actions, and, adopt Draft Resolution E amending and/or approving the Engineer's Report regarding the formation of Landscaping and Lighting District No 03 (De Anza Estates), and the levy and collection of annual assessments related thereto commencing in fiscal year 2005/2006, and, adopt Draft Resolution F confirming the formation of Landscaping and Lighting District No 03 (De Anza Estates) and ordering the levy and collection of assessments for fiscal year 2005/2006. Motion passed 3.0 by a roll-call vote. (Resolution Nos. 2005- 069, 2005-070, 2005-071, 2005-072, 2005-073 and 2005-074) I CC Minutes 08/09/05 Page 7 of 13 Approved September 13, 2005 err 2. Draft Film Ordinance and Resolution Establishing Rules, Regulations and Fees ■ Fiscal Impact: Unknown ■ Recommendations. Council 1 Introduce for first reading, by title only, Draft Film Ordinance, thereby amending Atascadero Municipal Code Title 5 to add Chapter 12, and, 2 Adopt the Draft Resolution establishing rules, regulations, and fees for motion picture and television productions [City Manager] City Manager Wade McKinney gave the staff report and with Deputy Executive Director of Redevelopment Marty Tracey answered questions of Council PUBLIC COMMENT Baxter Boyington, San Luis Obispo County Visitors and Conference Bureau and Film Commission thanked the Council for this ordinance and expressed concern regarding several provisions He suggested adding under the news exemption the words, "spontaneous breaking news " Mr Boyington answered questions of Council Mayor Scalise closed the Public Comment period. MOTION By Council Member Pacas and seconded by Mayor Pro Tem O'Malley to Introduce for first reading, by title only, Draft Film Ordinance, thereby amending Atascadero Municipal Code Title 5 to add Chapter 12, with the following amendment: Section 4.02 No 1 to read News Media. The provisions of this Ordinance shall not apply to or affect reporters, photographers or cameramen in the employ of a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing or broadcasting of spontaneous breaking news events concerning those persons, scenes or occurrences which are in the news and of general public interest. Motion passed 3.0 by a roll-call vote. 3. Title 9 Planning and Zoning Text Amendment (Zone Change 2005- 0100)(City of Atascadero) ■ Fiscal Impact: Revenue neutral to the City ■ Recommendations. Planning Commission recommends Council 1 Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0043, and, 2 Introduce for first reading by title only, Draft Ordinance A approving Zone Text Change 2004-0100 establishing development standards for fence height, lot line adjustments affecting flag lots, and landscape requirements [Community Development] CC Minutes 08/09/05 Page 8 of 13 Approved September 13, 2005 ,% r Community Development Director Warren Frace gave the staff report and answered questions of Council Council Member Pacas expressed concern about the setbacks for taller fences, and visibility coming out of a driveway PUBLIC COMMENT— None Director Frace suggested staff could add a section about maintaining clear vision triangles at corners, and set up a standard for those triangles There was Council consensus to continue this item. 4. 1155 EI Camino Real Custom Planned Development 26. The Village at Oakhaven (Zone Change 2005-0099/CUP 2005-0157/TTM 2005- 0067)(Wehn Group, LLC) ■ Fiscal Impact: There will be minor negative impact, the project will be required to cover most of the costs of development with the conditions included ■ Recommendations. Planning Commission recommends Council 1 Adopt Resolution A certifying Proposed Mitigated Negative Declaration *,r,,,. 2005-0028, and, 2 Introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0099 establishing a Planned Development 26 Overlay District based on findings, and, 3 Introduce for first reading, by title only, Draft Ordinance B approving Zone Change 2005-0101 based on findings, and, 4 Adopt Resolution B approving Conditional Use Permit 2005-0157 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring, and, 5 Adopt Resolution C approving Vesting Tentative Tract Map 2005-0067 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 Mike Bertachini, EDA Design Professionals, applicant's civil engineer, spoke about the project and answered questions of Council Mayor Scalise closed the Public Comment period. %W CC Minutes 08/09/05 Page 9 of 13 Approved September 13, 2005 MOTION By Mayor Pro Tem O'Malley to adopt Resolution A certifying 'ter Proposed Mitigated Negative Declaration 2005-0028, and, introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0099 establishing a Planned Development 26 Overlay District based on findings, and, introduce for first reading, by title only, Draft Ordinance B approving Zone Change 2005-0101 based on findings, and, adopt Resolution B approving Conditional Use Permit 2005-0157 (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 2005-0067 based on findings and subject to Conditions of Approval and Mitigation Monitoring Motion failed for lack of a second Council Member Pacas stated she could support the motion with staff's recommendation that the three story unit near the single family residential neighborhood become a two story unit. MOTION By Council Member Pacas and seconded by Mayor Scalise to adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0028, and, introduce for first reading, by title Iftw only, Draft Ordinance A approving Zone Text Change 2005- 0099 establishing a Planned Development 26 Overlay District based on findings, and, introduce for first reading, by title only, Draft Ordinance B approving Zone Change 2005-0101 based on findings, and, adopt Resolution B approving Conditional Use Permit 2005-0157 (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 2005-0067 based on findings and subject to Conditions of Approval and Mitigation Monitoring and with the change recommended by staff that the three story unit on the back of the lot next to the single family residential be changed to a two story unit. Motion failed 2 1 by a roll-call vote. (O'Malley opposed) PUBLIC COMMENT Mike Bertachini explained why the applicant would like to keep the unit in question at three stories Chip Tamagni, applicant's arborist, addressed the issue of landscape buffering for the r three story unit and suggested the addition of fast growing trees for screening AW CC Minutes 08/09/05 Page 10 of 13 Approved September 13, 2005 Mayor Scalise closed the Public Comment period. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Pacas to adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0028, and, introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0099 establishing a Planned Development 26 Overlay District based on findings, and, introduce for first reading, by title only, Draft Ordinance B approving Zone Change 2005-0101 based on findings, and, adopt Resolution B approving Conditional Use Permit 2005-0157 (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 2005-0067 based on findings and subject to Conditions of Approval and Mitigation Monitoring, with the addition of two fast growing trees as approved by staff and the landscape design of the project. Motion passed 3.0 by a roll-call vote. (Resolution Nos. 2005- 075, 2005-076 and 2005-077) 5 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 Department] Fire Chief Kurt Stone gave the staff report. PUBLIC COMMENT— None MOTION By Council Member Pacas and seconded by Mayor Pro Tem O'Malley to adopt the Draft Resolution, confirming the cost of vegetative growth and/or refuse abatement. Motion passed 3.0 by a roll-call vote. (Resolution No. 2005-078) C MANAGEMENT 1 Options for Service to Multi-Story Buildings ■ Fiscal Impact: None ■ Recommendations. Council 1 Direct staff to research funding options and bring back an implementation proposal for Council to consider; and, 2 Direct staff to investigate a potential cooperative relationship with Paso Robles [Fire] CC Minutes 08/09/05 Page 11 of 13 Approved September 13, 2005 ter. This item was pulled from the agenda. 2. East Mall Parking and Circulation Changes ■ Fiscal Impact: Less than $3,00000 of the Sunken Gardens Project Contingency Budget. ■ Recommendation. Council approve making East Mall one way from EI Camino Real to Palma Ave and add angled parking along the Sunken Gardens [Public Works] Council Member Pacas stepped down from consideration of this item stating she works within 500 feet of the possible location of the project. Public Works Director Steve Kahn gave the staff report and answered questions of Council PUBLIC COMMENT Joanne Main spoke in support of the staff recommendation Mayor Scalise closed the Public Comment period. vr• MOTION By Mayor Pro Tem O'Malley and seconded by Mayor Scalise to approve making East Mall one way from EI Camino Real to Palma Ave and add angled parking along the Sunken Gardens. Motion passed 2.0 by a voice vote. (Pacas abstained) Council Member Pacas rejoined the meeting 3. League of California Cities Voting Delegate ■ Fiscal Impact: None ■ Recommendation. Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities' Annual Conference in October 2005, and direct the City Clerk to inform the League of the designation [City Clerk] Mayor Scalise nominated Mayor Pro Tem O'Malley as designate and Council Member Pacas as the alternate. Mayor Pro Tem O'Malley and Council Member Pacas accepted the positions. fir' CC Minutes 08/09/05 Page 12 of 13 Approved September 13, 2005 D COMMITTEE & LIAISON REPORTS Manor Scalise 1 Atascadero State Hospital Advisory Board updated Council on the transportation of Sexually Violent Predators from the State Hospital to Coalinga. E. INDIVIDUAL DETERMINATION AND/OR ACTION City Manager City Manager Wade McKinney reported on the September 10th all day Strategic Planning session, and the Channel Counties Division of the League of California Cities golf tournament and dinner on Friday August 26th F ADJOURNMENT Mayor Scalise adjourned the meeting at 8 47 p m to the next regularly scheduled meeting of the City Council on September 13, 2005 *d,,,. MEETING RECORDED AND MINUTES PREPARED BY QT-�- GPce cci, Deputy City Clerk CC Minutes 08/09/05 Page 13 of 13