HomeMy WebLinkAboutMinutes 012301 Approved February 13, 2001
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an IM MINUTES
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� i ATASCADERO CITY COUNCIL MEETING
TUESDAY, JANUARY 23, 2001
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4t" Floor
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
1. Conference with legal counsel (Govt. Code Sec. 54956.9 (c))
Potential participation in litigation with:
California Sportsfishing Alliance v. City of San Luis Obispo
2. Real Property Negotiations (Govt. Code Sec. 54956.80
Potential lease of City property located at 5505 El Camino Real (Police Dept.)
Agency negotiator: City Attorney Roy A. Hanley
Negotiating party: Tacit Communications as agent for Sprint Spectrum PCS
Under Negotiation: Price and term
REGULAR SESSION, 7:00 P.M.:
Mayor Arrambide called the meeting to order at 7:00 p.m. Mayor Pro Tem Scalise let the Pledge
of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
Absent: None
Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham
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Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry,
Police Chief Dennis Hegwood, Acting Fire Chief Kurt Stone,
Administrative Services Director Rachelle Rickard, Public Works Director
Steve Kahn, Acting Community and Economic Development Director
Warren Frace, Community Services Manager Geoff English, Public
Works Technician Valerie Humphrey, and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Mayor Pro Tem Scalise
to approve the agenda.
Motion passed 5:0 by a roll-call vote.
COMMUNITY FORUM:
Barbie Butz, 3370 San Fernando Road, announced to the Council that Community Services
Manager Geoff English received a Community Service Award from the Chamber of Commerce.
Eric Greening, 6600 Lewis Ave., asked for a report on the Closed Session item concerning Ms.
Scarpace.
Mike Burn, 4064 Tranquila Avenue, Loaves and Fishes, invited the Council and the public to the
annual luncheon and business meeting at the Community Church on January 27, 2001.
Dwayne Holman, 10175 San Guillermo, was born in Atascadero and has worked in Parkfield for
31 years. He stated he recently moved back to Atascadero and has begun working with Loaves
and Fishes. He encouraged the Council to support ECHO (El Camino Homeless Organization)
in their efforts to help the homeless.
John McGoff, 9192 Maple St., stated that he read in the paper that the ACLU is stating the City
of Atascadero should not be allowing the Boy Scouts to use the Pavilion basement at no charge.
Mr. McGoff said he supports City Attorney Ron Hanley's response stating that the Scouts have
paid in-kind for the improvements to the basement of the Pavilion. He encouraged the City
Council to support Mr. Hanley's opinion.
Mayor Arrambide closed the Community Forum.
Roy Hanley announced, on Item 1 of the Closed Session, the Council voted 5:0 not to participate
in the litigation.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Commissioner Appointment Process — Council to review and establish an appointment process
for City Commissioners.
Mayor Arrambide recommended that the decision on commissioner appointments be deferred
until their Strategic Planning Session has been held.
The Council voted unanimously by a roll-call vote to table this item.
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A. CONSENT CALENDAR: Roll Call
1. City Council Minutes—January 9, 2001
■ City Clerk recommendation: Council approve the City Council minutes of January 9,
2001 [City Clerk]
2. Type III Fire Engine—Authorization to purchase
■ Fiscal Impact: $184,449.00
■ Staff recommendation: Council authorize the purchase of a Type III Wildland Fire
Engine from West Mark Fire Apparatus. [Fire]
3. Radio Repeater Improvements—Authorization to spend grant funds
■ Fiscal Impact: $94,086 available from AB 3229 grant funds; and a savings of$127
per month
■ Staff recommendation: Council authorize the expenditure of grant funds to
implement improvements to the public safety radio repeater system. [Police]
4. FY 99-00 Street Rehabilitation Projects—Bid No. 2000-04
■ Fiscal Impact: $45,866 66—project retention
■ Staff recommendation: Council accept the FY 99-00 Street Rehabilitation Projects as
complete and authorize the Administrative Services Director to release the project
retention in the amount of$45,866 66 [Public Works]
5. Acceptance of Final Parcel Map 99003 (AT 00-001)— 8930 Junipero Ave. (Bunyea)
■ Fiscal Impact: None
■ Staff recommendation: Council:
1. Accept the Final Parcel Map99003 (AT 00-001); and,
2. Reject without prejudice, the public utility easement (P.U.E.) shown on Final
Parcel Map 99003. [Community& Economic Development]
6. Energy Conservation—Request from State
■ Fiscal Impact: Savings through reduced energy costs
■ Staff recommendation: Council adopt draft Resolution 2001-001, announcing the
City's efforts toward energy conservation. [City Manager]
Mayor Pro Tem Scalise requested that Item#A-2 be pulled.
MOTION: By Council Member Clay and seconded by Council Member Luna to
approve items #A-1,3, 4, 5 and 6 on the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
Battalion Chief Roland Snow of the Atascadero Fire Department discussed Item 2 at the request
of Mayor Pro Tem Scalise.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Luna to
approve item #A-2 on the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS: None
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C. MANAGEMENT REPORTS:
1. Youth/ Community Center Design Services
■ Fiscal Impact: $104,000, based on the construction cost of$850,000
■ Staff recommendation: Council authorize the Mayor to enter into Contract 2001-002
with Heiser and Associates, Inc. for the design services for the proposed Youth /
Community Center and authorize the related appropriations. [Community Services]
Assistant City Manager Brady Cherry gave the staff report and answered questions of Council.
PUBLIC COMMENT
George Dodge, 5670 Lobos, stated that the Optimist Club would contribute all of the proceeds
from its fundraising efforts during the next 24 months to the Youth Center. Mr. Dodge indicated
that he supports the choice of Heiser& Associates as they have a good reputation.
Eric Greening, 6600 Lewis Ave., asked that the new Youth Center be designed to be energy
efficient.
Mayor Arrambide closed the Public Comment session.
MOTION: By Council Member Clay and seconded by Council Member Luna to
authorize the Mayor to enter into an agreement with Heiser and
Associates, Inc. for the design services for the proposed Youth /
Community Center and authorize the related appropriations.
Motion passed 5:0 by a roll-call vote. (Contract No. 2001-002)
2. Atascadero Road Program
■ Fiscal Impact: No immediate impact. The overall project will reduce the City's road
costs.
■ Staff recommendation: Council:
1. Receive the update on the Atascadero Public Works Department Actions.
2. Approve draft Resolution 2001-002, accepting portions of San Gabriel, San
Marcos Road, Cayucos Ave., Falda Road, Hermosilla, Lobos Ave., Ramage Ave.,
Sonora and Silla into the City Maintained Road System.
3. Approve draft Resolution 2001-003 of Intent to dissolve all Maintenance Districts
listed on Exhibit "A" of the Resolution.
4. Receive a report on Trench Cuts and direct staff to come back to Council with a
Trench Cut Ordinance.
5. Receive a report on Development Standards and provide staff direction.
6. Receive a report on Assessment District and provide staff direction. [Public
Works]
Public Works Director Steve Kahn gave the staff report and introduced Joan Cox and Jeff
Cooper of Harris and Associates.
Joan Cox, explained assessment districts to the Council, and with Steve Kahn, answered
questions.
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PUBLIC COMMENT
Eric Greening, 6600 Lewis Ave., asked for clarification of his concerns about assessment
districts. He also expressed concern for the new roads having speeding problems as a result of
their improvement.
Joan O'Keefe, 9985 Old Morro Road East, asked for clarification on how the issue of different
roads being at different levels of improvement is addressed.
Mayor Arrambide closed Public Comment.
Joan Cox, in response to questions raised during Public Comment explained that maintenance
assessments and bond assessments are collected on the property tax bills, thereby making the
County responsible for collection.
MOTION: By Council Member Johnson and seconded by Council Member Luna
to approve the draft Resolution, accepting portions of San Gabriel,
San Marcos Road, Cayucos Ave., Falda Road, Hermosilla, Lobos
Ave., Ramage Ave., Sonora and Silla into the City Maintained Road
System.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-002)
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Luna to
approve the draft Resolution of Intent to Dissolve all Maintenance
Districts listed on Exhibit"A" of the Resolution.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-003)
MOTION: By Council Member Luna and seconded by Council Member Clay to
receive the report on Trench Cuts and direct staff to come back to
Council with a Trench Cut Ordinance.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Johnson and seconded by Council Member Luna
to receive the report on Development Standards and direct staff to
come back with an ordinance for the Municipal Code where
residential development will be required to improve their frontage
with the City Engineer making the determination of what that
improvement is.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Johnson and seconded by Council Member Luna
to receive the report on Assessment District and direct staff to come
back with a feasibility study showing several concepts of how
assessment districts could be handled.
Motion passed 5:0 by a roll-call vote.
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3. State Route 41 Relinquishment—Lump-sum payment from State to City
■ Fiscal Impact: State to make lump-sum payment of$334,300 to City of Atascadero
■ Staff recommendation: Council authorize the Mayor to sign Cooperative Agreement
#05-CA-0089, between the City of Atascadero and the State of California, which
relinquishes a portion of State Route 41 (SR 41) to the City and provides $334,000 to
bring this portion of SR 41 into a "state of good repair. " [Public Works]
Council Member Clay announced that he would be stepping down on this item as his house is on
this road.
Public Works Director Steve Kahn gave the staff report and answered questions of Council.
PUBLIC COMMENT
Eric Greening, 6600 Lewis Ave., feels that the City must support the residents along the streets
in question, and should not let them fight Cal Trans alone.
Joan O'Keefe, 9985 Old Morro Road East, stated that she supports the comments of Mr.
Greening and feels that the residents in that area should have been told ahead of time of the
impact of the roads and that it is the City's responsibility to support the residents at this time.
Mayor Arrambide closed Public Comment.
The Council discussed the views expressed in Public Comment and there was consensus that the
City Engineer will work with Cal Trans to see that residents' concerns are addressed.
MOTION: By Council Member Luna and seconded by Council Member Johnson
to authorize the Mayor to sign Cooperative Agreement, #05-CA-0089,
between the City of Atascadero and the State of California, which
relinquishes a portion of State Route 41 (SR 41) to the City and
provides $334,000 to bring this portion of SR 41 into a "state of good
repair.
Motion passed 4:0 by a roll-call vote. (Clay abstained)
(Contract No. 2001-003)
4. Facility Policies, Procedures and Fees—Recommended changes
■ Fiscal Impact: Potential rental income increase of approximately$13,000 per year
■ Staff recommendation: Council approve draft Resolution 2001-004 amending the
City ofAtascadero Facility Policies, Procedures and Fees. [Community Services]
Community Services Manager Geoff English gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Eric Greening, 6600 Lewis Ave., stated he agrees with the staff recommendations, however he is
leery of the grand-fathering issue.
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Joanne Main, Chamber of Commerce, stated her concerns with the increased rates and feels that
for the Chamber of Commerce to have to pay a 100 percent increase for their Saturday evening
events would be a hardship.
Dave May, P.O. Box 642, Atascadero Education Foundation, stated his organization cannot
afford the proposed increase and would most likely look for another venue for their events if the
increase were approved. He supports the grand-fathering concept.
Marlene Lutz, 6680 Portola Road, Ladies Conference, stated her concerns with the increased
rates as they would have to increase their fees and this would affect their ability to provide an
affordable program to the women their functions target.
Steve LaSalle, Atascadero, urged the Council to consider the Pavilion and other facilities as a
community service and not increase the rates. He suggested a net lease as a possible option to
fee increases.
John McGoff, 9192 Maple St., suggested the Council consider that these facilities were not
established as enterprise activities.
Barbie Butz, 3370 San Fernando Road, suggested the Council consider the non-profit groups in
their decision.
Mayor Arrambide closed Public Comment.
There was lengthy discussion on the issue of different rates for non-profit organizations.
Mayor Arrambide feels that the resolution is too confusing at this time and that the facility is an
excellent one and its use should be encouraged.
MOTION: By Council Member Johnson and seconded by Council Member Clay
to approve draft Resolution, amending the City of Atascadero Facility
Policies,Procedures and Fees with the following amendments:
1. Retain the original number capacity at the Pavilion(page 3);
and
2. Non-profit groups must reserve the Pavilion for a minimum of
8 hours on Saturday.
3. Eliminate language that would require non-profit groups to
pay the private group rate on Saturdays.
Motion passed 4:1 by a roll-call vote. (Mayor Arrambide opposed)
5. Legislative Priorities 2001
■ Fiscal Impact: None
■ Staff recommendation: Council adopt draft Resolution 2001-005 establishing the
City's legislative priorities for 2001. [City Manager]
City Manager Wade McKinney gave the staff report and answered questions of Council.
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PUBLIC COMMENT
Eric Greening, 6600 Lewis Ave., stated he supports the removal of the item on page 122 and 125
concerning biosolids. Also, he urged the Council to remove the item on page 125 under County
Priorities encouraging the Salinas Reservoir expansion.
Mayor Arrambide closed Public Comment.
MOTION: By Council Member Johnson and seconded by Council Member Luna
to adopt draft Resolution, establishing the City's legislative priorities
for 2001 with the following amendments:
1. Page 122, delete bulleted item on biosolids
2. Flag the promotion of federal and state efforts towards open
space.
3. Page 123 under COMMUNITY DEVELOPMENT, last item to
read: Promote the principles of Smart Growth as adopted by the
City Council.
4. Page 125 under COUNTY PRIORITIES revise bulleted item to
read: Protect Atascadero water resources, and continue to support
the Nacimiento Pipeline Project.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-005)
6. Live Scan Fingerprint System—Request to implement
■ Fiscal Impact: $6,263.25 annually as of FY 200112002. It is anticipated that 50% or
more will be offset by the revenue generated in the implementation of this system.
■ Staff recommendation: Council authorize the implementation of the Live Scan
fingerprinting system. [Police]
Police Chief Dennis Hegwood introduced Police Lieutenant John Couch who gave the staff
report and answered questions of Council.
PUBLIC COMMENT: None
MOTION: By Council Member Luna and seconded by Council Member Clay to
authorize the implementation of the Live Scan fingerprinting system.
Motion passed 5:0 by a roll-call vote.
7. Information Bulletin
D. ATTORNEY REPORTS:
1. Regulation of Telecommunications Systems—Proposed Ordinance
■ Fiscal Impact: No negative impact. Possible positive impact by imposition of
franchise fees and minimizing damages to road system.
■ City Attorney recommendation: Council introduce, on first reading by title only, an
ordinance of the City Council of the City of Atascadero, relating to the regulation of
telecommunications systems which utilize public streets, rights-of-way, or other
public property. [City Attorney]
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City Attorney Roy Hanley gave the report and answered questions of Council.
PUBLIC COMMENT None
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Clay to
introduce, on first reading by title only, an ordinance of the City
Council of the City of Atascadero, relating to the regulation of
telecommunications systems which utilize public streets, rights-of-
way, or other public property.
Motion passed 5:0 by a roll-call vote.
E. COMMITTEE REPORTS:
Mayor Arrambide
1. Water Committees will be meeting with Atascadero Mutual Water on Thursday, January
25th.
2. County Mayor's Round Table met and addressed a number of issues including the big
box event in San Luis Obispo.
Mayor Pro Tem Scalise
1. City/ Schools Committee will meet February 5th
2. Economic Opportunity Commission (EOC): Will be having a two-daffy retreat.
3. Atascadero State Hospital Advisory Board: Will meet on February 5t .
Council Member Luna
No reports
Council Member Johnson
1. Economic Vitality Corporation, Board of Directors (EVC): Will be meeting on January
24th.
2. Local Agency Formation Commissions (LAFCO): Approved an eight-house
development entry into the CSD in Nipomo but the building permits will come out of the
growth cap.
Council Member Clav
No reports
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Clerk
The City Clerk inquired if the Council wished to have the Commission candidate interviews set
on February 13th before the next regular meeting. The Council agreed.
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G. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 10:43 p.m. to the next regular session on February
13, 2001 at 7:00 p.m.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure `I'orgerson, City Cl k
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