HomeMy WebLinkAboutMinutes 021301 Approved February 27,2001
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ATASCADERO CITY COUNCIL MEETING
TUESDAY, FEBRUARY 13, 2001
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION, 7:00 P.M.:
Mayor Arrambide called the meeting to order at 7:01 p.m. and Council Member Clay led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
Absent: None
Others Present: City Clerk Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, 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, Technology Director Andrew Fruin,
and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
MOTION: By Council Member Clay and seconded by Mayor Pro Tem Scalise to
approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation declaring February 27, 2001 "Spay Day USA"
Mayor Arrambide presented the proclamation to Kayce Daniels of the North County Humane
Society.
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Pagel
2. Proclamation declaring March 8, 2001 "California Polytechnic State University History
Day"
Mayor Arrambide read the proclamation. The proclamation will be sent to Cal Poly as a
representative was unable to attend this meeting.
COMMUNITY FORUM:
Ann Ketcherside, 7585 Santa Ysabel, stated Mayor Arrambide has violated the conflict of
interest laws by: 1) voting on an item involving the property next door to his, and 2) hiring an
individual on the Planning Commission who was "like a relative" to him. Ms. Ketcherside said
she feels that the Mayor should step down due to these perceived violations of the conflict of
interest laws. Additionally, she presented a document regarding the planned school next to the
State Hospital and requested the City Council write letters to Atascadero Unified School District
and to the public giving them the okay to disapprove the school for the third time. Ms.
Ketcherside feels that the community does not need a school located next to Atascadero State
Hospital.
Richard Hill, 8400 San Gabriel, expressed his feelings and frustrations in a prepared statement he
read concerning the current litigation he is involved in with the City of Atascadero.
Ray Jansen, 6655 Country Club Drive, read his most recent letter to the editor concerning
affordable housing.
George Marrett, 8225 San Diego Road, Vice President of El Camino Homeless Organization
(ECHO), asked the Council to support ECHO by endorsing the organization.
Linda Hall, Cambria, congratulated Council Member Luna on his appointment to the Coastal
Commission. She addressed the Council on issues concerning companion animals and the limit
laws for dogs and cats.
Richard Hill, 8400 San Gabriel, continued to read his prepared statement.
Mayor Arrambide closed the Community Forum.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Johnson stated a concern he had regarding the neighborhood General Plan
meeting he attended. He felt that the maps organized by individual groups at the meeting were
not what were presented to the larger group as a whole. He expressed concern regarding the
information flow from the individual groups to the final reports.
Council Member Clay encouraged the media to advertise the spay/neuter program. He also
expressed how pleased he was that community members are showing concern for the homeless
and the issue of affordable housing. He would like to see these issues addressed in the General
Plan Update.
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Council Member Luna stated that the issue of affordable housing has been discussed since he has
been on the Council (1992) and for four years prior to that on the Planning Commission.
Mayor Arrambide stated that he had attended another community meeting held at the Pavilion
concerning the future 3F Meadows project. During this meeting, members of the Atascadero
Land Preservation Society (ALPS) suggested they purchase the property and leave it, in
perpetuity, as open space for the community.
Council Member Luna suggested the Council direct staff to come back with an agenda
item/resolution in support of the ALPS option.
A. CONSENT CALENDAR:
1. Special Joint City Council /Planning Commission Minutes—January 17, 2001
■ City Clerk recommendation: Council approve the Special Joint City Council /
Planning Commission minutes of January 17, 2001 [City Clerk]
2. City Council Minutes—January 23, 2001
■ City Clerk recommendation: Council approve the City Council minutes of January
23, 2001 [City Clerk]
3. Acceptance of Phase II of Final Map 97003 / Tract 2271 — The Lakes (Midland Pacific /
Cannon Associates)
■ Fiscal Impact: None
■ Staff recommendation: Council:
a. Accept Phase II of Final Tract Map 97003/Tract 2271; and
b. Reject all Public Utility Easements shown on the Phase II final Tract Map
[Community & Economic Development]
4. 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 adopt, on second 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]
MOTION: By Council Member Luna and seconded by Council Member Johnson
to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote. (#A-4—Ordinance No. 379)
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B. PUBLIC HEARINGS:
1. Dissolution of Street Maintenance Districts
■ Fiscal Impact: Loss of$2,100 annually
■ Staff recommendation: Council:
a. Receive public testimony regarding dissolution of the Street Maintenance
Districts; and
b. Approve the draft Resolution, dissolving maintenance districts involving
Aguila Avenue, Cayucos Avenue, Falda Avenue, Lobos Road, Maleza Avenue,
Pinal/Escarpa Avenues, San Fernando Road, and Sonora/Pinal Avenues,
established under the provisions of the Improvement Act of 1911 [Public
Works]
Public Works Director Steve Kahn gave the staff report and answered questions of Council.
PUBLIC COMMENT
George Dodge, 5670 Lobos Lane, expressed his opposition to the dissolution of the Maintenance
District for Lobos Road. (see Attachment A)
Gene Pimentel, 2060 San Fernando Road, stated his opposition to the dissolution of the
Maintenance District for San Fernando Road.
Sheila Every, 5600 Aguila Avenue, stated she was unaware that Aguila is not a City maintained
road until she read about it in the newspaper. She asked if a street is not a City street, then who
owns the street and who is to maintain it.
Dorothy Dodge, 5670 Lobos Lane, stated she is opposed to eliminating the Maintenance District
for Lobos Lane. She has lived on Lobos Lane for over 20 years, has maintained the road and is
pleased with this way of dealing with road maintenance.
Ron Walters, 2025 San Fernando Road, inquired what it would mean to those who live on the
effected streets if the Maintenance District is dissolved. Additionally he asked, if the agreement
changes, can the road be made private and be blocked to through traffic.
Dick McCracken, 5660 Lobos Lane, expressed his opposition to the elimination of the
Maintenance District for Lobos Lane.
Gary Miyamoto, 5400 Aguila Avenue, encouraged the Council to leave the current Maintenance
District as it is until a workable assessment district plan is set in place.
Steve Vin, 5640 Lobos Lane, said he is against the elimination of the Maintenance District on
Lobos Lane.
Dave Rasmussen, 3725 Falda Avenue, asked for clarification of how the money would be taken
from each district and then applied to a project for that district.
Robert Churchill, 2040 San Fernando Road, stated that he would like the Council to consider
adopting San Fernando Road as a City maintained road.
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Sheila Every, 5600 Aguila Avenue, wished to clarify that only five houses out of 26 on Aguila
Avenue are in the Maintenance District.
Gene Pimentel, 2060 San Fernando Road, stated that the reason the road did not meet City
standards was that it was narrowed in order to save the oak trees in the area.
George Dodge, 5670 Lobos Lane, indicated that Lobos Lane is very lightly traveled and this was
why the road held up as well as it has for 17 years.
Anton Kramer, 5155 Escarpa Avenue, agrees with the other speakers that the Maintenance
District has worked well so far and he is in favor of retaining it until another solution is found.
The City Clerk read into the record 2 letters, turned in by Dorothy Dodge, written by Lobos Lane
residents who are opposed to the dissolution of the Maintenance District: Miriam Fakharri
(Attachment B) and Donald Bovee (Attachment Q.
Mayor Arrambide closed the Public Comment period.
There was lengthy Council discussion concerning the details of this issue.
Mayor Arrambide commented to the audience that the Council is aware that the public comment
tonight indicates that they are happy with their roads and they don't want the process to be
changed. He assured the audience that the Council will review this issue carefully and will make
an educated decision.
MOTION: By Council Member Luna and seconded by Council Member Johnson
to continue Item # B-1 until assessment districts are further studied in
June 2001.
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Cost Allocation and Development Impact Fee Study—Agreement
■ Fiscal Impact: $89,125
■ Staff recommendation: Council:
a. Authorize the Mayor to execute an agreement with Revenue and Cost
Specialists, L.L.C. for a Master Facilities Plan, Development Impact Fee
Report, a Cost Allocation Plan and a User Fee Study; and
b. Authorize the Administrative Services Director to appropriate $89,125 from
the Reserve Fund. [City Manager]
City Manager Wade McKinney gave the staff report and answered questions of Council.
PUBLIC COMMENT: None
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MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to authorize the Mayor to execute an agreement with Revenue
and Cost Specialists, L.L.C. for a Master Facilities Plan, Development
Impact Fee Report, a Cost Allocation Plan and a User Fee Study; and
authorize the Administrative Services Director to appropriate $89,125
from the Reserve Fund.
Motion passed 5:0 by a roll-call vote. (Contract#2001-004)
2. Personnel Rules and Regulations—Update
■ Fiscal Impact: None
■ Staff recommendation: Council adopt draft Resolution establishing Personnel Rules
and Regulations. [City Manager]
City Manager Wade McKinney gave the staff report and answered questions of Council.
PUBLIC COMMENT: None
MOTION: By Council Member Clay and seconded by Council Member Johnson
to adopt draft Resolution establishing Personnel System Rules.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-006)
3. City of Atascadero Telephone System—Update Recommendation
■ Fiscal Impact: $19,635
■ Staff recommendation: Council authorize the City Manager to enter into an
agreement with Tedas Inc. for a phone and voicemail system for the City of
Atascadero. [City Manager]
City Manager Wade McKinney gave the staff report and introduced Technology Director
Andrew Fruin and asked him to explain the details of the proposed new telephone system. They
answered questions presented by the Council.
PUBLIC COMMENT
John McGoff, 9192 Maple Street, expressed his concern with the process followed to obtain
these bids. He stated the wide difference in the bids leads him to believe the companies were not
bidding on the same product.
John Nielsen, President of Tedas Inc., explained the difference between the products of the
companies in this bidding process.
Mayor Arrambide closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member Clay to
authorize the City Manager to enter into an agreement with Tedas
Inc. for a phone and voicemail system for the City of Atascadero.
Motion passed 5:0 by a roll-call vote. (Contract#2001-005)
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4. Information Bulletin
Council consensus to have two youth members, one from junior high school and one from high
school on the committee.
D. COMMITTEE REPORTS:
Mayor Arrambide
1. Water Committees: They met with a new committee who's goal is to move the other
existing water committees into action regarding a North County solution to San Luis
Obipso's interest in our water.
2. S.L.O. Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority
(SLORTA): The SLOCOG Board adopted a resolution for Ray Johnson which will be
given at the next meeting and presented by Mayor Arrambide. 2002 State Transportation
Improvement Funds (STIP) is estimated to be $45 million. SLOCOG will begin to
program those monies in December 2001. Sixteen good applications have been received
by SLORTA for the next director; deadline is this week. Cal Trans projects for
Atascadero are: 1) beautify and modernize the US 101 roadway at $1,300,000 by 2006,
2) construct operational improvements on US 101 $6,100,000 by 2006, 3) construct
median barriers on US 101, $3,200,000 by 2004, and 4) construct northbound US 101
auxiliary lanes from Traffic Way to San Anselmo, $800,000 by 2003.
Mayor Pro Tem Scalise
1. Economic Opportunity Commission (EOC): Meets Thursday, and Mayor Pro Tem
Scalise distributed copies of an update of EOC's position on a variety of projects.
2. Atascadero State Hospital Advisory Board: Met with the Advisory Board who is happy
to have a representative of the City with them. They meet quarterly.
Council Member Luna
1. Integrated Waste Management Authority (IWMA): 10,000 recycling guides are coming
out; Council will receive copies.
Council Member Johnson
1. Economic Vitality Corporation, Board of Directors (EVC): Meets next week.
2. Local Agency Formation Commissions (LAFCO): Meets tomorrow.
Council Member CIgy
1. Air Pollution Control District (APCD): They are discussing extending the burn
regulation period until May 2002. Their greatest concern is to reduce burning and
encourage green waste pickup and mulching. Duke Energy has reduced their emissions
from 9 tons to 3.5 tons this year.
2. City / Schools Committee: Committee met and agreed to meet every three months
rotating from school to city location. Regarding use of school facilities, the committee
prefers either minimum or no charge whenever youth utilize the facilities. The school
cannot legally participate in the funding of the Youth Center. The issue of closing off the
road between City Hall and the Printery during school hours will be brought forward to
the City Council in the future.
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E. INDIVIDUAL DETERMINATION AND/OR ACTION: None
F. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 9:45 p.m. to the next regular session on February 27,
2001, at 7:00 p.m.
MEETING RECORDED AND MINUTES PREPARED BY:
&moL M L
Marcia McClure Torgerson, City Clerk
ATTACHMENTS:
Attachment A—Prepared statement by George Dodge
Attachment B —Prepared statement by Miriam Fakharri
Attachment C—Prepared statement by Donald Bovee
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Attachment: A
City
GEORGE & DOROTHY DODGE Februaryr13, 2001 Council
5670 Lobos Lane
Atascadero, Ca 93422
(805) 466-2466
Email gdodge@calinet.com
The Council is considering the removal of Lobos Lane from Nogales to the end of the street from
its status as a "Maintenance District". A little history, the district was formed in 1983 and after
the initial assessment to pave the street the property owners have paid in$22.00 per year($2.00
retained by the county for the collection) During that time they have requested maintenance only
once at an approximate cost of$5,500. There is�currently a balance of approximately$5,000 in
the trust account. At the present time there are only about two small areas that need maintenance.
So while no one would argue that over the long term$20.00 per year will probably not be
enough to maintain the road properly it has worked to at least this point and probably for another
few years. The road is only approximately a 1000 feet long and the $20.00 has adequately
maintained it. We on Lobos would probably have no problem voting to increase the $20.00 to a
more realistic amount if necessary. So what is the problem?
First since the district was created by the residents doesn't it have to be terminated by them?
Second to stop the current collection before a new collection is established is like throwing away
your old car before you buy a replacement. We throw away this maintenance before a new
system is in place and we may not have a usable road by the time you get a city wide assessment
district in place. In addition, failure to repair the road could impact the stability of the hill in
some areas and create serious erosion problems.
Third to`include Lobos Lane in a larger assessment district would mean that we would lose
control over the maintenance of the road. Since Lobos Lane is a dead end it is likely that through
roads would be maintained first and then their wouldn't be funds for Lobos.
Fourth the residents currently help maintain the road by watching how trucks turn, by keeping
debris off the road and even sortie minor repairs. This would not be the case if they did not have
a direct relationship with the fund that maintains the road. The road is narrow and goes up around
a hill, it can not be brought up to any city standard without major impact on the houses and the
area. Most certainly many oak trees as well as other trees would be lost and the natural beauty of
the area destroyed.
Fifth, to establish a larger city wide assessment district requires a vote with 50 percent of all the
property owners in the district voting in favor, not fifty percent of those voting. I can't see you
getting much more than a fifty percent response much less a fifty percent positive vote. It is
much easier to accomplish assessment districts on a small scale where the benefit is directly
related to those voting than on large scale districts where people have trouble finding the direct
benefit to them. I speak from experience.
Sixth we are happy with the system the way it is and the majority indicate they would be in favor
of an increase in the $20.00 if necessary to properly maintain the road.
017
Attachment: B
Atascadero City Council
y February 13, 2001
February 9, 2001
This is in regards to the letter I received about dissolving the maintenance district of Lobos Lane.
As resident of Lobos Lane I disagree with this idea for several reasons.
One -Why change something that is working just fine.
Second - What would happen in the meantime? While you are looking into a city wide
assessment district if we were to need service?
r
Third-If you lump us,in with other streets we have no control over our funds. Because we are a
deadend street and fairly small, we would be left out. The other streets would have a higher
priority. Lack of maintenance would cause erosion which would put the beauty of our
neighborhood and houses at risk.
Fourth:If no district were created and the city took over the street, we would again lose our
beautiful neighborhood, many oaks would have to be removed to meet street standards.
So as I see it we lose with any other option than the current one. Why change?
Sincerely,
018
Attachment: C
FA,tascadero Ci ouncil
ebruarX 13,
Donald de la Guerra y Hartnell Bovee
1869 California Street Suite#5
'San Francisco, CA 94109-4542
E-Mail: don.bovee@worldnet.att.net
Voice: (415) 775-4141
Fax: (415) 775-4147
01/02/01
City of Atascadero
Department of Public Works
6500 Palma Avenue
Atascadero, CA 93422
Re: Street Maintenance Districts
Dear Members of the City Council:
I am in receipt of your letter to property owners regarding your intent to
desolve the Street Maintenance Districts. As you are aware there were
initial assessments for these roads being built. Since then there has been
little or no city maintenance of Lobos Lane and Encima over the years that
my family have owned property here. You now want to roll us in with all of
the other former non city maintained roads to a citywide assessment
district. Many of the local roads I have notice needs pothole and other
repairs.
I am protesting the dissolution of the Maintenance Districts at your
upcoming meeting. I believe this could lead to the door being opened for
the City of Atascadero to make severe changes to the current landscaping
and charm to all of the owners on Lobos Lane. We do not want anymore
traffic on these roads or to have them widened to suit a very limited
number of persons. We all have kept this neighborhood in an attractive
and well maintained state. I also understand that the monies contributed
to the fund still has several thousand dollars remaining. Please do not roll
j
hborhood in your proposed plan.
y yours,
v
Owner of 5650 Lobos Lane property-Atascadero, CA
019