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Home My WebLink AboutMinutes 022701 Approved March 13,2001 ®� MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY, FEBRUARY 27, 2001 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4th Floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. REGULAR SESSION: 7:00 P.M.: Mayor Arrambide called the meeting to order at 7:00 p.m. and Council Member Johnson 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 and City Treasurer David Graham Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Administrative Services Director Rachelle Rickard, Police Chief Dennis Hegwood, Acting Fire Chief Kurt Stone, Public Works Director Steve Kahn, Community Services Manager Geoff English, Acting Community and Economic Development Director Warren Frace and City Attorney Roy Hanley. APPROVAL OF AGENDA: MOTION: By Council Member Johnson and seconded by Council Member Luna to approve the agenda. Motion passed 5:0 by a roll-call vote. CC 02/27/01 Pagel PRESENTATIONS: 1. Proclamation declaring March 2001, "Grand Jury Month." Phyllis Heath, of the San Luis Obispo County Grand Jury, accepted the proclamation. 2. Presentation: Tree City USA Bruce Bonifas, President of the Atascadero Native Tree Association, accepted the proclamation. COMMUNITY FORUM: Carol Ball, 7070 Marchant Avenue, representing the Atascadero Association of Realtors and the Government Affairs Committee, spoke on the issue of the General Plan Update. She read from a report prepared by the Government Affairs Committee stating their recommendations to the City. Rusty Risch, 10518 Cuesta Court, representing the Coalition for Decency, spoke about his concerns with the sexually oriented business ordinance in Atascadero and encouraged the City to remain resolute in their enforcement of the ordinance. Raymond Jansen, 6655 Country Club Drive, expressed his feelings about the spiritual qualities of character that make a good community. Myra Douglass, 8005 El Retiro Avenue, representing Amigos De Anza, asked that the community remember that March 4th has officially been proclaimed De Anza Day in Atascadero, to be commemorated and celebrated annually. Richard Hill, 8400 San Gabriel, read a prepared statement concerning his opposition to City and County laws concerning animal control. Carol Ball, 7070 Marchant Avenue, continued reading her report. John Bradley, 4475 San Jacinto, stated that he came to this meeting thinking the issue of the sexually oriented business ordinance review would be discussed and inquired when the issue would be before the Council. Richard Hill, 8400 San Gabriel, continued reading his prepared statement. Ames Almandorff, 11505 Salinas Road, expressed his opposition to Diamond Adult World's presence in the community. He encouraged the Council to do everything they can to remove Diamond's from Atascadero. Mayor Arrambide closed the Community Forum. CC 02/27/01 Page 2 COUNCIL ANNOUNCEMENTS AND REPORTS: 1. 3F Meadows Open Space Proposal ■ Staff recommendation: Council adopt draft Resolution supporting the purchase of 770 acres in 3F Meadows by the Atascadero Land Preservation Society. [City Manager's office] City Manager Wade McKinney gave the staff report. PUBLIC COMMENT Bruce Bonifas, 5735 San Pedro, read a prepared statement supporting ALPS in their efforts and encouraged the City Council to use available tree funds for the preservation of this property. Doug Chisholm, Atascadero, expressed his support for ALPS' efforts to acquire the 3F Meadows extension. Dave Highland, 7275 Carmelita, stated his support for the preservation of this property as open space. Eric Greening, 6600 Lewis Ave., suggested the City and ALPS work together on preserving this property as open space. He feels the City should use their good name to leverage every possible type of grant funding for this project. Bettina and Alvin Salter, 14080 San Antonio Road, expressed in a prepared statement read by Robert Phemister, 7109 San Gregorio Road, their support of ALPS' efforts to raise money and purchase the open space. (see Attachment A) Fred Frank, 3615 Ardilla, stated that his mother passed away last week. She had planned on attending this meeting and expressing her support for the preservation of open space in Atascadero. Mr. Frank also expressed his support for ALPS' efforts to acquire this property. Marilyn Brown, 8455 Graves Creek Road, stated she supports the preservation of this property as open space. Marge Mackey, Chairman of ALPS, gave the Council pictures of the property and asked for the Council's support of their project. She raised the question of transfer of development rights and whether there is not somewhere else in the City where the proposed developer of this site could build his homes. Livia Kellerman, 5463 Honda, encouraged the Council to support the efforts of ALPS to protect this property any way they can. Vickie Rayburn, 11705 Santa Lucia, said that the wildlife in this area should be given consideration in this issue. Mayor Arrambide closed Public Comment. Council Member Johnson stated that he supports this acquisition if the parties are willing, even though it will require a major change to the General Plan. He expressed concern with the use of CC 02/27/01 Page 3 the City's tree fund monies, as there are many questions that still need to be answered. Additionally, he feels the issue of ownership and maintenance of the property must be addressed. Council Member Clay stated that he respects what ALPS is trying to do but he cannot support the Resolution. He explained that there are many charitable organizations in Atascadero that have a greater need for funds, and the City should not involve City funds in the acquisition of property for open space. He prefers other methods of funding such as transfer of development credits or doing a partial development and selling the balance of the development credits, which would pay for the balance of the open space. Mayor Pro Tem Scalise said that she agrees with Council Members Clay and Johnson. She explained that she does not support the City assisting in the funding of this project. Council Member Luna expressed his support of the Resolution stating that the General Plan and the Atascadero Smart Growth Principles support it. In referring to the Resolution, he suggested that item #2 be amended to read, "The City Council supports the effort and will take reasonable steps including a possible pledge of tree fund money to assist ALPS in the funding and development of this project." He encouraged the Council and the public to support ALPS' efforts. Mayor Arrambide stated he has questions, such as public access to existing property that ALPS has participated in. He feels the draft Resolution needs changes and would like to see the first WHEREAS extended to read, "WHEREAS the Atascadero Land Preservation Society (ALPS) is working to acquire 770 acres on the 3F Meadows area for the purpose of public use and conservation." Additionally, he would like item #1 to read, "The City Council encourages all community members to join in the effort with ALPS to purchase the property for open space and ultimate public use." In item #2 Mayor Arrambide stated he is uncomfortable with the issue of reasonable financial assistance by the City to ALPS. Council Member Luna stated that there were other players involved in this issue in addition to ALPS. Mayor Pro Tem Scalise agreed and felt that the Resolution is premature based on issues raised by Mayor Arrambide. She feels that there is a community trust that the use of this property be for the good of all. She also said that she feels the Council has an obligation to the entire electorate to let the eventual disposition of the property be worked out on its own at which time the Council could become involved with preservation issues. Council Member Luna made a motion that the Council adopt the draft Resolution amended as follows: Item #2. The City Council support the effort and will take reasonable steps including a possible pledge of tree fund money to assist ALPS in the funding and development of this rp oject. There was no second to this Motion. Council Member Johnson expressed his concern with the financial support aspect of this Resolution. Council Member Luna suggested they pass the Resolution as originally presented by City staff. Mayor Arrambide asked if"reasonable steps"could be construed as mandatory. CC 02/27/01 Page 4 Council Member Clay reiterated his concern that there were many good causes in the community and he does not feel the City should single out this one cause. MOTION: By Council Member Johnson and seconded by Council Member Luna to adopt the draft Resolution as presented with the following amendment: Item #2. The City Council supports the efforts and will take reasonable steps to assist ALPS in the funding and development o this project. Motion passed 3:2 by a roll call vote. (Council Members Clay and Scalise voted no.) (Resolution No. 2001-007) Mayor Arrambide declared a recess at 8:36 p.m. Mayor Arrambide reopened the Council meeting at 8:48 p.m. A. CONSENT CALENDAR: 1. City Council Minutes— Special Meeting - February 8, 2001 ■ City Clerk recommendation: Council approve the City Council minutes of February 8, 2001 [City Clerk] 2. City Council Minutes—February 13, 2001 ■ City Clerk recommendation: Council approve the City Council minutes of February 13, 2001 [City Clerk] 3. Acceptance of Phase 2 of Final Tract Map 98013 / Tract 2317 — 3900 Traffic Way (Shores/Wilson Survey/RTC) ■ Fiscal Impact: Negligible: City already maintains Traffic Way ■ Staff recommendation: Council accept Phase 2 of Final Tract Map 98013 / Tract 2317 including the dedication of lot 41 for Public Park purposes and a portion of Traffic Way for public acceptance. [Community Development] 4. Annual Disadvantaged Business Enterprise Goal ■ Fiscal Impact: None ■ Staff recommendation: Council adopt annual Disadvantaged Business Enterprise (DBE)participation goal. [Public Works] 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. B. PUBLIC HEARINGS: None CC 02/27/01 Page 5 C. MANAGEMENT REPORTS: 1. 2000 Audit Report—Review and accept ■ Staff recommendation: Council review and accept the audit report for the fiscal year ended June 30, 2000. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council PUBLIC COMMENT Eric Greening, 6600 Lewis Ave., expressed his concern with what he perceives to be the hasty decisions being made by the State regarding energy. He would like to see an organized effort by local government to protect its fiscal position in the State. Mayor Arrambide closed Public Comment. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Scalise to review and accept the audit report for the fiscal year ended June 30, 2000. Motion passed 5:0 by voice vote. 2. Mid-Year Budget Review ■ Fiscal Impact: Revenue Increase of $240,000. Additional Appropriations of $249,460 ■ Staff recommendation: Council adopt draft Resolution amending the 2000-01 Budget (Resolution No. 2000-027) [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council. PUBLIC COMMENT: None MOTION: By Council Member Luna and seconded by Council Member Johnson to adopt the draft Resolution amending the 2000-01 Budget (Resolution No. 2000-027). Motion passed 5:0 by a roll call vote. (Resolution No. 2001-008) 3. Youth/Community Center Site Options ■ Approval of this recommendation will result in the availability of an additional one million dollars of external funds for this project. ■ Staff recommendation: Council direct staff to prepare and bring back a draft agreement with the San Luis Obispo County Office of Education for a partnership to construct and operate a Youth/Community Center on the grounds of the El Camino Real Continuation School and prioritize the remaining potential building sites. [Community Services] Assistant City Manager Brady Cherry gave the staff report and answered questions of Council. CC 02/27/01 Page 6 PUBLIC COMMENT George Dodge, 5670 Lobos Lane, expressed his support for staff's recommendation and encouraged the Council to approve this proposal. Eric Greening, 6600 Lewis Avenue, stated that he feels a downtown location is preferable. He asked if the public transit service would expand their hours to accommodate this proposed proj ect. Rick Mathews, 6915 Navarette Avenue, recommended the Council approve the staff's proposal. Sandy Mathias, 4516 Yerba, a member of the Youth Task Force, thanked the City staff for their efforts in finding a way to make the community's desires a reality. Joan O'Keefe, 9985 Old Morro Road East, stated she has concerns about parking and the accessibility of this site. She feels the downtown area is a better site for the project. Barbie Butz, 3370 San Fernando Road, said she is concerned that the other Parks and Recreation Commissioners are not aware of this new proposal. She expressed her support but asked that a special meeting be scheduled for the Commission. Juana Adams, Atascadero Youth Task Force, pointed out to the Council that this would be a community school, not a continuation school. She feels this raises issues regarding the type of students at the site. Mike Zappas, 8189 San Dimas Lane, said that he is building an apartment building behind this site. He stated that he has visited schools similar to the one proposed for this site and feels they are very well regulated. In speaking with the neighbors at these sites he has found that there were never any problems with the students attending the schools. Mayor Arrambide closed Public Comment. Mayor Pro Tem Scalise recommended that the Parks and Recreation Commission be contacted regarding this issue. Assistant City Manager Cherry stated that an informational package could be delivered to the Commission tomorrow. MOTION: By Council Member Clay and seconded by Council Member Luna to direct staff to prepare and bring back a draft agreement with the San Luis Obispo County Office of Education for a partnership to construct and operate a Youth / Community Center on the grounds of the El Camino Real Continuation School and prioritize the remaining potential building sites. Motion passed 5:0 by a roll call vote. 4. Information Bulletin CC 02/27/01 Page 7 p D. COMMITTEE REPORTS: Mayor Arrambide SLO Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority(SLORTA): Will be meeting next week. Council Member Luna Integrated Waste Management Authority (IWMA): The IWMA will consider adding one representative from the community on the second Wednesday in March. Council Member Johnson Economic Vitality Corporation, Board of Directors (EVC): The State Commerce Department is sending a trade mission to Japan and EVC will be covering it to give exposure to companies here. He will be going to Japan next week with the mission. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Attorney Hanley He reported that the City has prevailed on the lawsuit filed by Mr. Terrill Graham. F. ADJOURNMENT: Mayor Arrambide adjourned the meeting at 10:09 p.m. to the next regular session on March 13, 2001, at 7:00 p.m. MEETING RECORDED AND MINUTES PREPARED BY: Ma'4 t-7 V7 4 W-1- Marcia McClure Torgerson, City Clerk 0 Attachment A—Prepared statement of Alvin& Bettina Salter CC 02/27/01 Page 8 February 27, 2001 ATTACHMENT A February 25, 2001 To: Atascadero City Council Members Dear Sir or Madam: We wish to entreat you to support the Atascadero Land Preservation Society's efforts to raise money and purchase the open space. This will be a wonderful asset to the City of Atascaderol We all'wish to continue to live in this great place and keep it great--what better way than to put our money where our mouths are and buy open space land for the enjoyment of our children, grandchildren and 100 generations to come. Houses, shopping malls, roads and freeways only last a few generations but the land lasts forever. Please hear our request and support the Atascadero Land Preservation Society with your votes and support. Sincerely, Bettina H. Salter Al in J. Salter 14080 San Antonio Road Atascadero CA 93422