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Home My WebLink AboutMinutes 100901 Approved October 23,2001 r.'Ni " on MINUTES AR 111970 ATASCADERO CITY COUNCIL MEETING TUESDAY, OCTOBER 09, 2001 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4t" Floor Atascadero, California PLANNING COMMISSION INTERVIEWS: 3:00 P.M. 1. Interview candidates 2. Select, by ballot, one citizen for the Planning Commission. Mayor Arrambide called the meeting to order at 3:00 p.m. ROLL CALL: Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Attorney Roy Hanley. PUBLIC COMMENT: None INTERVIEWS AND APPOINTMENTS: 1. Planning Commission ■ City Clerk recommendation Council interview the seven candidates and select, by ballot, one citizen to serve on the Planning Commission. The Council interviewed the seven candidates and appointed Tom O'Malley to fill the vacancy that will expire in February 2005. CC 10/09/01 Page 1 ADJOURNMENT: Mayor Arrambide adjourned the Interview Session at 5:30 p.m. to the Regular Session at 7:00 p.m. DINNER BREAK 5:30-6:30 P.M.: 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 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, Community Development Director Lori Parcells, Administrative Services Director Rachelle Rickard, Planning Services Manager Warren Frace, Public Works Director Steve Kahn, Police Chief Dennis Hegwood, Fire Captain Fred Motlo, and City Attorney Roy Hanley. 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. PRESENTATIONS: 1. Proclamation declaring October 2001, "Domestic Violence Awareness Month." Mayor Arrambide read the proclamation and presented it to Eileen Allan, Executive Director of the North County Women's Shelter and Resource Center. Ms. Allan thanked the Council for the proclamation and for their support. 2. Assistant City Manager Brady Cherry introduced Allan Baker, Atascadero's new Zoo Director. CC 10/09/01 Page 2 Mr. Baker thanked the Council and stated he is looking forward to working in Atascadero. 3. Mayor Arrambide announced that the Council has appointed Tom O'Malley to the position of Planning Commissioner for Atascadero. Mayor Arrambide introduced Mr. O'Malley and welcomed him to the Commission. COMMUNITY FORUM: Ann Ketcherside, stated there is a member of the Police Department that is a sex offender. Additionally, she indicated that there have been several women who have died under mysterious circumstances as well as a former employee of the City who is involved in disreputable activities. Ms. Ketcherside also expressed her opposition to the school being proposed on El Camino Real next to the Atascadero State Hospital. Marilyn Brown, 8455 Graves Creek Road, requested the Council adopt an ordinance to prohibit bow hunting within the City limits. Daphne Fahsing, read from a prepared statement urging the Council to expedite action on the bow hunting issue and requesting that Atascadero's Animal Ordinance be brought up to date. (Attachment A) Doug Milar, private investigator of violent crimes against children, expressed his concern with the proposed school to be constructed next to Atascadero State Hospital. Mayor Arrambide closed the Community Forum period. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Luna asked for a timeline on the issue of bow hunting. Mr. McKinney indicated that a hearing has been organized for Council Member Clay for November 14, from 5:00 to 7:00 at City Hall. Following that meeting a draft ordinance would be returned to the Council for review. Council Member Clay urged all citizens to participate in the activities this weekend for Colony Days. A. CONSENT CALENDAR: 1. City Council Minutes—Special Meeting - September 17, 2001 ■ City Clerk recommendation: Council approve the City Council minutes of September 17, 2001. [City Clerk] 2. City Council Minutes— Special Meeting - September 24, 2001 ■ City Clerk recommendation: Council approve the City Council minutes of September 24, 2001. [City Clerk] CC 10/09/01 Page 3 3. City Treasurer's Agenda Report- August 2001 ■ City Treasurer recommendation: Council review and accept the August 2001 Treasurer's Report. [City Treasurer] 4. Acceptance of Final Parcel Map 2001-0015 /AT 01-014 - (3475 Maricopa Road - Brebes /Wilson Land Surveys) ■ Fiscal Impact: None ■ Staff recommendations: Council: 1. Accept the Final Parcel Map 2001-0015 (AT 01-014); and 2. Reject without prejudice, the public utility easement (P.U.E.) shown on Final Parcel Map 2001-0015. [Community Development] 5. Teen After-School Program - Agreement with San Luis Obispo County ■ Fiscal Impact: None. The County of San Luis Obispo will provide the City of Atascadero $40,000.00 during Fiscal Year 2001-2002 to fund after-school recreation programs for teens on the campus of Atascadero Junior High School. ■ Staff recommendation: Council authorize the City Manager to execute an agreement with the County of San Luis Obispo Department of Social Services to fund the Recreation, Education and Community (R.E.C.) program for fiscal year 2001-2002. [Community Services] Council Member Clay requested that Item#A-2 be pulled. MOTION: By Council Member Johnson and seconded by Council Member Clay to approve Items #A-1,3, 4 and 5. Motion passed 5:0 by a roll-call vote. (Item #A-5 Contract No. 2001- 034) Council Member Clay requested amendments to the Minutes of September 24, 2001 to clarify his comments. City Clerk Marcia McClure Torgerson indicated that she would consult the tape recording of the meeting and clarify Council Member Clay's comments where is indicated. Council Member Clay also requested that his presentation materials from the September 24th meeting be attached to the Minutes. MOTION: By Council Member Clay and seconded by Council Member Johnson to approve Item#A-2 as amended. Motion passed 5:0 by a roll-call vote. B. PUBLIC HEARINGS: 1. Zone Change 2001-0016, Conditional Use Permit 2001-0046, Tentative Parcel Map 2001-0019 (AT 01-195) - 5725 Portola Road(Messer/Vaughan Surveys) [THIS ITEM HAS BEEN CONTINUED TO A FUTURE COUNCIL MEETING] CC 10/09/01 Page 4 C. MANAGEMENT REPORTS: 1. Atascadero Road Program III ■ Fiscal Impact: Trench Repair Program - There will be some administration costs in setting up the program. Once the program is set up the parties requesting the Trench Cut would pay for all costs. Assessment Districts - There would be costs to the City. This would depend on how many Assessment Districts were requested and how many were approved. ■ Staff recommendations: Council: 1) Receive the update on the Atascadero Public Works Department Actions; and 2) Introduce for first reading by title only, the draft Ordinance amending Chapter 15, of the Atascadero Municipal Code, relating to trench cuts; and 3) Approve the Assessment District Program. [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of Council. PUBLIC COMMENT Ann Ketcherside, stated she is opposed to spending City money on roads when we haven't finished a Youth Center. Mayor Arrambide closed the Public Comment period. MOTION: By Council Member Johnson and seconded by Council Member Clay to receive the update on the Atascadero Public Works Department Actions. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Clay and seconded by Council Member Luna to introduce for first reading by title only, the draft Ordinance amending Chapter 15, of the Atascadero Municipal Code, relating to trench cuts. Motion passed 5:0 by a roll-call vote. A lengthy discussion ensued regarding the Assessment District Program. MOTION: By Council Member Johnson and seconded by Council Member Luna to approve the Assessment District Program including 60% of affected property owners signing the petition, a process to inform residents, before signing the petition, of an estimate of their proposed annual costs including maintenance, plus an annual report to the Council including the cost to the City. Motion passed 5:0 by a roll-call vote. CC 10/09/01 Page 5 2. Traffic Way Closure ■ Fiscal Impact: None ■ Staff recommendation: Council authorize the Public Works Director to temporarily close Traffic Way for the construction of the public improvements as needed for public safety and construction operations. [Public Works] Public Works Director Steve Kahn introduced the applicant who discussed the road closure request. Russ Thompson, R. Thompson Consulting, Civil Engineer,representing Bob Shannon, explained the difficulties the contractors have encountered and asked the Council to approve the road closure so they can complete the work before the rainy season. Mr. Thompson answered questions of Council. MOTION: By Council Member Johnson and seconded by Council Member Luna to approve staffs recommendation with a 60-day stipulation. Motion passed 5:0 by a roll-call vote. D. COMMITTEE REPORTS: Council Member Clay Air Pollution Control District (APCD): Discussed the controversy over the appropriation of funds to a church for a chipper to be used in a specific area in Nipomo, and came to a decision to go along with the action as it was being used for the community. There is a smoke management ordinance that is being worked on which is State wide and will encourage burning as controlled burns are more beneficial than allowing brush accumulate. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Clay thanked the Council for their support for the youth programs. City Treasurer Invited everyone to the Lion's Club Breakfast, Saturday, 6:30 p.m. at the Junior High School. Mayor Arrambide announced that Mayor Pro Tem Scalise has been appointed as representative to the EVC. Public Works Director Steve Kahn announced that the free residential garbage clean up day would be October 20, 2001, notice will be sent out shortly. CC 10/09/01 Page 6 F. ADJOURNMENT: Mayor Arrambide adjourned the meeting at 8:40 p.m. to the next regularly scheduled meeting on October 23, 2001. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk Attachment A—Daphne Fahsing CC 10/09/01 Page 7 Attachment : A Atascadero City Council Mtg. 10-9-01 To: City Council Tuesday, Oct .9, 2001 From: Daphne Fahsing Tel : 466-9299 Now that you have a respite from the General Plan, I 'd like to ask you to consider early action on the bow and arrow issue, which I brought to your attention Sept.,W.//. Also, I 'm asking that our ordinance on Animals be brought date to conform more closely with the County Title 9 Animal ordinance. What I 'd like to do, with your consent, is to go over the two ordinances with a staff member, to compare the differences and changes, and come back to you with recommendations for updating Atascadero's ordinance. There are several instances, including the new law requiring longer holding of animals before offering up for adoption or euthanasia; and deletion of the limit on the number of animals allowed in a household. This particular section of the ordinance is not enforced, , cannot be enforced, and would be corrected when and' if complaints are received. May 'I use this as my official request? Thank you. 033