HomeMy WebLinkAboutMinutes 102301 Approved November 13,2001
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MINUTES
ATASCADERO CITY COUNCIL MEETING
TUESDAY, OCTOBER 23, 2001
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
1) Conference with legal counsel - Pending litigation(Govt. Code Sec. 54956.9)
Name of Case: Kimberly&Adam Miramon v. Home Depot USA
(The federal court case number is not available.)
2) Conference with legal counsel - Existing litigation(Govt. Code Sec. 54956.9(a))
Name of Case: Diamond v City of Atascadero
City Attorney Roy Hanley announced there was no reportable action taken.
REGULAR SESSION, 7:00 P.M.:
Mayor Arrambide called the meeting to order at 7:14 p.m. and Mayor Pro Tem Scalise 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 Treasurer David Graham
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry,
Planning Services Manager Warren Frace, Community Services Manager
Geoff English, Technology Director Andrew Fruin, Police Chief Dennis
Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley.
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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 November 4-10, 2001, "Animal Shelter Appreciation Week."
Mayor Arrambide read the proclamation and presented it to Alicia Morin, representative of the
North County Humane Society.
Alicia Morin thanked the Council for this recognition. She introduced Daphne Fahsing, founder
of the North County Humane Society and Action for Animal Rights. Ms. Morin announced that
the week of November 4 through 10 would be celebrated county wide through the San Luis
Obispo County Animal Coalition. On November 4th there will be open houses at four shelters in
the County from noon until 4:00 p.m. and the public are invited to attend.
COMMUNITY FORUM:
Daphne Fahsing, asked the Council if she could go over the City Animal Control Ordinance with
a City staff member in order to make recommendations for updating that ordinance.
Amy Woodard, asked if city maintained streets or non-city maintained streets would be included
in the downtown assessment district.
Bob Kirk, advocate for the disabled, stated his concerns with the County system and spoke of the
Grand Jury investigation of the Department of Social Services last year. He encouraged anyone
with information or concerns regarding the DSS to go to the current Grand Jury, which is also
looking into this issue.
Doug Millar, expressed his opposition to the building of a school next to the Atascadero State
Hospital and his concerns with violence against children.
Bob Kirk, told the Council the children Mr. Millar spoke of were residents of the City of
Atascadero in foster care for a short period of time.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Arrambide thanked Marcia, Barbara and Cheryl in the City Manager's office for their
"heroic efforts" in getting the Council on bicycles during the Colony Days Parade.
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Mayor Arrambide asked for an update on the fee study report. Assistant City Manager Brady
Cherry stated that for the past few months the City has been working on information for the
facilities master plan, upon which the development impact fees will be based. Because of the
delay in the General Plan Update approval, they will be using information from the current
General Plan and then will update the fee study report once the Update is passed. It will take a
couple of months before the report is wrapped up.
Council Member Luna asked if the City is monitoring the clean up of the creek behind Action
Towing. Planning Services Manager Frace stated that it is an active code enforcement case and
the property owner has been notified that vehicles and other debris need to be removed from the
creek and pulled back from the creek bank so other items do not fall into the creek in the future.
The City will continue to monitor the situation to ensure that the property owner is in compliance
before the rainy season.
A. CONSENT CALENDAR:
1. City Council Minutes—September 25, 2001
■ City Clerk recommendation: Council approve the City Council minutes of September
25, 2001. [City Clerk]
2. City Council Minutes—October 9, 2001
■ City Clerk recommendation: Council approve the City Council minutes of October 9,
2001. [City Clerk]
3. September 2001 - Accounts Payable and Payroll
■ Fiscal Impact: $921,883.84
■ Staff recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for September 2001. [Administrative Services]
4. Trench Cut Ordinance
■ 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.
■ Staff recommendations: Council introduce for second reading by title only, and
adopt the draft Ordinance amending Title 7, Public Works, Chapter 15,
Encroachments on Public Property, of the Atascadero Municipal Code by adding
Article 15, Trench Cuts. [Public Works]
5. Traffic Signal Interconnect Design/Traffic Signal Synchronization Project
■ Fiscal Impact: $36,405.00
• Staff recommendation: Council authorize the City Manager to execute an agreement
with Omni Means, Ltd. to design the Traffic Signal Interconnect and Traffic Signal
Synchronization with a maximum design expenditure of$36,405.00. [Public Works]
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6. 2001 Local Law Enforcement Block Grants Program
■ Fiscal Impact: None
■ Staff recommendation: Council authorize 2001 Local Law Enforcement Block Grant
funds be allocated for the purchase of specialized police equipment. [Police]
Mayor Arrambide announced that Item#A-4 will be continued to a future date. Council Member
Luna asked that Item#A-3 be pulled. Council Member Clay asked that Item#A-5 be pulled.
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve Consent Calendar Items #A-1,2 and 6.
Motion passed 5:0 by a roll-call vote.
ITEM #A-3: Council Member Luna referred to page 43, Pacific Gas & Electric figures, and
requested feedback at a future meeting on how the City did on saving energy, especially over the
summer months.
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve Consent Calendar Item#A-3.
Motion passed 5:0 by a roll-call vote.
ITEM #A-5: Council Member Clay inquired how the Highway 41 intersection would work.
Public Works Director Steve Kahn stated that when the City does a single interconnect project,
they always coordinate with Cal Trans. The signals will be coordinated up and down El Camino
Real and will tie in with the signal at Highway 41/El Camino Real; they will all be triggered off
of this signal.
MOTION: By Council Member Clay and seconded by Council Member Johnson
to approve Consent Calendar Item#A-5.
Motion passed 5:0 by a roll-call vote. (Contract No. 2001-042)
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)
• Fiscal Impact: The project would likely have a slight negative impact on City
revenues. As a general rule, single-family dwellings require services that exceed the
revenue generated by the dwelling.
• Staff recommendation:
1. Council reject, without prejudice, a 25 foot easement for public road purposes.
• Planning Commission recommendations: Council:
2. Adopt the Draft Resolution certifying proposed Negative Declaration 2001-0028;
and,
3. Introduce for first reading by title only, the draft Ordinance approving Zone
Change 2001-0016 amending the City's Municipal Code to create a new Planned
Development 16 Overlay District; and,
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4. Introduce for first reading by title only, the draft Ordinance approving Zone
Change 2001-0016 amending the City's Official Zoning Map to add a PD 16
overlay district to APN 054-022-033; and,
S. Adopt the Draft Resolution approving the Master Plan of Development for the
proposed PD-16 (CUP 2001-0046) subject to findings and conditions of
approval; and,
6. Adopt the Draft Resolution approving Tentative Parcel Map 2001-0019 subject to
findings and conditions of approval. [Community Development]
Planning Services Manager Warren Frace gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Ursula Luna, Atascadero, asked for clarification on the calculation of the lot sizes and its future
effect on future subdivisions.
Cindy Sajer, Allemonde Lane, expressed her opposition to this subdivision.
Mayor Arrambide closed the Public Comment period.
Council Member Luna stated he couldn't support this project because in Condition #3 it states
the Planning Commission has the final authority to approve changes; he feels this is a fatal error.
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to reject without prejudice, a 25-foot easement for public road
purposes.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Johnson and seconded by Council Member Clay
to adopt the Draft Resolution certifying proposed Negative
Declaration 2001-0028.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-038)
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to introduce an ordinance for first reading to approve Zone
Change 2001-0016 amending the City's Municipal Code to create a
new Planned Development 16 Overlay District with the following
amendment:
• Page 88, Exhibit A: Addition of Item (7) The entire Planned
Development density shall be used to calculatr........genera
neighborhood character of future subdivisions in the vicinity.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
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MOTION: By Council Member Johnson and seconded by Council Member Clay
to introduce an ordinance for first reading to approve Zone Change
2001-0016 amending the City's Official Zoning Map to add a PD 16
overlay district to APN 054-022-033.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to adopt the Draft Resolution approving the Master Plan of
Development for the proposed PD-16 (CUP 2001-0046) subject to
findings and conditions of approval with the following amendment:
• Page 94, SECTION 1., Findings: Addition of Finding Ident'f
he open space areas for the public benefit.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Resolution No. 2001-039)
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to adopt the Draft Resolution approving Tentative Parcel Map
2001-0019 subject to findings and conditions of approval with the
following amendments:
• Page 100, Section 1., Findings: Addition of Finding it In order to
sure orderly development, improvement plans shall bg require
prior to final map.
• Page 104, Conditions of Approval: 12. All public improvements
shall be constructed or bonded for in conformance with the City of
Atascadero Engineering Department Standard Specifications and
Drawings or as diveeted a r v by the City Engineer r�ior to
final map.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Resolution No. 2001-040)
C. MANAGEMENT REPORTS:
1. Storm Drain Construction and Easement Acceptance - APN#028-361-002 (Garrison)
■ Fiscal Impact: $14,206 00
■ Staff recommendation: Council:
L Approve payment of $14,20600 to Wilson Excavating and Grading for the
removal and relocation of a storm drain; and
2. Accept the "Offer to Dedicate"a storm drain easement over the new storm drain.
[Public Works]
Public Works Director Steve Kahn 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 approve payment of $14,206.00 to Wilson Excavating and
Grading for the removal and relocation of a storm drain, and accept
the "Offer to Dedicate" a storm drain easement over the new storm
drain.
Motion passed 5:0 by a roll-call vote.
2. Draft Atascadero Lake Park Master Plan
■ Fiscal Impact: Adoption of this draft will have no immediate fiscal impact. The
estimated construction costs to complete the entire plan is 2.8 million dollars. The
estimated annual maintenance and operational costs if the entire plan is constructed
is $52,000.00 per year.
■ Staff recommendation: Council approve the draft Resolution adopting the
Atascadero Lake Park Master Plan. [Community Services]
Assistant City Manager Brady Cherry gave the staff report and introduced Casey Anderson,
consultant of CJP Productions.
Casey Anderson, CJP Projections explained in detail the proposed Master Plan.
Community Services Manager Geoff English explained the projected costs involved in
implementing the Lake Master Plan.
All the presenters answered questions of the Council.
PUBLIC COMMENT
Daphne Fahsing, stated she supports this Master Plan and commends the Parks & Recreation
Commission on their listening to the public.
Joan O'Keefe, 9985 Old Morro Road East, suggested improvements to the dog waste facilities
around the Lake. She also asked if the City owns any property on the residential side of
Lakeview, and if it does, are there any plans for that property. Mrs. O'Keefe questioned where
the City was with deferred maintenance, and how much remains to be done.
Ursula Luna, Atascadero, asked where the storage yard would be located.
Mayor Arrambide closed the Public Comment period.
Council Member Clay stated that he liked the entire Lake Plan and commended the staff for
doing an outstanding job. He requested consensus that operating costs would come forward at
budget time each year so that Council could deal with it.
Council Member Johnson underscored that as the operating costs come forward, they must be
looked at as well as resources for the ongoing costs.
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MOTION: By Council Member Luna and seconded by Council Member Clay to
approve the Draft Resolution adopting the Atascadero Lake Park
Master Plan.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-041)
D. COMMITTEE REPORTS:
Mayor Arrambide
1. Water Committees: North County Water Purveyors group hosted an attorney and his
client who represent the upper Salinas Valley. Major areas of contention regarding water
rights were discussed.
2. County Mayor's Round Table: City of Atascadero hosted the meeting at the Lake
Pavilion.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Arrambide asked for a representative from the Council to attend a fundraising event to
benefit the Women's Shelter and the Paso Robles Youth Foundation. Mayor Pro Tem Scalise
volunteered.
Council Member Luna stated that Senator O'Connell asked him to thank the Council for his
Atascadero shirt and for their kind and humorous comments.
Council Member Johnson commented on the redistricting process.
City Manager
Mr. McKinney explained to the Council the steps management is taking to insure safety in the
workplace as a result of the recent terrorist attacks.
F. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 10:00 p.m. to the next regularly scheduled meeting
on November 13, 2001.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure forgerson, City Clerk
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