HomeMy WebLinkAboutMinutes 091002 Approved September 24,2002
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C/TY OF A TA SCA DERO
CITY COUNCIL
MINUTES
TUESDAY, SEPTEMBER 10, 2002
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION:
Mayor Arrambide called the meeting to order at 7:04 p.m. and led the Pledge of
Allegiance.
ROLL CALL:
Present: Council Members Luna, Clay, Scalise and Mayor Arrambide
Absent: Council Member Johnson
Others Present: City Clerk Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Administrative Services Director Rachelle Rickard,
Community Development Director Warren Frace, Associate Civil
Engineer Jeff van den Eikhof, Police Chief Dennis Hegwood, Fire
Chief Kurt Stone and City Attorney Roy Hanley.
City Manager Wade McKinney introduced Meredith Hendrickson, the new Central
Receptionist in charge of the customer service center on the first floor of City Hall.
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APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member Clay
to approve the agenda.
Motion passed 4:0 by a roll-call vote.
PRESENTATIONS:
1. Training award plaques by Fire Chief Kurt Stone
Fire Chief Stone presented Keith Aggson, Bill White and Gene Hicks with training
awards bestowed by the State of California through the Joint Apprenticeship
Committee.
2. Employee Service Awards by City Manager Wade McKinney
City Manager McKinney, along with Mayor Arrambide, presented five-year service
awards to Administrative Services Director Rachelle Rickard, Administrative
Secretary Cathy Beach and Fire Engineer Gene Hicks. Fifteen-year service awards
were presented to Fire Chief Kurt Stone, Fire Captain Tom Way, Support Services
Supervisor Ann Banks, Police Sergeant Kim Treece, and Support Services
Technician Richard Dutra.
3. Proclamation declaring September 11, 2001 Observance
Mayor Arrambide presented the proclamation to Fire Chief Stone and Police Chief
Hegwood.
City Manager McKinney explained the ceremony planned for September 11 th at
6:30 p.m. on the steps of City Hall.
COMMUNITY FORUM:
Joan O'Keefe, 9985 Old Morro Road East, expressed her concern in a prepared
statement, with the lack of enforcement of the Tree Ordinance at the Santa Ysabel
Avenue project of Kelly Gearhart, which led to the severe injury of a large white
oak tree on the property.
Council Member Luna asked staff if the tree Ms. O'Keefe is referring to was to be
protected. Community Development Director Frace responded, yes and showed
the Council a site plan of the project and explained the arborist report.
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Richard Moen, Portola Road, thanked the Council for repaving Portola last year and
encouraged the Council to include bike lanes in the future when repaving City
roads.
Alicia Moran, 8370 Azucena Avenue, North County Humane Society, invited
Council to a dedication Ceremony at the Atascadero Main Post Office on Friday,
September 201h, 11 :00 a.m., to commemorate the newly issued United States
Postal Service 37-cent first class Spay/Neuter stamp.
Daphne Fahsing, asked the Council in a prepared statement to have their meetings
televised. She stated that the radio broadcasts of the meeting are only heard
during the actual meeting; however, television broadcasts would be repeated two
or three times a week and tapes would be available at all times in the Atascadero
Library. (Exhibit A)
Joan O'Keefe, spoke in follow-up to her earlier comments. She stated that at the
Planning Commission meeting she was assured that the fencing on the Santa
Ysabel project would be at the drip line. Originally only 25% of the drip line had
fencing; since that time the fencing has been expanded, but there has also been
encroachment and grading near the tree. Mrs. O'Keefe made the point that the
Arborist's Report as submitted was not workable.
Mayor Arrambide closed the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Luna announced that he had requested from staff a listing of how
many PD-7 developments have been approved in the past in Atascadero. Staff had
responded to this request by stating they could not give an answer without doing
research. Council Member Luna indicated he has decided to work with Housing
and Community Development (HCD) on the State level as well as the Department
of Finance to develop some numbers that will give an idea of how the lack of
affordable housing in Atascadero occurred.
A. CONSENT CALENDAR:
1. City Council Minutes — June 25, 2002
■ City Clerk recommendation: City Council approve the City Council minutes of June 25,
2002. [City Clerk]
2. City Council Minutes — July 9, 2002
• City Clerk recommendation: City Council approve the City Council minutes of July 9,
2002. [City Clerk]
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3. City Council Minutes - August 13, 2002
■ City Clerk recommendation: City Council approve the City Council minutes of August
13, 2002. [City Clerk]
4. June Disbursements - June 2002 Accounts Payable & Payroll
■ Fiscal impact: $1,380,554.06
■ Staff recommendation: City Council approve certified City accounts payable, payroll and
payroll vendor checks for June 2002. [Administrative Services]
5. July Disbursements - July 2002 Accounts Payable & Payroll
■ Fiscal impact: $1,007,013.38
■ Staff recommendation: City Council approve certified City accounts payable, payroll and
payroll vendor checks for July 2002. [Administrative Services]
6. Adoption of Annual DBE Goals
■ Fiscal impact: Staff time to monitor DBE program
■ Staff recommendation: Council adopt annual Disadvantaged Business Enterprise (DBE)
participation goal. [Public Works]
7. Final Parcel Map 2002-0039 (Tract Map 2446) [TTM 2001-00101 - 7250
Santa Ysabel Ave. (Gearhart)
■ Fiscal impact: None.
■ Staff recommendation: City Council:
1. Accept Final Tract Map 2002-0039 (Tract Map 2446)
2. Reject offer of dedication for Public Utilities Easements
3. Accept 25-foot offer of dedication for streets on Santa Ysabel
4. Authorize City Manager to execute Subdivision Improvement Agreement
[Public Works]
8. Final Parcel Map - 2002-0043 (Parcel Map ATAL 98-0207) - [LLA 2001-
0030] 9290-9330 Vista Bonita (Frederick)
■ Fiscal impact: None.
■ Staff recommendation: Council accept Final Parcel Map 2002-0043 (Parcel Map ATAL
98-0207). [Public Works]
9. 2002/2003 Local Law Enforcement Block Grants Program
■ Fiscal impact: None. (The City's required 10% match of funds will be met through the
ongoing purchase of specialized police equipment.)
■ Staff recommendation: Council authorize 2002/2003 Local Law Enforcement Block
Grant funds be allocated for the purchase of specialized police equipment. [Police]
Mayor Arrambide pulled Consent Calendar Item #A-8 and Council Member Luna
pulled Item #A-7.
MOTION: By Council Member Luna and seconded by Council Member Clay
to approve Consent Calendar Items #A-1, 2, 3, 4, 5, 6, and 9.
Motion passed 4:0 by a roll-call vote.
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Item #A-8: Richard Brusly, 7575 Pinal Avenue, expressed his concern with the
amount of cubic yards of dirt removed from Chalk Mountain. He also questioned
the number of trees lost and the habitat changes that have occurred because of
this project.
Mayor Arrambide asked staff to respond. Mr. Frace indicated that in 1998 a
precise plan was approved for the site that allowed for some grading of pads at the
top of Chalk Mountain. In early 1999 during the construction of Albertson's, there
was a lot of material removed from the top of the hill and moved over to the
Albertson's site per that precise plan. The individuals who worked on the plan are
no longer with the City, and Mr. Frace was uncertain of the review that went into
the grading and the number of trees that came out. Since then there have been
some construction projects related to the cell towers, which may have necessitated
some minor earth moving. Currently, there is a construction permit that was issued
to repair a road on the backside of the hill near the water tank, so there may be
earthwork going on at this time. Staff has looked into the issue of material being
taken off the hill and has found no evidence that there is continuing widespread
grading on the hill.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to approve Consent Calendar Item #A-8.
Motion passed 4:0 by a roll-call vote.
Item #A-7: Council Member Luna asked for assurance that one of the units in this
project would be designated as affordable. Mr. Frace stated that unit number five
has been deed-restricted as affordable.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to approve Consent Calendar Item #A-7.
Motion passed 4:0 by a roll-call vote.
B. MANAGEMENT REPORTS:
1. 2002-2003 Annual Overlay Program - Bid No. 2002-007
■ Fiscal impact: None.
■ Staff recommendation: Council authorize the Public Works Director to direct R. Burke
Corporation to omit the rehabilitation of West Mall from Lewis Ave to Capistrano Ave
and replace with the rehabilitation of San Anselmo, Ardilla to Monterey Road, and
Ardilla, San Anselmo to Portola. [Public Works]
Associate Civil Engineer Jeff van den Eikhof, gave the staff report and answered
questions of Council
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PUBLIC COMMENT:
Daphne Fahsing stated in a prepared statement that she is surprised that Portola
Road has been dropped from this plan. She asked if the potholes could be filled in
the meantime. (Exhibit B)
Mayor Arrambide asked staff for their response to Ms. Fahsing's comments. Mr.
van den Eikhof stated that staff has looked at that portion of Portola Road and
compared its condition with Ardilla and San Anselmo and found the portion they
are proposing as being more appropriate. The Public Works Director, however, has
agreed to fill the potholes.
Bill Bright, 11875 Santa Lucia, asked if Santa Lucia would be re-paved. Staff
indicated that Santa Lucia is receiving a cap seal up to Santa Ana Road, and is part
of this seal project.
Mayor Arrambide closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member Clay
to authorise Public Works to direct R. Burke Corporation to omit
the rehabilitation of West Mall from Lewis Ave to Capistrano
Ave and replace with the rehabilitation of San Anselmo, Ardilla
to Monterey Road, and Ardilla, San Anselmo to Portola.
Motion passed 4:0 by a roll-call vote.
2. Information Bulletin
a. City Council Strategic Planning Program
Council Member Luna indicated that one of his highest priorities is a fiscal analysis
to determine how the City is to pay for the additional services needed under the
new General Plan.
C. ATTORNEY REPORTS:
1. Discussion of Potential Additions to Duties of Transferors of Real Property
and their Agents to Disclose Information about Real Property
■ Fiscal impact: Staff has not identified a fiscal impact for these suggested changes
■ Staff recommendation: This item is brought forward for discussion only. There is no
recommendation from the City Attorney at this time. The City Council, following
discussion of the accompanying information, may desire to give direction to the City
Attorney on the preparation, if any, of an ordinance requiring the disclosure of certain
information by transferors of real property and/or their agents. [City Attorney]
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City Attorney Roy Hanley gave the report to Council. He explained that this item is
on the agenda for discussion only.
Council discussion ensued on this item.
PUBLIC COMMENT:
Bob Kelley, 9955 Calle Refugio, stated that there is a place on the California
Association of Realtors' contract form that states it is the responsibility of the
buyer to go to the local governmental agencies to check on anything that might be
wrong with the property. This pertains mostly to building permits and the like.
Bill Bright asked if there could be a reasonable expectation that a realtor should be
required to inform a potential buyer of any development planned for the area
surrounding the home under consideration.
Joan O'Keefe felt that Atascadero is unique and disclosure information about
properties should be easily available to the public.
Bill Bright, suggested the disclosure form indicate that each realtor has to give a
prospective buyer a form that states the buyer must personally go to City Hall and
check out all pertinent information on the property under consideration.
City Manager McKinney suggested that a set of disclosure pages could be created
for the City website, which could then be advertised to local realtors.
Bob Kelley felt Mr. McKinney's suggestion was a good one and realtors could print
it out and use it as a handout. He felt that education rather than an ordinance was
the best way to go on this issue.
Mayor Arrambide closed the Public Comment period.
Mayor Arrambide suggested the information be available at City Hall and the
Library, and then the requirement would be that as part of any real estate
transaction a disclosure form would accompany that sale noticing where the
information on the property could be found.
Council Member Luna felt providing information on the website was a good idea
and could be easily changed as needed, however, he did not feel it should be sent
to the realtors because any package sent would be dated and not useful for the
future.
Council Member Clay stated he supported the website idea and disclosing to
realtors that the information was available at the website, but he does not support
an ordinance.
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MOTION: By Council Member Clay to table the item at this time.
Motion failed by the lack of a second.
MOTION: By Council Member Luna and seconded by Mayor Arrambide to
continue the item, but instruct staff to work on placing the
disclosure information on the City's website.
Motion failed by a 2:2 voice vote. (Council Members Clay and
Scalise opposed)
Mayor Pro Tem Scalise suggested that in consort with the City getting the
information on the website, an ad hoc committee meet with the Association of
Realtors to garner more input on the subject. She volunteered for the committee
and stated she would be responsible for coming back within a 60-day period of the
meeting and request the item be placed on a subsequent Council agenda.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to form an ad hoc committee to investigate this with the
Atascadero Board of Realtors and come back with a report
within 60 days.
Motion passed 3.1 by a voice vote. (Council Member Luna
opposed)
D. COMMITTEE REPORTS:
Mayor Arrambide
1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA):
Discussion centered on affordable housing. Council received copies of the agenda for
Thursday night's meeting. The meeting will focus on defining the affordable housing crisis
in California.
2. Water Committees: The report on the Paso Robles Water Basin is out. Current topic of
contention is the Geneseo area and the drop in their water table.
3. County Mayor's Round Table: Discussion centered on Thursday's workshop.
Council Member Luna
1. Integrated Waste Management Authority (IWMA): Meets tomorrow, but Council Member
Luna reviewed some statistics from the agenda.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Manager
Mr. McKinney discussed temporary out-of-town auto sales in Atascadero. Staff
has looked at several other cities that have experienced similar problems. Council
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was given copies of the staff report and ordinance that were prepared for the
Hanford City Council. (Exhibit C) The City of Atascadero does not have an
ordinance addressing this issue. Mr. McKinney and City Attorney Hanley answered
questions of Council.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Scalise to direct staff to come back with an urgency ordinance
at the next Council meeting to stop car and truck parking lot
sales in the City of Atascadero and then have staff research and
come back with a report on the revenue earned.
Motion passed 3.1 by a voice vote. (Council Member Luna
opposed)
Regarding Christmas tree lights in the Sunken Gardens, in this year's budget it was
intended that the lighting of the City Hall building would be improved, but the
budget did not include funding for lights in the trees. Main Street had raised
$10,000 last year for the lighting of the trees in the Sunken Gardens; however,
maintenance of the lights and relighting of the trees is a fairly substantial cost and
is not currently included in the budget. The Main Street organization is concerned
and would like to do the lighting of the trees themselves, however the City is
subject to OSHA violations in allowing volunteers to climb the trees to hang the
lights. This issue should come before Council in the coming months.
F. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 9:05 p.m. to the next regularly
scheduled meeting on September 24, 2002.
CLOSED SESSION:
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a.) Conference with labor negotiator (Govt. Code Sec. 54957.6)
Agency Negotiator: City Manager
Employee organizations: Mid-Management/Professional and
Confidential.
3. Adjourn
4. CLOSED SESSION REPORT
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City Manager Wade McKinney announced there was no reportable action taken.
MEETING RECORDED AND MINUTES PREPARED BY:
L(..&
Marcia McClure Torgerson, City Clerk
The following exhibits are available for review in the City Clerk's office:
Exhibit A - Daphne Fahsing
Exhibit B - Daphne Fahsing
Exhibit C - Sample Staff Report and Ordinance from the City of Hanford
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