HomeMy WebLinkAboutMinutes 051303 Approved June 10,2003
18$ ■ 1978 CITY OF A TA SCA DERO
N
CITY COUNCIL
MINUTES
TUESDAY, MAY 13, 2003
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
COUNCIL CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a) Conference with legal counsel - Existing litigation (Govt. Code
Sec. 54956.9 (a))
1. Environmental Center of SLO v. City of Atascadero
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced that the Council has agreed to a
tentative settlement with Environmental Center of San Luis Obispo. He
explained that when the documents are signed the City would release the
details of the settlement.
Motion passed 3:0 (Luna abstained, Scalise absent)
REGULAR SESSION: 7:00 P.M.
Mayor Clay called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.
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ROLL CALL:
Present: Council Members O'Malley, Pacas, Luna and Mayor Clay
Absent: Council Member Scalise
Others Present: City Clerk Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Community Development Director Warren Frace,
Administrative Services Director Rachelle Rickard, Public Works
Director Steve Kahn, Information Technology Director Andrew
Fruin, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City
Attorney Roy Hanley.
COMMUNITY FORUM:
John Davis, Pastor of Christ Chapel, led the meeting in prayer.
Jody Smith, EOC Homeless Services, updated the Council on the EOC's workshops on
a proposed north county overnight shelter project.
Mayor Clay closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to approve the agenda.
Motion passed 4;0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation declaring 2003 "International Year of Freshwater" and May
2003 "California's Water Awareness Month."
Mayor Pro Tem Luna read the Proclamation and Mayor Clay presented it to Jim
Patterson, Atascadero Mutual Water Co.
2. Nomination of City of Atascadero for "Operation School Bell Award" by
National Assistance League
Loretta Richman, National Assistance League presented the Council with the Operation
School Bell Award.
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COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Pro Tem Luna, with the use of PowerPoint slides, referred to a development on
Musselman and explained that the cost incurred by the City to fix a problem corner
within the project was $5,120. It had been Mayor Pro Tem Luna's feeling at the time
that the developer should have corrected the problem rather than the City, and he feels
this money could have been better spent on road repair, downtown revitalization or
other projects of benefit to the community.
Mayor Clay stated he enjoyed the Blue Grass concert at Stadium Park.
A. CONSENT CALENDAR:
1. City Council Minutes — April 22, 2003
■ City Clerk recommendation: City Council approve the City Council minutes of April
22, 2003. [City Clerk]
2. Consideration and Adoption of Resolutions Establishing Service
Fees and Establishing Development Impact Fees; Consideration and
Adoption, on Second Reading by Title Only, of Ordinances
Establishing Procedures for Service Fees and for Development
Impact Fees
■ Fiscal impact: There are no new fiscal impacts that have not already been identified.
■ Staff recommendation: City Council:
1. Adopt, on second reading by title only, the draft Ordinance, amending the
Atascadero Municipal Code by adding chapter 3.15 establishing a fee and
service charge revenue/cost comparison system; and,
2. Adopt draft Resolution, establishing a schedule of fees and charges for city
services; and,
3. Adopt, on second reading by title only, the draft Ordinance, amending and
restating the Atascadero Municipal Code in regards to development impact fees;
and,
4. Adopt draft Resolution, establishing a schedule of development impact fees.
[City Attorney]
3. Purchase of Property at Entrance to Stadium Park
• Fiscal impact: $50,000 from the Tree Mitigation Fund.
• Staff recommendation: Council reaffirm City's commitment to appropriate $50,000
from the Tree Fund to be used to purchase the property currently owned by Mrs.
Nellie Kennedy at the entrance to Stadium Park with ownership of the property
maintained by the Atascadero Land Preservation Society. [City Manager]
4. Purchase of Truck—Wastewater Division
■ Fiscal impact: $26,860.44 (in FY 2001-2003 budget)
■ Staff recommendation: Council authorize the Wastewater Division to purchase a
flatbed truck. [Public Works]
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5. Animal Control Services Agreement
■ Fiscal impact: Funds for the agreement are allocated to the Police Department
budget from the general fund. July 1, 2003 to June 30, 2004 - $80,041.50; July 1,
2004 to June 30, 2005-$96,049.80; July 1, 2005 to June 30, 2006 - $115,259.76.
■ Staff recommendation: Council authorize the City Manager to execute an Agreement
for Animal Control Services with the County of San Luis Obispo for the period July 1,
2003 through June 30, 2006. [Police Dept.]
Mayor Pro Tem Luna pulled Items #A-2 & 5. Council Member O'Malley pulled Item #A-
3.
MOTION: By Council Member O'Malley and seconded by Council
Member Pacas to approve Items #A-1 and 4.
Motion passed 4:0 by a roll-call vote.
Item #A-2: Mayor Pro Tem Luna stated he was opposed, as he feels the fees were not
raised enough.
PUBLIC COMMENT
Eric Greening suggested this item be continued and prior to approving the fee package
in total, members of the Council of Government staff be invited to answer questions
regarding funding of the circulation fee.
Fred Frank supported Council Member Luna's comments.
Mayor Clay closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Mayor Clay to
approve Item #A-2 as recommended by staff.
Motion failed 2:2 by a roll-call vote. (Luna and Pacas opposed)
MOTION: By Council Member O'Malley and seconded by Mayor Clay to
approve Item #A-2 as recommended by staff.
Motion failed 2:2 by a roll-call vote. (Luna and Pacas opposed)
MOTION: By Council Member O'Malley and seconded by Mayor Clay to
approve Items #1 and #2 under Consent Calendar Item #A-2.
Motion passed 4:0 by a roll-call vote. (Ordinance No. 419,
Resolution No. 2003-0022)
Item #A-3: Council Member O'Malley explained that he pulled this item in order to offer
a compromise motion.
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MOTION: By Council Member O'Malley and seconded by Mayor Clay:
1. Staff research and report back on 3 options for purchasing the
property at the entrance of Stadium Park including:
A. ALPS agrees to City ownership as originally proposed by
the President of ALPS, or
B. The City secure funds to purchase this property if ALPS is
unable to secure funding, or
C. ALPS and the City work together in drafting a mutual
agreement outlining concerns of the Council and ALPS
regarding the use of this entrance and how those
concerns could be resolved.
2. The City advance $25,000 of the Tree Mitigation Funds to the
escrow account for this property by the deadline needed to
secure the current purchase option, while other purchase
options are researched. If the City Council is unable to agree
at the time of the staff report then the funds would be returned
to the City.
3. Staff include in this year's budget the hiring of a consultant to
assist in the development of a Stadium Park Master Plan
similar to the Lake Park Zoo Master Plan.
There was Council discussion on the motion and the Council decided to have public
comment before continuing their discussion.
PUBLIC COMMENT
Doug Chisholm, President of Atascadero Land Preservation Society (ALPS), apologized
to the Council for the confusion caused by ALPS changing its position on this issue.
The Board has elected to retain ownership of the property if it is purchased.
Bruce Boniface, Board of Directors of ALPS, encouraged the Council to assist in the
purchase of this property and support the ownership of the property to be retained by
ALPS.
Eric Greening supports the motion as originally proposed in the staff report. He also
stated the motion on the table is very confusing.
Rick Mathews, President of the Atascadero Native Tree Association (ANTA) stated he
supports the purchase of this property and the retention of ownership by ALPS.
Mayor Clay closed the Public Comment period.
Council Member O'Malley withdrew his motion.
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MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Pacas to reaffirm the City's commitment to appropriate
$50,000 from the Tree Fund to be used to purchase the
property currently owned by Mrs. Nellie Kennedy at the
entrance to Stadium Park with ownership of the property
maintained by the Atascadero Land Preservation Society.
Motion failed 2.2 by a roll-call vote. (O'Malley and Clay
opposed)
MOTION: By Council Member O'Malley and seconded by Mayor Clay:
1. Staff research and report back on two options for
purchasing the property at the entrance of Stadium Park
including:
A. The City secures funds to purchase this property if
ALPS is unable to secure funding, and
B. ALPS and the City work together in drafting a mutual
agreement outlining the concerns of the Council and
ALPS regarding the use of this entrance and how
those concerns could be resolved.
2. The City advance $25,000 of the Tree Mitigation Funds to
the escrow account for this property by the deadline
needed to secure the current purchase option, while other
purchase options are researched. If the City council is
unable to agree at the time of the staff report then the funds
would be returned to the City.
3. Staff include in this year's budget the hiring of a consultant
to assist in the development of a Stadium Park Master Plan
similar to the Lake Park Zoo Master Plan.
Motion failed 2:2 by a roll-call vote. (Luna and Pacas opposed)
MOTION: By Council Member Pacas and seconded by Mayor Pro Tem
Luna to approve Item #A-3 of the Consent Calendar.
Motion failed 2:2 by a roll-call vote. (O'Malley and Clay
opposed)
MOTION: By Council Member O'Malley and seconded by Mayor Clay:
1. Staff research and report back on two options for
purchasing the property at the entrance of Stadium Park
including:
A. The City secures funds to purchase this property if
ALPS is unable to secure funding, and
B. Contribute to the purchase of the property subject to
an agreement between ALPS and the City setting
forth mutual agreements regarding the concerns of
the Council and ALPS regarding the use of this
entrance and how those concerns could be
resolved.
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2. The City advance $25,000 of the Tree Mitigation Funds
to the escrow account for this property by the deadline
needed to secure the current purchase option, while
other purchase options are researched. If the City
council is unable to agree at the time of the staff report
then the funds would be returned to the City.
3. Direct City staff to return on a future agenda a
discussion on a Master Plan for Stadium Park.
Motion passed 4:0 by a roll-call vote.
Item #A-5: Mayor Pro Tem Luna stated that he pulled this item because these are
substantial cost increases to the Animal Control Services Agreement. He feels a letter
should be written to Sheriff Hedges with a copy to the Board of Supervisors explaining
that we would like to see better services in the North County. City Manager McKinney
stated that staff could work up such a letter. There was Council consensus in
agreement with writing a letter to Sheriff Hedges.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to approve Item #A-5.
Motion passed 4:0 by a roll-call vote. (Contract No. 2003-017)
Mayor Clay recessed the hearing at 9:05 p.m.
Mayor Clay called the meeting back to order at 9:18 p.m.
B. MANAGEMENT REPORTS:
1. National Pollution Discharge Elimination System, Phase II
■ Fiscal impact: Substantial unbudgeted impact. First year cost is estimated at
$73.500.
■ Staff recommendation: City Council:
1. Receive and comment on the draft City of Atascadero Storm Water Management
Plan (SWMP).
2. Request public input on the draft City of Atascadero SWMP.
3. Direct staff on funding options to implement the measurable goals of the SWMP.
[Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Eric Greening stated he supports the proposed plan.
Jim Patterson expressed his support for this program.
Mayor Clay closed the Public Comment period.
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Council gave direction to staff concerning options.
2. Information Bulletin
a. North County Aquatics Summer Swim Lessons
Community Services Director Brady Cherry stated that the Atascadero Unified School
District has notified the City they do not intend to raise rates for the charges on the High
School pool this summer. It is anticipated that after September, the District will increase
these rates.
C. COMMITTEE & LIAISON REPORTS:
Mayor Clay
1. County Mayor's Round Table: Discussed work force housing.
Council Member O'Malley
1. Economic Vitality Corporation, Board of Directors (EVC): There is an annual event in June
staff is invited to attend.
Council Member Pacas
1. City/ Schools Committee: This Saturday is Children's Day in the Park, at Atascadero Lake
Park.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Clay commented on the Council's actions tonight in dealing with two
difficult issues with only four Council Members present.
City Manager
Steve Kahn updated the Council on the City Clean Up Day.
E. ADJOURNMENT:
Mayor Clay adjourned the meeting at 9:53 p.m. to the next regularly scheduled meeting
on May 27, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
44A4' C-
C&�.- M W�0�
Marcia McClure Torgerson, City Clerk
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