HomeMy WebLinkAboutMinutes 022404 Approved March 23,2004
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r 1-07-9CITYOFATASCADERO
CITY COUNCIL
MINUTES
TUESDAY, FEBRUARY 24, 2004
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a. Conference with Real Property Negotiators-Govt. Code 54956.8
Property: The Printery, 6361 Olmeda Ave.
Negotiator: City Manager Wade McKinney
Negotiating Parties: Masons
Negotiations will include price and/or terms of payment.
b. Conference With Legal Counsel-Anticipated Litigation. Significant
exposure to litigation pursuant to 54956.9(b) of the government
code: One Case
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced that no reportable action was taken on Item
#2-b., however, the Council will adjourn again into closed session at the close of
the City Council meeting on Item #2-a.
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REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:00 p.m. and Mayor Pro Tem Scalise led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and Deputy City Clerk Grace
Pucci
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Community Development Director Warren Frace, Public
Works Director Steve Kahn, Administrative Services Director
Rachelle Rickard, Information Technology Director Andrew Fruin,
Economic Development Specialist Marty Tracey, Public Works
Technician Valerie Humphrey, Associate Planner Kerry Margason,
Police Chief Dennis Hegwood, Fire Chief Kurt Stone, and City
Attorney Roy Hanley.
COMMUNITY FORUM:
Mayor Luna announced that Item #C-2 had been pulled from the agenda and stated
anyone wishing to comment on that item should speak at this time.
Pastor Johnny Johnson, representing the Atascadero Ministerial Association, led those
present in prayer.
Mayor Luna closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Council Member O'Malley and seconded by Council
Member Luna to approve the revised agenda.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member O'Malley reported on the Local Taxpayers and Public Safety Protection
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Act and stated the League of California Cities is working on the initiative for inclusion on
the November Ballot.
A. CONSENT CALENDAR:
1. December Disbursements — December 2003 Accounts Payable &
Payroll
■ Fiscal impact: $922,728.81.
Staff recommendation: City Council approve certified City accounts
payable, payroll and payroll vendor checks for December 2003.
[Administrative Services]
2. City Treasurer's Report— December 2003
■ Fiscal impact: None.
■ City Treasurer recommendation: City Council approve the City
Treasurer's report for December 2003. [City Treasurer]
3. Lewis Avenue Bridge Design
■ Fiscal impact: Approval of these contracts would result in the
expenditure of $198,261.00 in Transportation and Community and
System Preservation (TCSP) funds, and $168,138.80 of the
$400,000.00 from Fund 281, which has been designated for design
and construction of this project.
■ Staff recommendation:
1) Council authorize the City Manager to execute contracts with:
a) Morro Group, Inc., in the amount of $116,984.50 for Lewis
Avenue Bridge Environmental Services, and
b) Psomas in the amount of $188,221.5 for Lewis Avenue
Bridge Professional Engineering Services.
2) Council authorize the Director of Administrative Services to allocate
$168,138.80 from Fund 281 toward environmental and engineering
services for the Lewis Avenue Bridge Project. (Public Works)
MOTION: By Council Member Clay and seconded by Mayor Pro
Tem Scalise to approve Items #A-1 through 3.
Motion passed 5:0 by a roll-call vote. (item #A-3
Contracts No. 2004-002 and 2004-003)
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B. PUBLIC HEARINGS:
1. Tentative Parcel Map 2002-0028 (AT 01-091) and Road Abandonment
2002-0009 9230 Vista Bonita (APN 030-441-015) (Frederick)
■ 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 proposed uses.
■ Staff recommendation:
1. Council adopt draft Resolution A certifying the proposed Mitigated
Negative Declaration 2003-0066 and approving Tentative Parcel
Map 2002-0028 (AT 01-091), a request to subdivide one parcel
totaling 4.33 acres, gross, into two parcels of 1.87 and 2.46 acres
gross, based on findings and subject to conditions.
2. Council adopt draft Resolution B approving a request to abandon a
portion of Vista Bonita, from its intersection with EI Bordo Avenue to
its westerly terminus. (Community Development)
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Michael Frederick, Applicant, answered questions raised by Council, gave a brief history
of the site, and reviewed his request. Mr. Frederick answered questions of Council.
Council Member O'Malley asked Mr. Frederick if he would be agreeable to a condition
stating that any residential development on parcel 1 would have fire sprinklers in it. Mr.
Frederick indicated that this would be a good idea. Additionally, Council Member
O'Malley inquired whether Mr. Frederick would haul away the dirt if there were any
cutting/grading on parcel 1. Mr. Frederick stated he would.
Ellen Beraud expressed concern about the steepness of the slope on parcel 1 if it is to
be used as a residential site.
Mayor Luna closed the Public Comment period.
Director Frace addressed issues raised in the Public Comment period.
Mayor Luna stated it was difficult for staff to decide issues of septic and fire access
without knowing what the applicant will do on the site. He indicated it was inappropriate
to add conditions at this time.
Council Member Pacas indicated she was concerned about adding conditions and
looking at a proposal that is different from the one analyzed for mitigation. She asked if
there would be a problem with approving this project with a Mitigated Negative
Declaration that does not apply to the project. City Attorney Hanley stated that if
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Council is concerned that significant environmental effects would result from dropping
mitigations, they could refer this item back to staff or restore the mitigations.
Council Member O'Malley expressed concern with sending this back as the City is
requiring the lot split; review will happen once the plan is submitted so he is comfortable
with moving ahead at this time.
Council Member Pacas asked the applicant if he would prefer to do this right and do the
review or leave parcel 1 a non-buildable lot. Michael Frederick stated he does not want
to go back through the process due to the length of time it would take.
Mayor Luna stated that approval is premature and this should go back to staff for proper
analysis and mitigation.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt draft Resolution A certifying the
proposed Mitigated Negative Declaration 2003-0066 and
approving Tentative Parcel Map 2002-0028 (AT 01-091), a
request to subdivide one parcel totaling 4.33 acres, gross, into
two parcels of 1.87 and 2.46 acres gross, based on findings
and subject to conditions: and, adopt draft Resolution B
approving a request to abandon a portion of Vista Bonita, from
its intersection with EI Bordo Avenue to its westerly terminus
and requiring a fire sprinkler system for any residential
development in the future on parcel 1.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
(Resolutions No. 2004-012 and 2004-013)
C. MANAGEMENT REPORTS:
1. 2004 Community Development Block Grant Allocation (CDBG)
■ Fiscal impact: Available funds are estimated at $225,655 for the 2004
cycle.
■ Staff recommendation: Council forward to the County Board of
Supervisors allocation recommendations for the 2004 Community
Development Block Grant (CDBG) funds. [Management]
Public Works Technician Valerie Humphrey gave the staff report and answered
questions of Council.
PUBLIC COMMENT
George Dodge representing Atascadero Youth Task Force and Atascadero Health
Collaborative distributed a letter from the Atascadero Health Collaborative. He spoke
about the health fair and asked for Council's support. (Exhibit A)
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Barbara Newsome, social worker for EOC's Teen Academic Parenting Program (TAP),
expressed her appreciation for the Council's support in the past and asked them to
consider funding again this year. Ms. Newsome spoke about the TAP program and
answered questions of Council.
Eileen Allen, representing the North County Women's Shelter, thanked the committee
for recommending the Women's Shelter for funding.
John Laugher, Board Member of the EI Camino Homeless Organization, thanked
Council for their continuing support and spoke of their program.
Mike Berne, Atascadero Loaves and Fishes, expressed their appreciation, spoke about
their program and what the requested funds would provide.
Mayor Luna closed the Public Comment period,
Council Member Clay expressed his concern with the Block Grant process and the fact
that only 50% could be used for public services.
Council Member Pacas referred to the letter from Dale Magee distributed earlier to
Council, and stated she would be stepping down from consideration of the request for
funding of the annual Senior Health Faire because she is a member of the Atascadero
Youth Task Force board of directors.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
O'Malley to approve the Finance Committee's recommendation
for the Community Service Foundation Senior Health Fair.
Motion passed 4:0 by a roll-call vote.
Council Member Pacas rejoined the hearing.
MOTION: By Council Member O'Malley and seconded by Council
Member Pacas to adopt the remainder of the Community
Development Block Grant allocations as recommended.
Motion passed 5:0 by a roll-call vote.
2. Masonic Temple/Printery Building Disposition
■ Fiscal impact: If the City retains the building there will be costs
associated with the reconstruction and ongoing maintenance and
operations costs.
■ Staff Recommendation: Council evaluate the City's options and give
staff direction on Council's preferred course of action.
This item was continued.
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D. ATTORNEY REPORTS:
1. Emergency Resolution
■ Fiscal impact: Unknown
■ City Attorney recommendation:
Council adopt the draft Resolution continuing in full force and effect the
resolutions declaring the existence of a state of emergency and
directing the City Manager to take direct and immediate acts to repair
or replace public facilities and authorize the mayor to execute it. (City
Attorney)
PUBLIC COMMENT
Eric Greening complimented everyone on how well they are continuing to handle the
emergency.
Mayor Luna closed the Public Comment period,
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt the draft Resolution continuing in full
force and effect the resolutions declaring the existence of a
state of emergency and directing the City Manager to take
direct and immediate acts to repair or replace public facilities
and authorize the mayor to execute it.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2004-
014)
E. COMMITTEE & LIAISON REPORTS:
Mayor Luna
1. County Mayor's Round Table: Met last week and did a debriefing on
earthquake issues and discussed the initiative from League of California
Cities for the November ballot.
Mayor Pro Tem Scalise
1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority
(SLORTA): No meeting next week for SLOCOG and SLORTA.
Council Member Clay
1. Water Committees: The Atascadero Mutual Water Company will move
forward with the Nacimiento water project. It was pointed out that there is only
one water source at this time and if there were an accident and the water
source became contaminated the City would be in bad shape, therefore,
having a second water source is critical.
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Council Member O'Malley
1. League of California Cities - Grassroots Network: Regional meeting is
coming up. Council Member O'Malley has been appointed to the policy
committee on community services.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Clerk: Requested direction regarding the letter from Council to the
Board of Supervisors encouraging them to look at rezoning agricultural
land in the north county for a motorcycle recreational park. There was
Council discussion on this item.
PUBLIC COMMENT
Eric Greening made suggestions on how to go about making the request to the
Supervisors and discussed options.
Mayor Luna closed the Public Comment period.
There was further Council discussion and City Attorney Hanley suggested Council
Members contact Supervisors individually.
G. ADJOURNMENT:
Mayor Luna adjourned the meeting at 8:30 p.m. to the Closed Session.
CLOSED SESSION
a. Conference with Real Property Negotiators-Govt. Code 54956.8
Property: The Printery, 6361 Olmeda Ave.
Negotiator: City Manager Wade McKinney
Negotiating Parties: Masons
Negotiations will include price and/or terms of payment.
City Attorney Roy Hanley announced that by a 3:2 vote (Pacas, Luna opposed) it was
decided to perform according to the previously agreed upon agreement with the
Masons.
ADJOURNMENT:
Mayor Luna adjourned the meeting at 8:53 p.m. to the next regularly scheduled meeting
on March 9, 2004.
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MEETING RECORDED AND MINUTES PREPARED BY:
Grac ucci, Depu y City Clerk
The following exhibits are available for review in the City Clerk's office:
Exhibit A — George Dodge, letter from Atascadero Health Collaborative
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