HomeMy WebLinkAboutMinutes 012208 Approved February 26, 2008
19$ i 9„l CITY OF A TASCADERO
CITY COUNCIL
MINUTES
Tuesday, January 22, 2008 — 7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Brender called the meeting to order at 7:00 p.m. and Mayor Pro Tem Beraud led
the Pledge of Allegiance.
ROLL CALL:
•�• Present: Council Members Clay, O'Malley, Beraud, and Mayor Brennier
Absent: Council Member Luna
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson,
Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Services Director Brady Cherry, Community Development Director
Warren Frace, Police Chief Jim Mulhall, Fire Chief Kurt Stone,
Redevelopment Agency Deputy Executive Director Marty Tracey,
Deputy Community Development Director Steve McHarris, Deputy
Public Works Director David Athey, Senior Planner Kelly Gleason,
and City Attorney Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Beraud to approve the agenda.
Motion passed 4:0 by a roll-call vote.
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A. CONSENT CALENDAR:
1. City Council Meeting Minutes — December 11, 2007
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of December 11, 2007. [City Clerk]
2. August 2007 Investment Report
■ Fiscal Impact: None
■ Recommendation: Council approve the City Treasurer's report for August
2007. [Treasurer]
3. November 2007 Accounts Payable and Payroll
■ Fiscal Impact: $2,694,705.52
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for November 2007. [Administrative
Services]
4. George Beatie Skate Park Lease Agreement with Austin Miller, DBA
Esteem
■ Fiscal Impact: The Contractor will provide a minimum of $50,000 annual
operating subsidy to operate the Skate Park, saving the City these costs.
■ Recommendation: Council authorize the City Manager to execute a
Lease Agreement between the City of Atascadero and Austin Miller, DBA
Esteem to operate the George Beatie Skate Park under City specified
conditions. [Community Services]
5. Property Lease Agreement and Operating Agreement for A BMX Track
■ Fiscal Impact: BMX is responsible for all maintenance and operating costs
of the facility. There will be a minimal expense to the City in staff needed
to administer the agreements.
■ Recommendations: Council:
1. Authorize the City Manager to execute a Lease Agreement between
the City of Atascadero and the Atascadero Mutual Water Company to
use property at 6575 Sycamore Road as a BMX Track; and,
2. Authorize the City Manager to execute a License Agreement between
the City of Atascadero and Atascadero BMX for the Track operations.
[Community Services]
6. Agreement for Services with the Central Coast Zoological Society in
Support of the Charles Paddock Zoo
■ Fiscal Impact: It is expected that this will have a net positive fiscal impact
to the city of $10,000 to $70,000 annually from the operating contribution,
volunteer assistance, capital improvements and special events.
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■ Recommendation: Council authorize the City Manager to execute an
Agreement for Services between the City of Atascadero and the Central
Coast Zoological Society in support of the Charles Paddock Zoo.
[Community Services]
7. On-site Alcohol Sales License Determination - PLN 2007-1268/5855 EI
Camino Real (Morro Rd. Homes, LLC/ Holladay)
■ Description: Request to approve an on-site sale of beer and wine Alcohol
Beverage Control license application to open a new Beer and Wine Bar
■ Fiscal Impact: None.
■ Recommendation: Council adopt Draft Resolution A finding that public
convenience would be served by allowing the issuance of an on-site sale
of beer and wine license for a new beer and wine bar at 5855 EI Camino
Real. [Community Development]
Items pulled: Administrative Services Director Rachelle Rickard and David Broadwater,
Item #A-3.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Beraud to approve Items #A-1, 2, 4, 5, 6, and 7.
Motion passed 4:0 by a roll-call vote. (Item #A-4 Contract No.
2008-002, Item #A-5.1 Contract No. 2008-003, Item #A-5.2
Contract No. 2008-005, Item #A-6 Contact No. 2008-004, Item
#A-7 Resolution No. 2008-002)
Item #A-3
Administrative Services Director Rachelle Rickard corrected a formula typographical
error on Item #A-3 (see Exhibit A).
David Broadwater referred to an invoice reflected in the disbursement listing, and
clarified the amount the city is actually paying on that invoice. Mr. Broadwater
requested the Council include language in their approval of this item to clarify what is
actually being paid.
Director Rickard explained that some of the entries in the disbursement journal reflect
partial payments.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to approve Item #A-3.
Motion passed 4:0 by a roll-call vote.
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B. PUBLIC HEARINGS:
1. Appeal of the Planning Commission Approval of an Amendment to CUP
2007-0217 Allowing A Drive-Through Restaurant at 7085 EI Camino Real
PLN 2007-1230 (Carl's Jr.)
■ Disclosure of Ex Parte Communications
■ Fiscal Impact: None.
■ Recommendation: Council adopt Draft Resolution A denying the appeal
and upholding Planning Commission's approval of Conditional Use Permit
2007-0217 based on findings and subject to conditions of approval and
mitigation monitoring, with additional conditions requiring the building's
efficiency standards to exceed Title 24 by 10% and adding bike racks to
the proposed building. [Community Development]
Community Development Director Warren Frace and Deputy Community Development
Director Steve McHarris gave the staff report and answered questions of Council.
Ex Parte Communications
■ Council Member Clay stated the applicant's father called him and they talked.
■ Council Member O'Malley stated he received an email from Planning Commissioner
Doug Marks, but hasn't had any discussions on this project. When the original Lube
N Go project first came forward he had spoken with the original applicant.
■ Mayor Pro Tem Beraud stated she spoke with the appellant Planning Commissioner
Pam Heatherington, and with Planning Commissioner Dan O'Grady.
■ Mayor Brennler stated he had a conversation with one of the applicant's, Joe
Simonin, and received a letter from and had a discussion with Planning
Commissioner Doug Marks.
PUBLIC COMMENT
Planning Commissioner Pamela Heatherington, appellant, suggested the hearing be
postponed because the email from the Air Pollution Control District (APCD) (Exhibit B)
was not included in the Council's report and the EIR must be updated to reflect the air
quality issues. Ms. Heatherington explained the reasons for her appeal of the Planning
Commission's decision.
Stuart Voltz, CKE Restaurants, applicant, stated they are in agreement with the
additional conditions added by staff and addressed issues raised by the appellant. Mr.
Voltz answered questions of Council.
Doug Marks, Planning Commissioner, stated the success of the downtown and the
Colony Square project will depend on pedestrian traffic, which he believes this project
will discourage.
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Dan O'Grady, Planning Commissioner, explained why he supports the appeal of the
Planning Commission's decision, and expressed concern with the number of drive-
through businesses already existing in Atascadero.
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Eric Greening stated a continuance would be the proper course tonight because the
record before the Council and the public is incomplete.
Lee Perkins asked that the Council take up the issue of drive-through's and write an
ordinance to keep any more drive-through's out of the downtown area.
Robert Fonzi, Planning Commissioner, explained why she had voted in favor of this
project. She believes the issue of drive-through's should be considered by the Council
with a public hearing, but stated the city should not change the rules on an applicant
midstream through the process based on personal preferences.
Al Fonzi stated this project will be an improvement for the site, and that air pollution is
not really an issue given the freeway across the street. He suggested Atascadero has
many retirees and young families for whom drive-through's are much easier.
Marty Brown spoke in support of the appeal and about the US Mayor's Climate
Protection Agreement.
Joanne Main, President/CEO Chamber of Commerce, urged the Council to uphold the
Planning Commission's decision and spoke about the improvements to the site through
the current development. She expressed concern about changing the rules mid-stream.
Gary Kirkland spoke about free enterprise and capitalism and against government
restricting what people can do with their own property.
Lisa Lampman stated she has watched Atascadero grow and was concerned with the
loss of many businesses. She said property owners should be allowed to develop their
projects within the process required by the city.
Adam Scattini, land owner of the subject property, explained the many positive aspects
this project will bring to Atascadero. He explained why this site is actually pedestrian
friendly.
Steve Martin, Executive Director Atascadero Main Street, stated he was grateful for the
concern expressed for the downtown, but that the downtown has greater challenges
than one more drive through restaurant. He stated the city must provide consistency,
and the rules must be clear, fair and evenly applied.
Mayor Brennler closed the Public Comment period.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to adopt Draft Resolution A denying the appeal and
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upholding Planning Commission's approval of Conditional Use
Permit 2007-0217 based on findings and subject to conditions of
approval and mitigation monitoring, with additional conditions
requiring the building's efficiency standards to exceed Title 24 by
10% and adding bike racks to the proposed building.
Council Discussion:
Mayor Pro Tem Beraud stated she would like to continue this item as she does not like
to have missing gaps in information.
Council Member O'Malley stated the rules on businesses should not be changed mid
project, and that consistency and predictability are important.
Council Member Clay commented that the customer must be considered and some do
not want to get out of their cars. He believes the leakage for jobs and shopping creates
much more pollution than a drive-through restaurant.
Mayor Pro Tem Brennler stated that fundamental fairness and consistency is important,
that the applicant has played by the rules and the city has an obligation to respect that.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to adopt Draft Resolution A denying the appeal and
upholding Planning Commission's approval of Conditional
saw Use Permit 2007-0217 based on findings and subject to
conditions of approval and mitigation monitoring, with
additional conditions requiring the building's efficiency
standards to exceed Title 24 by 10% and adding bike racks to
the proposed building, and on page 131 and 132 of the Draft
Resolution the date of hearing to be amended to January 22"d.
Motion passed 3:1 by a roll-call vote. (Beraud opposed)
(Resolution No. 2008-003)
Mayor Brennler recessed the hearing at 8:41 p.m.
Mayor Brennler called the meeting back to order at 8:51 p.m.
2. 2008 Community Development Block Grant Allocations
■ Disclosure of Ex Parte Communications:
• Fiscal Impact: Available funds are estimated at $190,884 for the 2008
cycle.
■ Recommendations: Council:
1. Forward to the County Board of Supervisors allocation
recommendations for the 2008 Community Development Block Grant
(CDBG) funds; and,
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2. Forward the following reallocations of prior year funds as a matter of
fiscal housekeeping to allow for the close out of these activities.
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[Public Works]
Public Works Technician Valerie Humphrey gave the staff report and answered
questions of Council.
Ex Parte Communications
■ Council Member O'Malley stated as a member of the Finance Committee he has
reviewed the applications and through that process many applicants had come to
the meetings and spoke about their projects. He stated he serves on the board of
ECHO, which is a recipient this year.
■ Mayor Brennler stated he attended the Finance Committee meeting as a member of
the public and heard the recommendations.
PUBLIC COMMENT
Joan O'Keefe expressed concern with the process for award of these funds and that the
decision is made by the time it comes before the public for a hearing. She urged the
city to make this truly a public hearing process.
Susan Warren, North County Connection, stated her concern that the process is
confusing, and would like the process to be clearer with more public access.
Eric Greening stated he shared the concerns of the previous speakers, and explained
that in the past the organizations would make their presentations at a public hearing and
request the funds, which provided the public an opportunity to learn about those
organizations.
Mayor Brennler closed the Public Comment period.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Beraud to forward to the County Board of Supervisors
allocation recommendations for the 2008 Community
Development Block Grant (CDBG) funds; and, forward the
reallocations of prior year funds as a matter of fiscal
housekeeping to allow for the close out of these activities.
Motion passed 4:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Economic Development Strategy Consultant Selection
■ Fiscal Impact: Depending on the level of public outreach and input, the
cost of developing the strategy will range from $90,000-$120,000.
Related support costs and costs for the public process are estimated to be
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$20,000. Additionally, the cost for the "Just Listening...Summit on
Downtown," (which Council authorized staff to conduct in February, 2008)
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will be approximately $10,000, for an estimated total of $150,000.
In June, the Council budgeted $110,000 for economic studies. Of that
amount, $7,000 was spent on "Just Listening...Thoughts on Economic
Development," and $14,500 has been allocated to tourism studies, leaving
a balance of $88,500. To fund the full study and related activities, an
additional $61,500 is needed. Funding is available in Redevelopment
Fund Reserves. If the Council approves moving forward with the study
and related public outreach activities, staff will return to the
Redevelopment Agency to request appropriation of these additional funds.
■ Recommendation: Council authorize the City Manager to execute a
contract with Applied Development Economics of Walnut Creek,
California, to serve as the City's economic development consultant to
update the City's Economic Development Strategy. [City Manager]
City Manager Wade McKinney reviewed the process followed for this item and Assistant
City Manager Jim Lewis gave the staff report.
Doug Svensson, Applied Development Economics (ADE), gave a PowerPoint
presentation on their company and their approach to economic development, and
answered questions of Council.
... Kathie Studwell, ADE, spoke about the public input process.
Iry Hamilton, ADE, explained how they approach place branding and marketing.
PUBLIC COMMENT
David Broadwater suggested a decision on this firm not be made tonight as the public
should be allowed to listen to a presentation by all four firms being considered. He
reviewed the history of ADE and their Wal Mart connections and urged Council to reject
their application.
Steve Tillman spoke about the need to keep the process fair and free of corporate bias
and for a community vision. He asked Council work to insure impartial expertise from
the consultant selected.
Tom Comar, Oppose Wal Mart spokesperson, stated it would be premature to decide
on a consultant tonight without looking at the presentations by the other top three
candidates.
Gary Kirkland suggested those opposed to this firm, should find a firm that fits their
needs and pay for it themselves.
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Joan O'Keefe stated she is not opposed to the city hiring a consultant but is interested
in knowing what specific things were done in each specific city they worked for.
Richard Mullin suggested the committee's recommendation should be trusted and it was
time to move forward and not waste any more time.
Ron Rothman stated the community and the consultants must be clear in setting their
goals, and there must be a consensus to those goals.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to go past 11:00 p.m.
Motion passed 4:0 by a roll-call vote.
Steve Martin, Executive Director Atascadero Main Street, commented that the City has
received sufficient information on this topic and there has been more opportunity for
public input through this Council than ever before, so as a Council it is time to move
forward and make a decision.
Doug Svensson responded to issues raised during the Public Comment period.
Mayor Brennler closed the Public Comment period.
MOTION: By Mayor Pro Tem Beraud and seconded by Council Member
O'Malley to authorize the City Manager to execute a contract with
r.. Applied Development Economics of Walnut Creek, California, to
serve as the City's economic development consultant to update the
City's Economic Development Strategy.
There was Council discussion on the motion.
Council Member Beraud withdrew her motion.
MOTION: By Mayor Pro Tem Beraud to continue this item until there is a
complete Council.
The motion failed for lack of a second.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to authorize the City Manager to execute a
contract with Applied Development Economics of Walnut
Creek, California, to serve as the City's economic development
consultant to update the City's Economic Development
Strategy, including the revised timetable that the study will be
brought to Council for action in October 2008.
Motion passed 4:0 by a roll-call vote. (Contract No. 2008-006)
v..
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MOTION: By Mayor Pro Tem Beraud to adjourn.
Mayor Pro Tem Beraud withdrew her motion.
Mayor Brennler recessed the hearing at 11:24 p.m.
Mayor Brennler called the meeting back to order at 11:33 p.m.
MOTION: By Mayor Pro Tem Beraud and seconded by Mayor Brennler to
continue Items #C-2 and 3 to the next meeting.
Motion failed 2:2 by a roll-call vote. (Clay, O'Malley opposed)
2. City Council Agenda Format Review
■ Fiscal Impact: None.
■ Recommendations: Council direct staff to return to the Council with the
following recommended amendments to the Atascadero Municipal Code
(AMC), Redevelopment By-Laws, and Council agenda format:
1. Location of Council meetings are in the Council Chambers of City Hall,
6907 EI Camino Real, Atascadero, immediately following the
Redevelopment Agency meeting scheduled at 6:00 p.m.; and,
2. Maintain the Redevelopment Agency agenda ahead of the City Council
agenda, starting at 6:00 p.m.; and,
... 3. Place Community Forum before Consent Calendar and change the
public comment time limit to "up to three (3) minutes." and,
4. Create a new category entitled Council Reports that will follow
Community Forum; and,
5. Create a new category entitled Individual Announcements and/or
Action at the end of the agenda before Committee Reports. [City
Manager]
Assistant to City Manager Marcia McClure Torgerson gave the staff report and
answered questions of Council.
PUBLIC COMMENT
Lon Allen spoke in support of three minutes for public comment, which could not be
exceeded by anyone for any reason.
Tom Comar stated he was not opposed to the three minute limit, and likes the idea of a
one minute rebuttal. His suggestion was to start the meeting at a set time with
Community Forum in front for up to 1 hour, and any issue presented by a set number of
individuals that requires further discussion should go automatically to the next agenda.
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Maggie White spoke in support of a three minute limit per speaker and 30 minute time
limit for Community Forum with an option to extend 30 minutes. She spoke against a
one minute rebuttal stating the Community Forum is not for back and forth or rebuttal, it
is for presenting a point of view.
David Broadwater stated he was not in favor of a 30 minute limit on the Community
Forum; however the three minutes per speaker was okay, as was placing the
Community Forum period at the beginning of the meeting.
Mayor Brennler closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to direct staff to return to the Council with the
following recommended amendment to the Atascadero
Municipal Code (AMC), Redevelopment By-Laws, and Council
agenda format: Location of Council meetings are in the
Council Chambers of City Hall, 6907 EI Camino Real,
Atascadero.
Motion passed 4:0 by a roll-call vote.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to direct staff to return to the Council with the
following recommended amendment to the Atascadero
Municipal Code (AMC), Redevelopment By-Laws, and Council
,,. agenda format: Maintain the Redevelopment Agency agenda
ahead of the City Council agenda, starting at 6:00 p.m.
Motion passed 4:0 by a roll-call vote.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to direct staff to return to the Council with the
following recommended amendment to the Atascadero
Municipal Code (AMC), Redevelopment By-Laws, and Council
agenda format: Place Community Forum after the Consent
Calendar.
Motion passed 3:1 by a roll-call vote. (Beraud opposed)
Mayor Pro Tem Beraud spoke in support of flexibility for the proposed changes.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to direct staff to return to the Council with the
following recommended amendment to the Atascadero
Municipal Code (AMC), Redevelopment By-Laws, and Council
agenda format: Change the public comment time limit to three
(3) minutes.
Motion passed 3:1 by a roll-call vote. (Beraud opposed)
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There was Council discussion regarding recommendations 4 and 5, but no further
motions were made.
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3. Update on Printery and Community Center
There was Council consensus to continue Item #C-3 to the next City Council
meeting.
COMMUNITY FORUM:
David Broadwater reported that there will be a forum for government officials on
January 31St at the Chumash Auditorium regarding implementation of actions to deal
with global warming, and urged the city to send a representative to this meeting.
Mayor Brennler closed the Community Forum period.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adjourn the City Council meeting at 12:44 a.m.
and reconvene to the Redevelopment Agency meeting.
Motion passed 4:0 by a roll-call vote.
low
MINUTES PREPARED BY:
Grace Pucci, Deputy City C erk
The following exhibits are available for review in the City Clerk's office:
Exhibit A—Corrected November 2007 Accounts Payable and Payroll Staff Report
Exhibit B—Pamela Heatherington, APCD memo.
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