HomeMy WebLinkAboutMinutes 041106 AmendedApproved as Amended 05/09/06
CC Minutes 04/11/06
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, April 11, 2006
7:00 P.M.
CLOSED SESSION: 6:33 p.m.
(Immediately Following Redevelopment Agency Meeting)
1. PUBLIC COMMENT – CLOSED SESSION – None
2. CALL TO ORDER
a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: Paloma Park
Agency Negotiator: City Manager and/or Assistant City Manager
Negotiating Parties: State of California
Under negotiation: Instruction to negotiator will concern price and
terms of payment.
3. ADJOURN: 6:50 p.m.
4. CLOSED SESSION REPORT
City Attorney Patrick Enright announced that the City Council met in closed session and
no reportable action was taken.
REGULAR SESSION: 7:00 P.M.
Mayor O’Malley called the meeting to order at 7:02 p.m. and Council Member Clay led
the Pledge of Allegiance.
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ROLL CALL:
Present: Council Members Clay, Luna, Scalise and Mayor O’Malley
Absent: Mayor Pro Tem Pacas
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
and Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Community Services Director
Brady Cherry, Public Works Director Steve Kahn, Fire Chief Kurt
Stone, Police Chief John Couch, Public Works Administrative
Assistant Valerie Humphrey and City Attorney Patrick Enright.
COMMUNITY FORUM:
Pastor Johnny Johnson, Paradise Fellowship Ministries, led those present in prayer.
James Corey thanked the Mayor for the letter sent to the residents of his neighborhood
regarding the new railroad spur and asked that the city work with the local businesses
who will be using the spur as well as with Union Pacific Railroad.
Ann Ketcherside asked Council to give direction for staff to work with her regarding the
zoning on a specific property in Atascadero.
Kate Montgomery read from a letter she sent to the newspaper regarding the removal of
landscaping along the freeway especially at the intersection of Highways 101 and 41.
Joan O’Keefe expressed concern regarding the amount of mature vegetation that will be
destroyed through the widening of the 101/41 interchange, and questioned whether the
construction of the overpass requires the removal of all vegetation or if some can be
saved.
Marge Mackay spoke about the removal of trees at the Highway 101/41 interchange
and asked Council to retain as many trees as possible.
Mayor O’Malley announced that he has asked staff to report back on this issue, and that
he would keep the community informed.
Eric Greening spoke in support of the previous speakers and of the need to focus on
saving every tree possible by downsizing the project where trees exist. H e also spoke
in support of those who came to address the climate change issue.
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Daphne Fahsing stated she had looked at the Cal Trans report and does not believe
they want to see the city remove so many trees at the 101/41 interchange, and that
doing so will not present a pleasing view.
Maria Hooper encouraged Council to be certain that Cal Trans removes as little
vegetation as possible and to replace landscaping where needed.
Council Member Luna indicated that if there are safety issues at the 101/41 interchange
they should be brought before the Council. He stated it is inappropriate to take out trees
to get a better view of the downtown and out of character with the city’s protection of
trees.
Council Member Scalise explained that the Aesthetics Committee met three years ago
when this project first came on line, and they put in place a large budget for vegetation
replacement. She is confident that tree removals will be minimal.
Council Member Clay commented that Cal Trans should save as man y trees as
possible without sacrificing safety.
Mitch Paskin expressed his concerns about the condition of San Marcos Road, and
stated that he is waiting for an answer on whether the city it will accept San Marcos
Road into the city maintained system.
Jono Kincaid explained why he would like Atascadero to be the next City to sign on to
U.S. Mayors Climate Protection Agreement.
There was Council consensus to continue with the Community Forum.
Brandon Istenes spoke in favor of Atascadero signing on to the U.S. Mayors Climate
Protection Agreement.
Jordan Elkins, Vice President Atascadero High School Earth Club, asked Mayor
O’Malley to sign the U.S. Mayors Climate Protection Agreement and spoke about
another community who has benefited from doing this.
Brenda Cherry, Atascadero High School student, spoke in favor of Mayor O’Malley
signing on to the U.S. Mayors Climate Protection Agreement.
Natasha Meyers Cherry, President Atascadero High School Earth Club, spoke in
support of Mayor O’Malley signing the U.S. Mayors Climate Protection Agreement and
gave an example of a community where this program was used successfully.
Mayor O’Malley asked staff to report back in two months on this issue.
Joanne Main distributed a progress report for the Ch amber of Commerce and reported
on some of their activities benefiting the community.
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Mayor O’Malley closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member
Scalise to approve the agenda.
Motion passed 4:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor O’Malley stated he was pleased to see the report in the Tribune on the Council’s
activities, spoke about the progress being made for the Farmer’s Market, and
commended staff’s proactive approach to road failures in the community.
PRESENTATIONS:
1. Proclamation Declaring April 9 – 15, 2006 as “National Public Safety
Telecommunicator‟s Week.”
Council Member Scalise read the proclamation and presented it to Ryan In fantino, Ann
Banks and Candy Flohaug, public safety dispatchers. Police Chief Couch spoke about
the role of public safety dispatchers in the community.
2. Proclamation Declaring April 23 – 29, 2006 “National Volunteer Week.”
Council Member Scalise read the proclamation and presented it to Police Chief John
Couch who asked the volunteers to stand and be recognized and spoke about their
contributions to the community.
3. Proclamation Declaring April 22, 2006 as “Earth Day.”
Council Member Luna read the proclamation and presented it to the President of
Atascadero High School Earth Club, Natasha Meyer Cherry, and to Jordon Elkin, Earth
Club Vice President.
4. Proclamation Declaring April 2006 the “Month of the Child” and “Child
Abuse Prevention Month.”
Mayor O’Malley read the proclamation and presented it to Theresa Sheppard, Director
ASH Building Blocks Child Development Center. Ms. Sheppard thanked the City for the
proclamation and had several children from the center distribute items they had made in
their classrooms to the Council.
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A. CONSENT CALENDAR:
1. City Council Meeting Minutes – March 14, 2006
City Clerk Recommendation: Council approve the City Council meeting
minutes of March 14, 2006. [City Clerk]
2. February 2006 Accounts Payable and Payroll
Fiscal Impact: $1,981,530.70.
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for February 2006. [Administrative
Services]
3. February 2006 Investment Report
Fiscal Impact: None.
Recommendation: Council approve the Investment Report for February
2006. [City Treasurer]
4. Final Map 2005-0118 (Parcel Map AT 04-0130) West Front (TPM 2004-
0060) (Linda Lee Kenyon)
Description: Approval of the division of one lot of 3.02 acres gross into
three lots of 1.00 acre gross each.
Fiscal Impact: None.
Recommendations: Council:
1. Accept Final Parcel Map 2005-0118 (Parcel Map AT 04-0130); and,
2. Reject, without prejudice to future acceptance, the offer of dedication
for Public Utility Easement. [Public Works]
5. Street Closure Request / Porsche Show „n Shine
Fiscal Impact: Approximately two hours of un-allocated staff time for
Public Works Maintenance Workers.
Recommendation: Council approve a request by Atascadero Main Street
to close portions of East Mall and Palma Avenue on Saturday, August 26,
2006 for the Porsche Show ‘n Shine event. [Public Works]
6. Street Closure Request / Sunken Gardens Flea Market
Fiscal Impact: None.
Recommendation: Council approve a request by the Community Services
Department to close a portion Palma Avenue on Saturday, April 15, 2006
for the Sunken Gardens Flea Market. [Community Services]
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7. Affordable Housing Program
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution authorizing the City
Manager to execute documents for the City’s Affordable Housing
Program. [City Attorney]
Items pulled: Council Member Luna, Item #A-7
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve Items #A-1, 2, 3, 4, 5 and 6.
Motion passed 4:0 by a roll-call vote.
Item #A-7: Council Member Luna stated he believes the buck stops with the Council
for affordable housing and it is appropriate oversight for the Mayor to do this signing.
For this reason he cannot support delegation of this authority.
MOTION: By Council Member Scalise and seconded by Council Member
Clay to approve Item #A-7.
Motion passed 3:1 by a roll-call vote. (Luna opposed)
(Resolution No. 2006-021)
B. PUBLIC HEARING:
1. Atascadero Creek Corridor Enhancement Project
Description: Request direction on enhancement project including
proposed agreement with the State and a Public Hearing.
Fiscal Impact: Annual trail maintenance on the trail project is projected to
be approximately $30,000-$60,000 annually. There are currently no funds
budgeted for this maintenance.
Recommendations: Council:
1. Review and comment on the Creek project report, and provide direction
as necessary; and,
2. Authorize the City Manager to execute the letter of agreement with the
State; and,
3. Authorize the Parks and Recreation Commission to conduct a public
hearing on the environmental document. [Community Services]
Community Services Director Brady Cherry gave the staff report and answered
questions of Council.
D.J. Funk, Executive Director, Resource Conservation District, answered questions of
Council.
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PUBLIC COMMENT
Kathy Hustace, North County representative to San Luis Obispo County Trails Advisory
Committee, explained why they highly recommend Atascadero go forward with the
project.
Eric Greening stated his agreement with leaving the San Gabriel area as it is, and
asked several questions relating to the environmental review.
Ron Bergdorf stated his concern about how much narrower this path will make
Ensenada and the safety on the street given the increased pedestrian traffic.
Jonalee Istenes stated that one property owner should not be allowed to stop the public
right of way, and shared several of her concerns with the trail proposal.
Joe Montoya expressed concern regarding the costs to maintain the trail.
Bill Obermeyer, Atascadero Horseman, asked the Council to consider this as a multi
use trail, and indicated there would be many volunteers to help with maintenance.
David Ryan stated he was pleased that the trail sto ps at San Gabriel, spoke about trail
maintenance and restoration, and was supportive of keeping the trail near the
downtown.
Ellen Beraud expressed her support for the proposal, and stated she had found six
policies in the General Plan that support this project.
John Shadack stated he lives along the trail area and expressed concern that proposed
work would change the direction of the stream and destabilize the banks in the area.
D.J. Funk addressed issues raised during Public Comment.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member
Scalise to authorize the City Manager to execute the letter of
agreement with the State; and, authorize the Parks and
Recreation Commission to conduct a public hearing on the
environmental document.
Motion passed 4:0 by a roll-call vote. (Agreement No. 2006-
021)
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2. Consideration of Ordinance to Amend the Zoning Code to Permit (with a
Conditional Use Permit) Medical Marijuana Dispensaries in Certa in
Commercial Zones
Fiscal Impact: None.
Recommendations: Planning Commission Recommends: Council:
1. Adopt Draft Resolution A certifying Proposed Negative Declaration
2006-0004; and
2. Introduce for first reading by title only, Draft Ordinance A approving
Zone Code Text Amendment permitting medical marijuana
dispensaries in the CS Zone subject to a conditional use permit. [City
Attorney]
City Attorney Patrick Enright and Police Chief John Couch gave the staff report and
answered questions of Council.
PUBLIC COMMENT
Charles Lynch, Central Coast Compassionate Care, thanked Council for considering
this issue, and spoke about his facility in Morro Bay and its acceptance by the City
Council there. He suggested allowing this use in the Commercial Reta il and Industrial
Park Zones as well as Commercial Services. Mr. Lynch answered questions of Council.
Kent Canella stated that Council is doing what is necessary for the community and
asked them to reconsider allowing this only in the Commercial Servic e Zone, which is
too restrictive, and to increase the number of facilities allowed.
Mike (last name not given) commended Council for considering this ordinance and
spoke about the establishment of dispensaries and the regulatory body that should
handle this use. He submitted several documents for the record. (Exhibit A)
Joanne Main stated this use should be limited to the Commercial Service Zone because
no sales tax will be accrued with this use and it is important to protect retail zones.
Charles Lynch stated he had proposed a licensing fee for allowing dispensaries in the
city, and that this use brings people to the city to use the facility, potentially generating
sales tax income.
Mayor O’Malley closed the Public Comment period.
Council Member Scalise stated she does not want to see this in Atascadero, and that
there are other ways for patients to get the medication they need. However, if it is
approved it must be as limited as possible and with the use of the CUP process.
MOTION: By Council Member Luna and seconded by Mayor O‟Malley to
adopt Draft Resolution A certifying Proposed Negative
Declaration 2006-0004; and introduce for first reading by title
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only, Draft Ordinance A approving Zone Code Text
Amendment permitting medical marijuana dispensaries in the
CS Zone subject to a conditional use permit, and with a limit of
250 patients and the hours of operation to be 8:00 to 5:00.
Motion passed 3:1 by a roll-call vote. (Scalise opposed)
(Resolution No. 2006-022)
Mayor O’Malley recessed the hearing at 10:30 p.m.
Mayor O’Malley called the meeting back to order at 10:37 p.m.
C. MANAGEMENT REPORTS:
1. Sunken Gardens Fountain / Anti-Grind Devices
Description: Approval of anti-grind devices to protect the Sunken Gardens
Fountain from skateboarding damage.
Fiscal Impact: $2,000 from budgeted maintenance funds.
Recommendation: Council approve the purchase and installation of
decorative anti-grind devices for the Sunken Gardens fountain. [Public
Works]
Public Works Administrative Assistant Valerie Humphrey gave the staff report and
answered questions of Council.
Council Member Luna stated he could not support this item because he believes there
shouldn’t be any skateboarding in Sunken Gardens at all as the city has provided a
skateboard park.
PUBLIC COMMENT
Eric Greening expressed support for the staff recommendation.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Scalise and seconded by Council Member
Clay to approve the purchase and installation of decorative
anti-grind devices for the Sunken Gardens fountain.
Motion passed 3:1 by a roll-call vote. (Luna opposed)
2. Atascadero Short Range Transit Plan
Description: Request approval of the 5 year Short Range Transit Plan.
Fiscal Impact: With the proposed changes, annual operating costs are
expected to increase by $25,000 in Fiscal Year 2006 -2007. Funding for
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the remainder of the Plan period will be requested in the appropriate future
budget cycle.
Recommendation: Council adopt the Atascadero Short Range Transit
Plan and direct staff to implement the Service, Capital, Institutional and
Financial Recommendations outlined in the Plan. [Public Works]
Public Works Director Steve Kahn, Public Works Administrative Assistant Valerie
Humphrey and Administrative Services Director Rachelle Rickard gave the staff report
and answered questions of Council. (Exhibit B)
PUBLIC COMMENT
Eric Greening disagreed with Service Recommendation #3, suggested ways to
eliminate redundancy and differentiated between a nice transit stop, which belongs in
the downtown core, and a Park and Ride express stop, which does not.
MOTION: By Council Member Clay and seconded by Council Member
Scalise to go past 11:00 p.m.
Motion passed 3:1 by a roll-call vote. (Luna opposed)
Mike Anderson, shuttle bus driver, spoke about problems with the RTA schedule, and
suggested establishing five or six express stops for the RTA.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Scalise and seconded by Council Member
Clay to adopt the Atascadero Short Range Transit Plan and
direct staff to implement the Service, Capital, Institutional and
Financial Recommendations outlined in the Plan.
Motion passed 4:0 by a roll-call vote.
3. Lewis Avenue Bridge
Fiscal Impact: Approval of the change order will result in the expenditure
of $19,000 of budgeted funds. Approval of the disbursement to the
Atascadero Unified School District will result in the expenditure of
$115,000 of budgeted funds.
Recommendations: Council:
1. Authorize the City Manager to sign Contract Change Order No. 3 for
$19,000.00 and other future change orders with Psomas for design
modifications needed on the Lewis Avenue Bridge
2. Authorize the City Manager to enter into an $115,000.0 0 agreement
with the Atascadero Unified School District for mitigation of bus
impacts. [Public Works]
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Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
PUBLIC COMMENT – None
MOTION: By Council Member Scalise and seconded by Council Member
Clay to authorize the City Manager to sign Contract Change
Order No. 3 for $19,000.00 and any expenditures in the future
above $5,000 to come back to the Council for the Lewis
Avenue Bridge; and to authorize the City Manager to enter into
an $115,000.00 agreement with the Atascadero Unified School
District for mitigation on the bus stop.
Motion passed 4:0 by a roll-call vote. (Agreement No 2006-
022)
D. COMMITTEE & LIAISON REPORTS:
Council Member Clay
1. School Committee: Will be going tomorrow to the San Benito School to look
at possibilities for fields.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
None
F. ADJOURNMENT:
Mayor O’Malley adjourned the meeting at 11:11 p.m. to the Public Financing Authority
Meeting.
MINUTES PREPARED BY:
_________________________
Grace Pucci, Deputy City Clerk
The following exhibit is available for review in the City Clerk’s Office:
Exhibit A – Mike, Documents regarding Dispensing of Medical Marijuana
Exhibit B – Short Range Transit Plan