HomeMy WebLinkAboutMinutes 050906Approved June 13, 2006
CC Minutes 05/09/06
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, May 9, 2006
7:00 P.M.
CLOSED SESSION: 6:32 p.m.
(Immediately Following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION: None
2. CALL TO ORDER
a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: CITY ATTORNEY
b. Conference with negotiator over real property. (Govt. Code
54956.8)
Negotiator: City Manager Wade McKinney
Property: Mr. Kelly Gearhart, 5955 Entrada Ave.
Negotiation will include price and/or terms of payment.
3. ADJOURN: 7:05 p.m.
4. CLOSED SESSION REPORT
City Attorney Patrick Enright announced there was no reportable action on either item.
REGULAR SESSION: 7:00 P.M.
Mayor O’Malley called the meeting to order at 7 :07 p.m. and Council Member Luna led
the Pledge of Allegiance.
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ROLL CALL:
Present: Council Members Clay, Luna, Scalise, Pacas and Mayor O’Malley
Absent: None
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
Development Director Warren Frace, Public Works Director Steve
Kahn, Deputy Community Development Director Steve McHarris,
Deputy Public Works Director Geoff English and City Attorney
Patrick Enright.
COMMUNITY FORUM:
David Broadwater spoke about the Del Rio Road Annex project and his unsuccessful
attempts to access information from city staff about the project. He recommended that
Council ascertain for the citizens of Atascadero all information available about this
project and present it at the next City Council meeting. City Manager Wade McKinney
stated he would follow up on what information has been received and prepare a
memorandum to Council to that effect.
Ann Ketcherside referred to the 5599 Traffic Way project, and her concerns regarding
the testing of the groundwater and other environmental issues at the site, and asked if
work is going forward on the project.
Assistant City Manager Jim Lewis reported on the testing process for the soil at the
Traffic Way site, and stated staff is waiting for a clearance letter from the county. Mr.
Lewis stated that nothing will be built on the site until that clearance letter is received.
Jono Kinkade spoke about the U.S. Mayors Climate Protection Agreement and asked
that Atascadero sign on to it. Mr. Kinkade reported on other cities that have signed the
agreement.
James Istenes expressed his concerns regarding the Del Rio Annex plan and the
proposed development.
Brandon Istenes spoke in support of the U.S. Mayors Climate Protection Agreement
and presented an example of a city that has used the program successfully.
Eric Greening expressed his support for the U.S. Mayors Climate Protection Agreement,
asked about recycling waste materials at Colony Square, inquired which county
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department will be signing off on the Traffic Way site, and spoke of the importance of
presenting a record of all contacts for the Del Rio Road Annex plan prior to the public
meeting on the 30th of May.
City Manager McKinney stated there is no interim report on the Mayor’s Climate
Protection Agreement, but staff has tentatively planned their report for the June 13th
Council meeting.
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 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay stated for the record that he thought the questions asked tonight
about the Del Rio property referred to it’s history and zoning and explained that
developers regularly speak with staff on what they can and cannot do on a specific
property prior to coming in with an actual proposal.
Mayor O’Malley requested an outline of contacts regarding the Del Rio Project and a
brief history of the property by the next meeting. City Manager McKinney stated sta ff
can provide a brief historical analysis and reported that there have been no promises,
no dialog and no request for a project; the public workshop will come first.
Council Member Scalise reported that the bigger projects in Atascadero have
successfully utilized the public process at the offset and encouraged the public to attend
the meeting scheduled for May 30th.
PRESENTATIONS:
1. Proclamation declaring May 15 – 21, 2006 “National Police Week” and
May 15, 2006 as “Police Memorial Day.”
Mayor O’Malley read the proclamation and presented it to Police Lt. Carol Robinson
who announced that the local Criminal Justice Administrators Association will conduct a
memorial service on May 17th at the Pismo Beach pier.
2. Proclamation declaring May 2006 as “Bike Month” and May 15 – 19,
2006 as “Bike to Work Week.”
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Mayor Pro Tem Pacas read the proclamation and presented it to Andy Muts eiger of the
Air Pollution Control District who expressed appreciation for the recognition and spoke
of several bike events to be held throughout May.
County Supervisor Jim Patterson stated he had taken the Commuter Bike Challenge
and thanked Council for recognizing Bike Month.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes – April 11, 2006
City Clerk Recommendation: Council approve the City Council meeting
minutes of April 11, 2006. [City Clerk]
2. March 2006 Accounts Payable and Payroll
Fiscal Impact: $2,302,848.23.
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for March 2006. [Administrative
Services]
3. March 2006 Investment Report
Fiscal Impact: None.
Recommendation: Council approve the Investment Report for March
2006. [City Treasurer]
4. Interchange Operational Improvement Study / Consultant Services
Contract
Fiscal Impact: $167,960 ($120,000 from the 2005/2007 Capital Budget
and $50,000 from the Regional State Highway Account Funds).
Recommendation: Council authorize the City Manager to execute an
agreement with Whitlock & Weinberger Transportation, Inc. known as, W -
Trans, for an Interchange Operational Improvement Study. [Public Works]
5. Temporary Road Closure / Del Rio and Obispo Roads
Fiscal Impact: None.
Recommendation: Council approve the request from Dave Spurr
Excavating for the temporary closure of portions of Del Rio Road and a
partial closure of Obispo Road. [Public Works]
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6. Temporary Road Closure / Palma Avenue
Fiscal Impact: $160.00 for the installation of Road Closed signs by Public
Works Staff.
Recommendation: Council approve the closure of Palma Avenue from
East Mall to West Mall during the Father’s House organization event in the
Sunken Gardens on June 3, 2006, from 11:00 a.m. to 5:00 p.m . [Public
Works]
Items pulled: Council Member Luna Item #A-4, Eric Greening Items #A-1 and 5.
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve Items #A-2, 3 and 6
Motion passed 5:0 by a roll-call vote.
Item #1: Eric Greening referred to page 7, paragraph 2 of the Minutes of April 11, 2006
and asked that the last word be changed from “EIR” to “environmental review.” Also on
page 10, first paragraph under Public Comment, he asked that the words “spoke
against establishing a transit center in the downtown” be changed to “differentiated
between a nice transit stop, which belongs in the downtown core, and a Park and Ride
express stop, which does not.”
Mayor O’Malley stated the City Clerk would review the records and make the
appropriate changes.
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve Item #A-1.
Motion passed 5:0 by a voice vote.
Item #4: Council Member Luna stated he pulled this item because he feels that
development impact fees should pay for these types of studies and mitigate the
necessary impacts. He asked for assurance from staff that the General Fund will be
reimbursed by development impact fees for these studies.
PUBLIC COMMENT
Bob Kelley explained why he would like the Council to reconsider granting this money.
Ron DiCarli, Executive Director San Luis Obispo Council of Governments, explained
why Council should support the funding of the study.
Mayor O’Malley closed the Public Comment period.
City Manager McKinney gave a report on this item and indicated that this study is
required in order to obtain the next round of funding.
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MOTION: By Council Member Scalise and seconded by Council Member
Clay to approve Item #A-4.
Motion passed 5:0 by a roll-call vote. (Contract No. 2006-023)
Item #5: Eric Greening asked if the impact of the daily road closures was anticipated in
the environmental review of this subdivision. He also asked if any of this work is
relevant to any future retail adjacent to this area of Del Rio Road.
Public Works Director Steve Kahn stated the road closure was not considered in the
environmental document, as it was not known at the time that the road would need to be
closed. He also stated that the closure is serving residential development off of Obispo
Road and has no relevance to any retail development.
PUBLIC COMMENT
Patricia Lawrence expressed concern with the impacts to her neighborhood from this
housing development.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Scalise and seconded by Council Member
Clay to approve Item #A-5.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS:
1. Appeal 2006-0008 of Front Yard Fence Height Variance 2005-0009 (9186
Palomar Avenue)
Description: Appeal of Planning Commission approval of a variance
allowing a recently constructed six-foot high solid wood fence to remain
within the front yard setback within a single-family residential
neighborhood.
Disclosure of Ex Parte Communications
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution A granting Appeal
2006-0008 (denying Variance 2005-0009) based on findings. [Community
Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
Ex Parte Communications
Council Member Luna stated he had visited the site.
Council Member Clay stated he had visited the site.
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Mayor Pro Tem Pacas stated she visited the site.
Council Member Scalise stated she visited the site.
Mayor O’Malley stated he visited the site with staff and had email and telephone
conversations with the property owner and the appellant.
PUBLIC COMMENT
Joan O’Keefe, appellant and Planning Commissioner, clarified that the issue is not
safety, but that findings cannot be made for the Variance. Mrs. O’Keefe read from a
prepared statement explaining why she had appealed the variance and distributed
several photographs related to her presentation . (Exhibit A)
Eric and Catherine Roy, original applicants, gave a presentation on their home and the
fence, and explained why they think the Variance should be upheld.
John Thomas, neighbor to the Roy’s, explained why this is a privacy issue and stated
the fence is an improvement to the Roy’s property and the neighborhood.
Zena Thomas agreed with her husband that this is an issue of privacy.
Robert Davis, neighbor of the Roy’s, indicated he strongly agrees with the Roy’s fence.
Roberta Fonzi, Planning Commissioner, stated the findings were made by the Planning
Commission, as the property is unique in terms of the topography.
Freeman Bradford, neighbor to the Roy’s, stated the property is improved by the fence.
Candy Layton, neighbor of the Roy’s, agreed that the property has been improved with
the fence, and is safer because of it; she indicated she supports the Roy’s.
Michael Johnson, neighbor of the Roy’s, stated he strongly supports the Roy’s.
Marian Reddick, Palomar resident, stated her support for the Roy’s, and commented
that the fence is not a traffic hazard and has improved the property.
Lucy Dalton, neighbor to the Roy’s, expressed support of the Roy’s fence and the work
they have done on their property.
Joan O’Keefe stated for clarification that the minutes of the Planning Commission
meeting said nothing about the topography in the findings.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member
Clay to deny the appeal and grant the encroachment permit,
and that this is a specific and unique situation and all four
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findings can be made. Specifically, the Variance does not
constitute a grant of special privilege, as the fence is
necessary for the privacy of the homeowners, and there are
special circumstances due to the size, shape and topography
of the lot and the situation with the street (the T intersection).
A condition will be added that if the road ever needs to be
widened the fence would have to be moved back.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2006-045)
Mayor O’Malley recessed the hearing at 8:55 p.m.
Mayor O’Malley called the meeting back to order at 9:00 p.m.
2. Interim Urgency Ordinance Establishing a Moratorium on Conversion of
Residential Units to Condominiums
Description: Temporary Ordinance establishing a moratorium on
conversion of residential units to condominiums.
Fiscal Impact: None.
Recommendation: Council adopt the Interim Urgency Ordinance
establishing a moratorium on conversions of residential units to
condominiums. This action extends the moratorium for 10 months and 15
days. [City Attorney]
City Attorney Patrick Enright gave the staff report and answered questions of Council.
PUBLIC COMMENT
Mike Jackson questioned the statement that there was no fiscal impact because
condominium conversions generate additional property taxes.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member
Clay to adopt the Interim Urgency Ordinance establishing a
moratorium on conversions of residential units to
condominiums.
Motion passed 5:0 by a roll-call vote. (Ordinance No. 495)
3. Weed/Refuse Abatement Program
Fiscal Impact: The City recovers costs for administering this program
through the 150% administrative fee, which is placed on the San Luis
Obispo County Special Tax Assessment for the fiscal year 20 06-2007 Tax
Roll.
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Recommendation: Council adopt the Draft Resolution, declaring
vegetative growth and/or refuse a public nuisance, commencing
proceedings for the abatement of said nuisances, and placing all
abatement fees on the San Luis Obispo County Special Tax Assessment
for the Fiscal Year 2006-2007 Tax Roll. [Fire]
City Manager Wade McKinney gave the staff report and answered questions of Council.
PUBLIC COMMENT
Eric Greening questioned whether the deadline is late enough because of the amount of
moisture in the soil due to late spring rains and asked if the notice could have
information about recognizing oak seedlings and other native plants.
Mr. McKinney stated that the schedule is dictated by the County so the date is not
movable.
Joan O’Keefe stated that ANTA had revised the seedling brochure and the Fire Dept
included it with the weed abatement notice.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Scalise and seconded by Council Member
Luna to adopt the Draft Resolution, declaring vegetative
growth and/or refuse a public nuisance, commencing
proceedings for the abatement of said nuisances, and placing
all abatement fees on the San Luis Obispo County Special Tax
Assessment for the Fiscal Year 2006-2007 Tax Roll.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2006-046)
4. Downtown Parking & Business Improvement Area (FY 2006-2007)
Confirmation of Annual Assessment
Fiscal Impact: Revenue of approximately $10,500 for Fiscal Year 2006 -
2007.
Recommendation: Council adopt the Draft Resolution confirming the
annual assessment for Downtown Parking & Business Improvement Area
(Fiscal Year 2006-2007). [City Manager]
City Manager Wade McKinney gave the staff report.
PUBLIC COMMENT
Steve Martin, Executive Director Atascadero Main Street, stated Main Street provides a
good return on the city’s money and raises additional money on top of what is received
from the Redevelopment Agency and what the assessment brings in.
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Mary Eubersachs, Main Street Promotion Committee Chair, thanked Council and
reported on the importance of tracking new businesses in the downtown to help ensure
receipt of the maximum funds for this assessment.
Mayor O’Malley closed the Public Comment period.
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Clay to adopt the Draft Resolution confirming the annual
assessment for Downtown Parking & Business Improvement
Area.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2006-047)
C. MANAGEMENT REPORTS:
1. Signage Task Force Report
Fiscal Impact: None.
Recommendations: Council:
1. Direct staff to update the City Sign Ordinance to incorporate the
Signage Task Force’s recommended changes; and,
2. Direct staff to work with the Chamber of Commerce and Main Street
Association on a signage clean-up information campaign while the
ordinance update is in process. [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Steve Martin, Executive Director Atascadero Main Street, spoke about the activities of
the task force and their recommendations. Mr. Martin answered questions of Council.
Mark Gibbs asked for clarification regarding a-frame open house realty signs. Director
Frace stated that one hanging real estate sign on the property for sale is allowed, but
there is no allowance for smaller off -site temporary signs.
Eric Greening asked if the American Flag could be considered a banner when kept up
day and night with no light on it at night, and if the type of flags usually seen where a
number of homes are for sale are considered banners.
Steve Martin stated their concentration was on a-frames and banners in retail and
commercial districts, other areas would be considered in the future.
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Mary Eubersachs asked if there was any size limitation discussed for large banners and
long signs. Director Frace stated that the current standard is 40 square feet and that
the task force did not recommend any changes.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Scalise and seconded by Council Member
Clay to direct staff to update the City Sign Ordinance to
incorporate the Signage Task Force’s recommended changes;
and, direct staff to work with the Chamber of Commerce and
Main Street Association on a signage clean-up information
campaign while the ordinance update is in process, and staff
is to measure the Carlton sign and adjust the text based on
what is actually on the site.
Motion passed 5:0 by a roll-vote.
2. Cardroom Ordinance / Request for Expansion of Tables (Outlaws Card
Parlour)
Description: Request from the owner of Outlaws Card Parlour to increase
the number of card tables from two (2) to five (5).
Fiscal Impact: If the City Council amended the Municipal Code to allow
additional card tables, the City would receive a one time revenue of $300
per additional table.
Recommendation: Council give staff direction on how to proceed on this
request. [City Manager]
Assistant to the City Manager / City Clerk Marcia McClure Torgerson gave the staff
report and answered questions of Council.
PUBLIC COMMENT
Al Brown, applicant, reported that there is a new proposal going to the Gaming
Commission to extend the moratorium to 2017. Mr. Brown answered questions of
Council.
Mike Jackson spoke in support of Mr. Brown’s request and suggested this would be
good for the area given the increase in tourism.
Mayor O’Malley closed the Public Comment period.
There was Council consensus to proceed in reviewing expansion to 4 gaming
tables at this location and closely look at the fees associated with that including
full cost recovery and any other items to be attached. This item will be brought
back to Council before going to the Gaming Commission.
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3. Hwy 101/41 Interchange Value Analysis Study
Fiscal Impact: None.
Recommendation: Council receive a verbal report from Caltrans on the
results of the Hwy 101/41 Interchange Value Analysis Study and
recommend they proceed to further explore two options and report back
on May 23rd. [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
Peter Brown, SLOCOG, gave a presentation on the value analysis.
Dave Rasmussen, Project Manager for Caltrans, addressed the issue of roundabouts
and answered questions of Council.
Vice Chairperson Pacas expressed her opposition to roundabouts and suggested free
right turn lanes would be helpful.
Council Member Clay suggested video taping a similar intersection with a roundabout to
see how it works.
Council Member Luna stated he is willing to look at roundabouts.
Council Member Scalise requested that information regarding the three bridges be
brought back.
Mayor O’Malley commented that roundabouts would be great in other locations in
Atascadero; however this is not a good place to experiment. He would like to get the
bridges in now and the roundabouts could be the next option.
PUBLIC COMMENT
Joan O’Keefe suggested setting up a two hour meeting where the public could view
simulations of the proposed options, and that this be done before the next Council
meeting.
Eric Greening stated the importance of fully examining both options before a decision is
made and of having full public participation. He asked whether the traffic analysis
included safe pedestrian and bicycle movement.
Tim Bokum, licensed professional traffic engineer with the state of California, spoke in
support of roundabouts and that they are a viable alternative that should be considered.
Ursula Luna, spoke in favor of considering the roundabout option, and would like to see
a three dimensional display.
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Ron Di Carli, Executive Director SLO Council of Governments, explained that the value
analysis was driven by a shortage of funding and spoke about roundabouts and their
advantages.
Eric Greening spoke of the difference between a 3½ and 1½ year construction period in
relation to the recruitment of businesses for the downtown as well as the escalation of
material costs.
Mayor O’Malley closed the Public Comment period.
Mayor O’Malley summarized that Council is moving toward c onsensus to have both
options reviewed with attention to pedestrian and bikeway issues, with three
dimensional views/simulations of both options, as well as impacts to landscaping and
aesthetics, and to schedule an afternoon public meeting with Caltrans and SLOCOG
staff in attendance.
MOTION: By Council Member Luna to go past 11:00 p.m.
Motion failed for lack of a second.
There was Council discussion regarding either holding a special public meeting to
address this issue or placing it on the next Council agenda.
MOTION: By Mayor O’Malley and seconded by Council Member Clay to
go past 11:00 p.m.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
There was Council consensus to present this item at the Council Meeting on May
23rd.
Council Member Luna left the meeting at 11:02 p.m.
D. COMMITTEE & LIAISON REPORTS:
None
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Manager
City Manager Wade McKinney asked if any Council Member was planning on
going to the Economic Forecast on June 1st, and whether the June 5th potential
date for Strategic Planning would work for Council Members.
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F. ADJOURNMENT:
Mayor O’Malley adjourned the meeting at 11:05 p.m. to the next regularly scheduled
meeting of the City Council on May 23, 2006.
MINUTES PREPARED BY:
_________________________
Grace Pucci, Deputy City Clerk
The following exhibit is available for review in the City Clerk’s office.
Exhibit A – Joan O’Keefe, prepared statement and photographs