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HomeMy WebLinkAboutMinutes 050906Approved June 13, 2006 CC Minutes 05/09/06 Page 1 of 14 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. Approved June 13, 2006 CC Minutes 05/09/06 Page 2 of 14 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 Approved June 13, 2006 CC Minutes 05/09/06 Page 3 of 14 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.” Approved June 13, 2006 CC Minutes 05/09/06 Page 4 of 14 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] Approved June 13, 2006 CC Minutes 05/09/06 Page 5 of 14 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. Approved June 13, 2006 CC Minutes 05/09/06 Page 6 of 14 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. Approved June 13, 2006 CC Minutes 05/09/06 Page 7 of 14  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 Approved June 13, 2006 CC Minutes 05/09/06 Page 8 of 14 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. Approved June 13, 2006 CC Minutes 05/09/06 Page 9 of 14  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. Approved June 13, 2006 CC Minutes 05/09/06 Page 10 of 14 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. Approved June 13, 2006 CC Minutes 05/09/06 Page 11 of 14 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. Approved June 13, 2006 CC Minutes 05/09/06 Page 12 of 14 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. Approved June 13, 2006 CC Minutes 05/09/06 Page 13 of 14 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. Approved June 13, 2006 CC Minutes 05/09/06 Page 14 of 14 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