HomeMy WebLinkAboutMinutes 091206Approved October 10, 2006
CC Minutes 09/12/06
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CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, September 12, 2006
CLOSED SESSION: 6:32 p.m.
(Immediately following Redevelopment Agency Meeting
1. PUBLIC COMMENT – CLOSED SESSION: None
2. CALL TO ORDER
a. Conference with legal counsel – Existing Litigation
(Govt. Code Sec. 549569.9 (a)
1. City of Atascadero v. Pacific Gas and Electric
3. ADJOURN: 6:42 p.m.
4. CLOSED SESSION REPORT
City Attorney Patrick Enright announced that the City Council met in closed session and
gave further direction, but took no action.
REGULAR SESSION: 7:00 P.M.
Mayor O’Malley called the meeting to order at 7:00 p.m. and led the Pledge of
Allegiance.
ROLL CALL:
Present: Council Members Clay, Pacas and Mayor O’Malley
Absent: Council Member Luna
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Others Present: Deputy City Clerk Grace Pucci.
Staff Present: City Manager W ade McKinney, Community Development Director
Warren Frace, Public W orks Director Steve Kahn, Police Chief
John Couch, Community Services Director Brady Cherry, Deputy
Public W orks Director Geoff English, Associate Planner Kerry
Margason, Assistant Planner Callie Ford and City Attorney Patrick
Enright
COMMUNITY FORUM:
Pastor Johnny Johnson, Paradise Fellowship in Atascadero, led those present in
prayer.
Anne Ketcherside asked why the increase in the sales tax was pulled and whether it will
be reconsidered after the election.
Tom Comar, Oppose Wal Mart, spoke about the right of the community to determine the
direction it will follow and asked how W almart plans to address the concerns raised by
the citizens of Atascadero.
Mark Justin real estate appraiser spoke about the condominium conversion issue and
submitted a summary of condominiums sales in Atascadero. (Exhibit A)
Ann Hatch, representing the Atascadero Veterans Memorial Committee, described the
“Faces of Freedom” sculpture and also spoke about the wall that is proposed to list the
citizens of Atascadero who served their country and are now deceased.
David Broadwater clarified that he was not responsible for leaking the email between
Council Member Luna and the City Manager to a local talk show host, and stated that
the chronology of events generated by the City has been helpful in educating the
citizens of Atascadero.
Eric Greening spoke about the following topics: 1) use of applicable franchise fees to
televise City Council meetings, 2) the importance of recognizing the sacrifices made in
the past wars and questioned the maintenance of the flags proposed for the memorial,
and, 3) suggested agendizing an analysis of Measure J.
Al Fonzi spoke in favor of recognizing the community’s fallen veterans and in support of
the proposed memorial.
Joanne Main, Atascadero Chamber of Commerce Executive Director, urged everyone
to vote in the upcoming election and announced that the Chamber is sponsoring a
candidate’s forum on October 11th, 7:30 a.m., in the City Council chambers.
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Johnny Johnson spoke in support of the Mayor and city staff and in support of a Wal
Mart for Atascadero.
Tom Lewis asked veterans in the audience to raise their hands.
Mayor O’Malley closed the Community Forum period.
Council Member Clay responded to comments made during the Community Forum
period.
Mayor O’Malley addressed issues raised during the Community Forum period
City Manager W ade McKinney reviewed the meeting with Kevin McCall from Wal Mart
and Mr. Santiago of Pacific Meridian, and explained who attended.
APPROVAL OF AGENDA:
Mayor O’Malley announced that the presentation to Dennis Moresco and Item #B-2
have been continued to September 26th.
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Clay to approve the agenda as amended.
Motion passed 3:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor O’Malley announced that Council Member Luna and he attended the League of
California Cities annual meeting last week, and spoke about the Council’s support for
implementing a policy for providing very low income housing.
Penny Rappa, Habitat for Humanity, stated they have an excellent opportunity for low
income families in Atascadero and asked that the project be agendized as soon as
possible.
There was Council consensus to agendize Habitat for Humanity’s project request
on the October 10th Redevelopment Agency agenda.
PRESENTATIONS:
1. Proclamation declaring September 21, 2006 “International Day of Peace.”
Mayor Pro Tem Pacas read the proclamation and presented it to Laurent Bernad who
expressed his gratitude for the city’s recognition of the International Day of Peace.
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Brandon Istenes stated this is a big step forward in striving for peace.
2. Commendation presented to Dennis Moresco.
This item continued to September 26, 2006.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes – August 8, 2006
City Clerk Recommendation: Council approve the City Council meeting
minutes of August 8, 2006. [City Clerk]
2. City Council Special Meeting Minutes – August 17, 2006
City Clerk Recommendation: Council approve the City Council special
meeting minutes of August 17, 2006. [City Clerk]
3. July 2006 Accounts Payable and Payroll
Fiscal Impact: $2,181,094.75.
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for July 2006. [Administrative Services]
4. June 2006 Investment Report
Fiscal Impact: None.
Recommendation: Council approve the Investment Report for June 2006.
[City Treasurer]
5. Final Map 2005-0105 (Parcel Map AT 04-0214) 7930 Santa Ysabel Ave.
(TPM 2004-0062) (Mumford)
Fiscal Impact: None.
Recommendations: Council:
1. Accept Parcel Map AT 40-0214; and,
2. Reject, without prejudice to future acceptance, the offers of dedication
for Public Utility Easement. [Public W orks]
6. Final Map 2006-0133 (Tract 2793) 7665 (etc.) Navajoa Ave. (TTM 2005-
0080) (Otis)
Fiscal Impact: None.
Recommendations: Council:
1. Accept Final Map 2006-0133, Tract 2793; and,
2. Reject, without prejudice to future acceptance, the offers of dedication
for Public Utility Easement and easement to Atascadero Mutual Water
Company. [Public Works]
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7. Charles Paddock Zoo Utility Corridor Project (City Bid No. 2006-010)
Fiscal Impact: $272,050.00 from Proposition 40 State Grant Funds.
Recommendation: Council authorize the City Manager to execute an
agreement with A-Jay Excavating, Inc. in the amount of $182,784.00 for
construction of the Charles Paddock Zoo Utility Corridor Project. [Public
Works]
8. San Marcos Road Acceptance Into City Maintained Road System
Fiscal Impact: There will be additional costs to the City if the City Council
accepts San Marcos Road for maintenance.
Recommendation: Council approve the Draft Resolution accepting San
Marcos Road from the intersection of Los Altos Road to 12170 San
Marcos Road (approximately 5120 feet) into the City Maintained Road
System. [Public W orks]
9. Temporary Road Closure - Calvary Chapel of Atascadero
Fiscal Impact: $160.00 per event for the installation of Road Closed signs
by Public Works Staff.
Recommendation: Council approve a request by Calvary Chapel of
Atascadero for the closure of Palma Avenue from East Mall to West Mall
during an event in the Sunken Gardens on September 22, 2006. [Public
Works]
10. Temporary Road Closure – Colony Days Parade Route
Fiscal Impact: Staff time required for traffic control and clean-up related to
this event.
Recommendations: Council approve Draft Resolution authorizing the
following road closures for the annual Colony Days Parade and related
events:
El Camino Real from Curbaril to Traffic Way, W est Mall from ECR
to Lewis Ave., Entrada Ave. from ECR to Lewis Ave., San Luis Ave.
from Curbaril to Pueblo Ave., and Pueblo Ave. from San Luis Ave.
to ECR on Saturday October 21, 2006 from 8:30 a.m. until 1:00
p.m.;
Palma Avenue from East Mall to W est Mall from 6:00 a.m. Friday
October 20, 2006 to noon Monday October 23, 2006;
East Mall from El Camino Real to Palma on Saturday October 21,
2006 at 6:00 a.m. to Sunday October 22, 2006 at 5:00 p.m. [Public
Works}
11. Land Surveying Services
Fiscal Impact: The costs of land surveying services are billed directly to
the capital project accounts.
Recommendation: Council authorize City Manager to enter into two
additional ongoing contracts for contract land surveying services with firms
on the “Land Surveying Services Qualified Firm List.” [Public W orks]
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12. Consideration of a Construction and Demolition Debris (C&D)
Ordinance Title 8: Local Building Ordinance
Fiscal Impact: There will be additional staff time necessary to review
recycling plans and determine compliance.
Recommendation: Council adopt on second reading, by title only, the
Draft Ordinance A adding Chapter 13 to Title 8 of the Atascadero
Municipal Code, requiring the mandatory recycling of construction and
demolition debris. [Community Development]
13. San Andres Planned Development #25: ZCH 2005-0097 (Barre)
Description: Approval of Zone Change that would allow a 5-unit
residential planned development in a currently developed site with a
single-family residence that has been identified as a Colony Home.
Fiscal Impact: None.
Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A approving Zone Change 2005-0097 based on findings.
[Community Development]
14. SLO Green Build Memorandum of Understanding
Fiscal Impact: The MOU has no end date and requires the City to pay
SLO Green Build $2,000 annually.
Recommendation: Council authorize the Mayor to execute the attached
the Memorandum of Understanding between the City of Atascadero and
SLO Green Build. [Community Development]
15. Proposed Lake Park Design Guidelines
Fiscal Impact: None at this time.
Recommendation: Council review the proposed Lake Park Design
Guidelines, provide staff with direction regarding modification of the
guidelines, and adopt the guidelines. [Community Services]
16. Supplemental Law Enforcement Services Fund (SLESF)
Fiscal Impact: $100,000 to be paid for by SLESF grant funds.
Recommendation: Council designate 2006/2007 Supplemental Law
Enforcement Services Fund (SLESF) monies for use in frontline Police
services and equipment improvements. [Police]
Mayor O’Malley announced that Item #A-8 has been amended as follows: Page 66,
Draft Resolution, paragraph 5 to read:
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero, pursuant to the provisions of Section 1806 of the California Streets
and Road to 12170 San Marcos Road Project Boundary of PD 11 (approximately
5120 feet) is hereby accepted into the City maintained Road System.
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Items pulled: Eric Greening, Item #A-15.
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Clay to approve Items #A-1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14 and 16.
Motion passed 3:0 by a roll-call vote. (Item #A-7 Contract No.
2006-031, Item #A-8 Resolution No. 2006-085, Item #A-10
Resolution No. 2006-086, Item #A-12 Ordinance No. 497, Item
#A-13 Ordinance No. 498, Item # A-14 Contract No. 2006-032)
Item #A-15:
Community Services Director Brady Cherry gave the staff report.
Eric Greening asked for clarification on the paint color to be used for repainting of the
Carden Gazebo when needed, and stated there is a continuing issue of the lake itself.
David Main, project consultant, clarified that when needed, the Carden Gazebo would
be repainted in the existing colors of the gazebo.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Pacas to approve Item #A-15.
Motion passed 3:0 by a roll-call vote.
B. PUBLIC HEARING:
1. Title 9 Planning and Zoning Text Amendment ZCH 2006-0117 / PLN 2006-
0110 Industrial Zoning Uses, Sign Ordinance & Exterior Lighting (City of
Atascadero)
Fiscal Impact: None.
Recommendations: Planning Commission Recommends: Council:
1. Adopt Draft Resolution A certifying Proposed Negative Declaration
2006-0023; and,
2. Introduce for first reading, by title only, Draft Ordinance A approving
Zone Change 2006-0117 based on findings. [Community
Development]
Community Development Director W arren Frace gave the staff report and, with Public
Works Director Steve Kahn, answered questions of Council.
PUBLIC COMMENT
Steve Martin, Executive Director Atascadero Main Street, spoke about the process for
the sign ordinance recommendations. He stated the parking/signage within the site
triangle is a common sense issue and he agrees with the recommendation.
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Joanne Main, Executive Director Atascadero Chamber of Commerce, explained the
reasoning behind the banner time frame, and spoke about how they had surveyed
businesses around town. She urged enforcement of the ordinance.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Pacas to adopt Draft Resolution A certifying Proposed
Negative Declaration 2006-0023; and, introduce for first
reading, by title only, Draft Ordinance A approving Zone
Change 2006-0117 based on findings, and with the exception
that if parking will be allowed within the site triangle then the
sign would be allowed to stay until the parking is removed,
and for the first 90 days that this ordinance is in effect the fees
for encroachment permits will be waived.
Motion passed 3:0 by a roll-call vote. (Resolution No. 2006-087)
2. Interim Urgency Ordinance Establishing a Moratorium on the Approval
of “Site Condominiums”Site Condo Moratorium
Description: Temporary Ordinance establishing a moratorium for the
approval of “site condominiums.”
Fiscal Impact: None.
Recommendation: Council adopt the attached interim urgency ordinance
establishing a moratorium on the approval of “site condominiums.” [City
Attorney]
This Item has been continued to September 26, 2006.
C. MANAGEMENT REPORTS:
1. Annual Housing Report Calendar Year 2005
Fiscal Impact: None.
Recommendation: Council receive and file the attached Annual Housing
Report. [Community Development
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Eric Greening stated there is a lot of catch up to be done in the very low income
category and he could not accept counting units in a housing shelter as low income
units as these are transitional.
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Ellen Beraud, Planning Commission Chair, stated the Commission’s concerns that the
low and very low income housing goals have not been met, and wondered if Council
would address allowing more dense planned developments in multi family zoning.
Mayor O’Malley closed the Public Comment period.
2. City Council Strategic Initiatives Update
Fiscal Impact:
Recommendation: This is an informational report; Council may want to
refine the work on, or direction of, one or more of the initiatives. [City
Manager]
City Manager Wade McKinney gave the staff report and answered questions of Council.
PUBLIC COMMENT
Eric Greening expressed concern with emergency evacuation of the medically
vulnerable population and asked if Atascadero has a list of these people.
City Manager W ade McKinney stated that the Police and Fire Department are working
on an ongoing basis on a special needs database.
Mayor O’Malley closed the Public Comment period.
D. COMMITTEE & LIAISON REPORTS:
Mayor O’Malley
1. County Mayor’s Round Table: Are speaking about sales tax issues.
2. Finance Committee: Working on issues related to inclusionary housing.
3. Air Pollution Control District (APCD): Involved in educational activities.
4. Economic Vitality Corporation, Board of Directors (EVC): Looking at regional
activities to help local businesses; specifically looking at the wine industry at
this time.
5. League of California Cities – Grassroots Network: Active in protecting cities
from state takeaways.
6. Economic Opportunity Commission (EOC): Concerned about funding for the
homeless shelter.
7. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority
(SLORTA): Dealing with regional transportation issues, specifically the 101/41
interchange.
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E. INDIVIDUAL DETERMINATION AND/OR ACTION: None
F. ADJOURNMENT:
Mayor O’Malley adjourned the meeting at 9:07 p.m. to the next regularly scheduled
meeting of the City Council on September 26, 2006.
MINUTES PREPARED BY:
_________________________
Grace Pucci, Deputy City Clerk
The following exhibit is available for review in the City Clerk’s office:
Exhibit A – Mark Justin, Atascadero Condo Sales Summary