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HomeMy WebLinkAboutMinutes 091206Approved October 10, 2006 CC Minutes 09/12/06 Page 1 of 10 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 Approved October 10, 2006 CC Draft Minutes 09/12/06 Page 2 of 10 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. Approved October 10, 2006 CC Draft Minutes 09/12/06 Page 3 of 10 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. Approved October 10, 2006 CC Draft Minutes 09/12/06 Page 4 of 10 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] Approved October 10, 2006 CC Draft Minutes 09/12/06 Page 5 of 10 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] Approved October 10, 2006 CC Draft Minutes 09/12/06 Page 6 of 10 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. Approved October 10, 2006 CC Draft Minutes 09/12/06 Page 7 of 10 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. Approved October 10, 2006 CC Draft Minutes 09/12/06 Page 8 of 10 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. Approved October 10, 2006 CC Draft Minutes 09/12/06 Page 9 of 10 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. Approved October 10, 2006 CC Draft Minutes 09/12/06 Page 10 of 10 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