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HomeMy WebLinkAboutMinutes 021009 Approved April 14, 2009 wrr 7rn`��; r r ,t ..ems CITY OF ATASCADERO CITY COUNCIL MINUTES Tuesday, February 10, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REGULAR SESSION 6 00 P M Mayor Beraud called the meeting to order at 6 00 p m and Mayor Pro Tem Fonzi led the Pledge of Allegiance ROLL CALL Present: Council Members O'Malley, Clay, Kelley, Mayor Pro Tem Fonzi, and Mayor Beraud Absent: None Others Present: City Clerk / Assistant to the City Manager Marcia McClure Torgerson, and Deputy City Clerk Susanne Anshen Staff Present City Manager Wade McKinney, Assistant City Manager Jim Lewis, Community Development Director Warren Frace, Community Services Director Brady Cherry, Interim Public Works Director Geoff English, City Attorney Brian Pierik, and Police Chief Jim Mulhall APPROVAL OF AGENDA. MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Kelley to approve the agenda. Motion passed 5.0 by a roll-call vote. CC Minutes of 02/10/2009 Page 1 of 12 Approved April 14, 2009 A. CONSENT CALENDAR 1 City Council Special Meeting Draft Minutes —January 6, 2009 ■ Recommendation. Council approve the City Council Special Meeting Minutes of January 6, 2009 [City Clerk] 2. City Council Meeting Draft Minutes — January 13, 2009 ■ Recommendation. Council approve the City Council Meeting Minutes of January 13, 2009 [City Clerk] 3 Peoples' Self-Help Housing Homebuyer Education or Foreclosure Prevention Workshops Funding Request ■ Fiscal Impact. $2,020 00 from the In-Lieu Low Income Housing Fund ■ Recommendation. Council authorize the Administrative Services Director to appropriate $2,020 in In-Lieu Low Income Housing Funds for Homebuyer Education or Foreclosure Prevention Workshops [City Manager] 4 Passage of CaIPERS Employer Resolution to Tax Defer Member Paid Contributions ■ Fiscal Impact: None ■ Recommendation. Council approve the Draft Resolution allowing member-paid contributions to be tax deferred [City Manager] MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Kelley to approve the Consent Calendar (Item No A-4 Resolution No 2009-008.) Motion passed 5.0 by a roll-call vote. COMMUNITY FORUM Tom Gaddis, Atascadero Ministerial Association, introduced new member, Robert Campbell, who offered a prayer David Broadwater stated the First Amendment to the Constitution is being ignored by Council Members and urged all meetings be video-taped Joan O'Keefe stated the democratic process and Council Norms are not being followed as demonstrated at last Council meeting and Strategic Planning meeting, and urged audio and/or video-taping of all Council meetings Joanne Main, Atascadero Chamber of Commerce, announced the Empower Hour on February 17, 2009, 7 30 a m at the Carlton Hotel featuring guest speaker, Assistant City Manager Jim Lewis, and invited everyone to the Monthly Membership Mixer on February 19th at 5 30 p m at Los Padres Bank. CC Minutes of 02/10/2009 Page 2 of 12 Approved April 14, 2009 Steve Martin, Atascadero Main Street, announced the Downtown Sweetheart Stroll Saturday from 1 p m to 4 p m , and a new promotion called First Friday featuring Um restaurant specials Tom Comar spoke of his disappointment in the City Council choosing not to consider updating the Municipal Codes to provide for a public review process Mr Comar read a letter regarding Mayor Beraud's treatment in a public session Mike Brennler stated all public meetings should be recorded so certain public officials cannot behave in a dishonorable fashion, citing examples of Council Member actions in the past. Tom Lewis, Second Vice President, and Jim Wilkins, President, of the Atascadero Historical Society, invited everyone downtown for their open house at the Colony House this Friday from 5 30 p m to 8 30 p m and Saturday 1 p m to 4 p m Bruce Bevins spoke about the anger in the City, and asked the Council Members to make civility a priority Midori Feldman, President Atascadero Democratic Club, announced Sue Harvey will be speaking at their next meeting on the Santa Margarita Ranch issue on Thursday, February 19th, at 7 p m at the Art building at Atascadero Lake Park. Ms Feldman further spoke about following the democratic process, and asked the Council Members to have patience and kindness when dealing with issues Ted Jacobson, California Meridian, stated he feels meetings have improved and appreciates everything Council Members have done Mr Jacobson asked the City Council to clear the air so innuendos that are in the newspaper do not take on a momentum of their own Mayor Beraud closed the Community Forum period. Mayor Beraud stated she had sent an email to Aaron Rios, the developer on the Walmart project, and had sent a copy to the City Manager Wade McKinney She also stated she had sent another email entitled "Atascadero Alert" to constituents Mayor Beraud said she signed both emails as Mayor of Atascadero Because the other Council Members brought this issue up and expressed their concerns at Strategic Planning Workshop, she agreed to rethink using her title, and she has decided to use a disclaimer paragraph on her correspondence stating her emails do not represent the Council as a whole or the policies of the City Mayor Pro Tem Fonzi stated public input is important to the City Council and the Council values citizen input. She further stated raising of hands in support of issues has been loosened to allowing clapping Mayor Pro Tem Fonzi stated she believes clapping is a long-held, American tradition CC Minutes of 02/10/2009 Page 3 of 12 Approved April 14, 2009 Council Member O'Malley stated it is important to remind people that protection of minority opinions is a serious consideration of the Council He also stated that he and a' Mayor Beraud have now agreed on how they will communicate with each other and the rest of the Council and City Staff Council Member Kelley stated former Planning Commissioner Joan O'Keefe was not present when awards were handed out and thanked her for her service to the City Council Member Clay stated he agreed with Mayor Beraud's idea of the disclosure on emails and his approval of the spontaneity of clapping Mayor Pro Tem Fonzi thanked those members of the audience for speaking out on both sides of issues She stated there is value to taping public meetings B PUBLIC HEARINGS None C MANAGEMENT REPORTS 1 10-Year Plan to End Homelessness in San Luis Obispo County ■ Fiscal Impact: Endorsement of the Plan involves no financial commitment by the City The only commitment being requested is to participate in the process of implementation of the recommendations and to use the Plan as a guiding document with regard to affordable housing and prevention of homelessness ■ Recommendations. Council 1 Receive the 10-Year Plan to End Homelessness, as prepared under the guidance of the Countywide San Luis Obispo County Leadership Council, and, 2 Endorse the Guiding Principles that underline the Plan as approved by the Leadership Council, and, 3 Utilize the 10-Year Plan and the Guiding Principles as a point of departure in our future efforts, both within cities and among the regional partners, to address and prevent homelessness in the County of San Luis Obispo, and, 4 Designate a Council Member to serve as the City representative in the ongoing collaboration to address and prevent homelessness within the County [City Manager] Dana Lilley, County Planning and Building Department representing the Transition Team, including Dee Torres and Scott Smith, gave the report and answered questions of the City Council Members Mr Lilley provided the City Council Members with a brochure entitled "Path to a Home " (Exhibit A) �r CC Minutes of 02/10/2009 Page 4 of 12 Approved April 14, 2009 PUBLIC COMMENT John Lauffer, ECOSLO President, 2008, stated he was asked by Supervisor Jim Patterson to develop a position on this 10-year plan He read a letter addressed to Supervisor Jim Patterson on the funding and ECO's position that ending chronic homelessness is more realistic than ending homelessness completely, and urged the Council approve this plan in principle Pearl Munak, Transitional Food & Shelter, urged the Council to vote in favor of this plan as it will make better use of resources She stated as homelessness is on the rise, her organization hopes to work together with all agencies County Supervisor Jim Patterson stated the San Luis Obispo County Supervisors endorsed this Plan and encouraged endorsement along with the six sister cities who have already approved the Plan He stated the Plan will help educate elected officials, administrators and the general public, evaluate services, improve efficiency and become a requirement for Federal funding Cathy Enns, Food Bank Coalition of SLO County, urged endorsement of the Plan as the Plan will bring more food into the hands of the agencies Paul Brown, City of San Luis Obispo, member of Transition Team, said that this Plan sets priorities to accomplish what is most essential '`w Joan O'Keefe asked whether CDBG funds from the County will be impacted, especially funding Atascadero receives from the county She also asked if any of the money given to Good Samaritan to do a study was ever issued Sandy Jack stated his concern with bureaucracy and we may be rushing to make a decision before determining what the costs and impact will be to the citizens of Atascadero Mayor Beraud closed the Public Comment period. Dana Lilley stated Federal funds for case management are not from CDBG funds He also said that to reapply for these funds, the County needs to have a plan in place Council Member O'Malley answered Ms O'Keefe's question stating the funds for the Good Samaritan study have been returned and the Good Samaritan may reapply for funding MOTION By Council Member O'Malley and seconded by Council Member Clay to 1 Receive the 10-Year Plan to End Homelessness, as prepared under the guidance of the CC Minutes of 02/10/2009 Page 5 of 12 Approved April 14, 2009 Countywide San Luis Obispo County Leadership Council, and, 2. Endorse the Guiding Principles that underline the Plan as approved by the Leadership Council, and, 3 Utilize the 10-Year Plan and the Guiding Principles as a point of departure in our future efforts, both within cities and among the regional partners, to address and prevent homelessness in the County of San Luis Obispo, 4 Designating Mayor Beraud to serve as the City representative in the ongoing collaboration to address and prevent homelessness within the County Motion passed 5.0 by a roll-call vote 2. Staff Authorization to Process Zone Change Application for Colony Inn Hotel Conversion to Residential Care Facility - 3600 EI Camino Real (JP Patel ■ Fiscal Impact: The Administrative Services Department is estimating that the conversion of the hotel to a 75-bed residential care facility would have a negative fiscal impact of at least $154,000 on the City ■ Recommendation. City Council adopt Draft Resolution A withholding staff authorization to process a requested zone change application for the conversion of a 75-room hotel to a residential care facility [Community Development] Community Development Director Warren Frace gave the staff report. EXPARTE • Council Member Kelley met with J P Patel • Mayor Pro Tem Fonzi met with J P Patel on two separate times, once with the City Manager and once with another City Council Member • Council Member O'Malley met with J P Patel and Mayor Pro Tem Fonzi regarding financial implications for the City • Council Member Clay met with J P Patel today Community Development Director Warren Frace answered questions Council PUBLIC COMMENT Randy Dettmer with Dettmer Architecture, stated this is a unique opportunity for the City to provide much needed senior housing to the community, and expressed his concern r that the staff report does not paint a favorable picture Mr Dettmer stated assisted CC Minutes of 02/10/2009 Page 6 of 12 Approved April 14, 2009 living is not residential care, but rather senior housing He stated the convenience of the health club and public transportation next to this facility as well as the restaurant, which will provide an ideal dining facility to the project, make the conversion desirable for the City of Atascadero Prakash Patel and J P Patel, applicants, answered questions of the Council Members and addressed the financial impacts of the conversion of the Colony Inn and the future of the new Marriott project on West Front Street. Pearl Munak expressed concern for additional requirements for residential care facilities and hoped they would not be added to all future care facilities Ted Jacobson, one of the owners of the lot where the proposed Marriott would be established, spoke in favor of the applicant and asked the Council to approve the resolution without the Amendment No 2 Sandy Jack spoke in favor of the project as providing services to all citizens of the community Karyn Sturtevant encouraged the Council to approve this project because Mr Patel has two projects that will eventually provide jobs to Atascadero residents Amar Sohi, one of the Holiday Inn Express owners, spoke in favor of the project He stated we owe it to senior citizens and should not consider the cost of emergency services on this issue He said that he expects the Transient Occupancy Tax loss would be absorbed by other local hotels Ron Rothman expressed his concern that a zoning change would impact entire City, and he would rather see the zoning change only impact this property Bruce Bevins stated the Transient Occupancy Tax could be absorbed by other hotels, and stated seniors in our community would require the same emergency calls wherever they lived Tom Lewis stated he travels 150 miles to see his mother because there is no care facility in Atascadero Mr Lewis stated there would be jobs created, seniors providing business for the health care industry and pharmacies, families traveling to see relatives and the care facility residents would be good consumers Mayor Beraud closed the Public Comment period Mayor Beraud recessed the meeting at 8.47 p.m. Mayor Beraud reconvened the meeting at 9.05 p.m. CC Minutes of 02/10/2009 Page 7 of 12 Approved April 14, 2009 Council Member Kelley stated public comment brought forth issues he had not thought about and agreed with the serious need for this type of facility He also said that the TOT will most likely be absorbed by the other hotels, and he favors the plan Mayor Pro Tem Fonzi asked if all the zoning would be impacted by this change Community Development Director Warren Frace stated whatever change is made will impact the entire district; however, staff is recommending a planned development overlay thereby controlling the number of future conversions Mayor Pro Tem Fonzi stated this will not be revenue neutral, the City will lose TOT if approved, however, she acknowledged the City's need for this facility She stated that she would like more information on CFD fees, Fire Department impacts, and jobs coming from the project. She stated her preference to continue this matter until staff has more details Council Member O'Malley stated there is no doubt about the declining use of the building as a hotel and he would like to maximize the utility of the property He stated he would like to review the PD process to preserve commercial property He also said that although he would like to see both projects go forward, he wants to see some additional commitment on the Front Street (Marriott) project. City Attorney Brian Pierik stated his opinion that legally there is no nexus between the two projects, and the Council cannot condition one zone change for conversion on the s"' other project, nor could Council require the applicant pay the franchise fee on the Marriott project Council Member Clay asked staff if the Council needs to make this site specific so the zoning of other areas are not changed Community Development Director Warren Frace state it could not be made site specific, and it will impact the entire district, however, if they require a planned development overlay for any residential care facility in the commercial zone, it would require all of the same type of projects to come back to the City Council for approval Mayor Beraud stated she supports staff's efforts to do their job by advising the Council of the economic impacts, however, she has difficulty with compatibility with other commercial uses south of the project. She said the Council needs to consider 20 years out rather than just the next three years PUBLIC COMMENT REPOPENED Council Member Kelley asked Mr Prakash and Mr Patel what their time frame would be to start. CC Minutes of 02/10/2009 Page 8 of 12 Approved April 14, 2009 Mr Prakash stated it would be one year after that; however, even if the Best Western flag is gone, they would be still renting as an independent hotel Mayor Beraud closed the Public Comment period. MOTION By Mayor Pro Tem Fonzi that the City Council continue this item to get more information from staff regarding the community facilities district fees and boundaries, the jobs that would be lost or created, and, in particular, the time- frame from development and conversion, and the licensing process for assisted living facilities There was additional Council discussion on the motion Council Member O'Malley suggested Mayor Pro Tem Fonzi modify her motion to take away the study option, which is up to the applicant, and leave Item Nos 2 and 3, the PD and using existing fees, if that would be acceptable MOTION By Mayor Pro Tem Fonzi and seconded by Council Member O'Malley to adopt Draft Resolution B authorizing staff to process a zone change to allow for the conversion of an existing hotel to a residential care facility on APN 049-211-058, 059 with Condition Nos. 2 and 3, and eliminating Condition Nos. 1 and 4 from said resolution (Resolution No 2009-009 ) Motion passed 4 1 by a roll-call vote. (Mayor Beraud opposed.) 3. Creation of the Office of Economic Development ■ Fiscal Impact: It is anticipated the Office of Economic Development will create a net positive fiscal impact to the City The Office will increase City revenues by stimulating economic growth, while costs associated with the creation of the Office, such as staff time and printing costs, are already included in current budget levels ■ Recommendation. Council review and comment on a presentation by staff providing an overview of the Office of Economic Development. [City Manager] Assistant City Manager Jim Lewis gave the staff report. PUBLIC COMMENT Sandy Jack commended the staff on this outstanding work. Mayor Beraud closed the Public Comment period. CC Minutes of 02/10/2009 Page 9 of 12 Approved April 14, 2009 The Council commended staff on being proactive on their top priority The Council received and filed the report. 4 Request by San Luis Obispo County Board of Supervisors (SLOBOS) for Consent to Create a San Luis Obispo County Tourism Business Improvement District (SLOCTBID) ■ Fiscal Impact: If the BID passes, total City of Atascadero BID revenues are estimated to be $80,000 - $100,000 annually Half of this would be spent on county-wide marketing efforts, while the other half would be for City of Atascadero marketing efforts ■ Recommendation. Council adopt the Draft Resolution, authorizing the San Luis Obispo Board of Supervisors to create the San Luis Obispo County Tourism Business Improvement District (SLOCTBID), and granting the San Luis Obispo Board of Supervisors jurisdiction for all the purposes in connection with creation and operation of the proposed SLOCTBID, with input from the lodging businesses and participating cities [Community Services] Council Member O'Malley announced due to the fact that he owns property that could be impacted in the future on this issue, he would recuse himself on this issue He then left the chambers Community Services Director Brady Cherry gave the staff report Community Services Director Brady Cherry and City Manager Wade McKinney answered questions of the City Council members PUBLIC COMMENT None Mayor Beraud closed the Public Comment period MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Kelley to table the matter at this time. Motion passed 4.0 by a roll-call vote. (Council Member O'Malley recused himself) Council Member O'Malley returned to the Council Chambers. 5 Wrestling Bacchantes — Location Selection Process ■ Fiscal Impact: Funding will be needed to administer the process and to complete an engineer's estimate of the construction cost for the various display options suggested The 2007-2009 Budget currently has $51,980 00 that is unencumbered for the Project. If additional funding for CC Minutes of 02/10/2009 Page 10 of 12 Approved April 14, 2009 the selected display is necessary, staff will bring it back to Council to determine which projects should be reduced, deleted, or postponed Recommendation. Council endorse the location selection process and provide decision parameters relevant to the future placement of the Wrestling Bacchantes [Public Works] Interim Public Works Director Geoff English gave the staff report and answered questions of the City Council members PUBLIC COMMENT Tom Lewis, Atascadero Historical Society, said that he would like to have input or serve on a committee He suggested some historic locations the Sunken Gardens close to EI Camino Real, across the Street on the Mall, and the area formerly known as Mercantile Plaza Chuck Ward stated, as a chemical engineer and world traveler, statues out in the open can be kept clean with chemical polymers making it bird-, mold-, and graffiti-proof He also stated the issue of security would be the same as with the Veterans' Memorial and security cameras offer a deterrent. Mr Ward did not favor a gazebo Mayor Beraud closed the Public Comment period MOTION By Council Member Kelley and seconded by Council Member O'Malley to 1 Place the Wrestling Bacchantes statue in the Sunken Gardens, 2. To have the Historical Society and Ethos give input to the City's Parks & Recreation Department on the presentation enhancements and preservation, 3. Notice a public hearing for community input; and 4. Return to the City Council with all recommendations. Motion passed 5.0 by a roll-call vote COUNCIL ANNOUNCEMENTS AND REPORTS Mayor Beraud announced a proposed disclaimer for emails and asked the City Attorney Brian Pierik if he feels this disclaimer would be appropriate City Attorney Brian Pierik stated he has not yet prepared an opinion Council Member Clay stated regarding disclaimers, that he uses "citizen Jerry Clay" in communications, and was disappointed with some negative comments during Community Forum CC Minutes of 02/10/2009 Page 11 of 12 Approved April 14, 2009 Council Member Kelley stated the public has over-exaggerated what happened and it was his impression that Council Member O'Malley had apologized and Mayor Beraud had accepted Council Member O'Malley said he did not apologize, stating his discussions with Mayor Beraud and her husband seemed to work out any conflict. Council Member O'Malley stressed that Strategic Planning is to work out these issues under Council Norms Mayor Beraud stated she still would appreciate an apology for having been pushed to the point of having had to leave the room Council Member O'Malley stated it was important to review his concerns and felt he acted calmly in reviewing statements from Mayor Beraud's letters under Council Norms He stated reviewing the Council Norms would be helpful Mayor Pro Tem Fonzi requested we also include whether meetings are tape recorded Council Member Clay stated people were discussing incidents that went back two years Council Member Clay stated he did not get apology from Mayor Beraud for requesting someone be in the room when they met, and stated this was a little thing and she did not need to apologize City Attorney Brian Pierik stated this discussion is beyond the scope of Council Comments and advised having Council Norms agendized at a future meeting Mayor Pro Tem Fonzi asked the City Attorney if it would be appropriate to take an issue such as the one held during Strategic Planning and discuss it in a closed session City Attorney Brian Pierik stated it would not be appropriate E. INDIVIDUAL DETERMINATION AND/OR ACTION None F ADJOURNMENT 1057 p m Mayor Beraud adjourned the meeting at 10 57 p m to the next regularly-scheduled meeting of the City Council MINUTES PREPARED BY Susanne Anshen, Deputy City Clerk Exhibit A San Luis Obispo Countywide 10-Year Action Plan to End Homelessness—"Path to a Home brochure iiwrr CC Minutes of 02/10/2009 Page 12 of 12