HomeMy WebLinkAboutMinutes 041409 Approved May 26, 2009
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'a CITY OF ATASCADERO
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CITY COUNCIL
MINUTES
Tuesday, April 14, 2009
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
CITY COUNCIL REGULAR SESSION 6 20 p.m
Mayor Beraud called the meeting to order at 6 20 p m and Council Member O'Malley
led the Pledge of Allegiance
ROLL CALL.
Present: Mayor Beraud, Mayor Pro Tem Fonzi, Council Members Clay, Kelley,
and O'Malley
Absent None
Others Present: City Clerk / Assistant to the City Manager Marcia McClure Torgerson,
and Deputy City Clerk Susanne Anshen
Staff Present: Assistant City Manager Jim Lewis, Community Development Director
Warren Frace, Community Services Director Brady Cherry,
Administrative Services Director Rachelle Rickard, Chief of Police Jim
Mulhull, and City Attorney Brian Pierik.
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 04/14/2009
Page 1 of 11
Approved May 26, 2009
A. CONSENT CALENDAR
1 City Council Meeting Draft Minutes — February 10, 2009
■ Recommendation Council approve the City Council Meeting Draft
Minutes of February 10, 2009 [City Clerk]
2. City Council Meeting Draft Minutes — February 24, 2009
■ Recommendation. Council approve the City Council Special Meeting
Draft Minutes of February 24, 2009 [City Clerk]
3. Temporary Road Closure — Atascadero Main Street and Community Link
— Cinco de Mayo
■ Fiscal Impact: $190 00 per event for the installation of Road Closed signs
by Public Works Staff
■ Recommendation. Council adopt the Draft Resolution establishing a
temporary tow-away zone and authorizing the closure of East Mall from EI
Camino Real to Palma Avenue and Palma Avenue between East and
West Mall from 7 00 a.m to 7 00 p m on May 2, 2009 for an event
sponsored by Atascadero Main Street and Community Link. [Public
Works]
4 Temporary Road Closure - Atascadero Bible Church
■ Fiscal Impact: $190 00 for the installation of Road Closed signs by Public
Works Staff The road closure costs will be paid by the applicant.
■ Recommendation. Council adopt the Draft Resolution establishing a
temporary tow-away zone and authorizing the closure of Palma Avenue
from East Mall to West Mall on Friday, May 15, 2009, from 12 00 p m to
11 00 p m for an event sponsored by Atascadero Bible Church [Public
Works]
5 Temporary Road Closure — American Cancer Society Relay for Life
■ Fiscal Impact: The applicant will pay the $190 00 fee for the installation of
Road Closed signs by Public Works Staff
■ Recommendation. Council adopt the Draft Resolution, establishing a
temporary tow-away zone and authorizing the closure of Palma Avenue
from East Mall to West Mall from 6 00 p m on May 29, 2009, through
12 00 p m on May 31, 2009, for the American Cancer Society Relay for
Life event. [Public Works]
6. Temporary Road Closure - Atascadero Main Street - "Great American
Holiday Celebration"
■ Fiscal Impact: $190 00 per event for the installation of Road Closed signs
by Public Works Staff
■ Recommendation. Council adopt the Draft Resolution establishing a
temporary tow-away zone and authorizing the closure of East Mall from EI
Camino Real to Palma Avenue, West Mall from El Camino Real to Lewis
CC Minutes of 04/14/2009
Page 2 of 11
Approved May 26, 2009
Avenue, and Palma Avenue between Entrada and East Mall from 7 00
a.m to 1000 pm on Saturday, July 11, 2009 for Atascadero Main
Street's Great American Holiday celebration [Public Works]
7 PLN 2008-1314 - Dove Creek Commercial Center Amendment - Santa
Barbara Road & EI Camino Real (PMB Development Company)
■ Description. Approval would remove the "indoor only" restriction from
"farm equipment and supply" uses in the PD-9 overlay zone
■ Fiscal Impact: The proposed project will have a positive fiscal impact on
the City by increasing sales tax revenues The store will also serve as an
anchor for the Dove Creek Shopping Center and is expected to attract
additional retail stores in the future
■ Recommendation. Council adopt on second reading, by title only, Draft
Ordinance A amending the zoning code text for Planned Development #12
(Zone Change 2008-0151) to allow outdoor sales for farm equipment and
supply establishments based on findings [Community Development]
8. PLN 2099-0997 - Amendment to West Front Village - 9002 West Front
Road & 9000-9092 Coromar Ct. (Shannon /West Front Village, LLC)
■ Fiscal Impact: Based on findings from the Taussig Study, revenue from
new residential development including property tax revenues, vehicle
licensing fees, sales taxes, and other revenues are insufficient to cover
the maintenance and emergency services costs of new development.
Based on the revenue projections from the Taussig Study, the City has
am developed standard conditions of approval for new development projects
that require the cost of maintenance and emergency services to be funded
by the project through a combination of road assessment districts,
landscape and lighting districts, and community facilities districts
(Conditions CUP 19 and 20/ TTM 12 and 13) Inclusion of these
conditions of approval will mitigate any negative fiscal impact on the City
At the March 24, 2009 hearing, the Council voted to amend the conditions
of approval to require the developer to maintain the freeway frontage
landscaping for a period of two years, rather than in perpetuity
Maintenance will then be taken over by the City There will be additional
cost to the City to maintain the freeway frontage landscaping after the
initial two year period
■ Recommendation. Council adopt on second reading, by title only, the Draft
Ordinance approving Zone Code Text Change 2009-0152 (PLN 2099-
0997) amending the PD-23 Overlay District Text consistent with the
revised project design based on findings [Community Development]
9 Edward Byrne Memorial Justice Assistance Grant
■ Fiscal Impact: Receipt and expenditure of $46,100 00 in federal criminal
justice grants funds
■ Recommendation. Council approve the Police Department submission of
an application to the U S Department of Justice for federal criminal
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Page 3 of 11
Approved May 26, 2009
justice funding through the Justice Assistance Grant (JAG) with an award
of $46,100 00 [Police]
am
Mayor Pro Tem Fonzi pulled Item No A-9 Mayor Beraud pulled Item Nos A-7 and A-8
MOTION By Council Member O'Malley and seconded by Mayor
Pro Tem Fonzi to approve Item Nos. A-1, A-2, A-3, A-4,
A-5 and A-6 on the Consent Calendar
Motion passed 5.0 by a roll-call vote. (Item No. A-3,
Resolution No. 2009-018; Item No. A-4, Resolution No.
2009-019, Item No. A-5, Resolution No. 2009-020; and
Item No. A-6, Resolution No. 2009-021)
Item A-8
Mayor Beraud stated that she pulled this item because she wants to vote no
PUBLIC COMMENT
Lee Perkins spoke of her disappointment that low-income housing was removed from
the equation on the West Front Village project. She also remarked Atascadero has 12
fast-food drive-through restaurants which could mean fewer restaurants willing to locate
in the City She also expressed concern the City would agree to a two year landscape
agreement relieving the developer from responsibility
Mayor Beraud closed the Public Comment Period.
Community Development Director Warren Frace explained the low-income housing
element was not dropped and explained the two options approved by the City Council
Community Development Director Warren Frace, Assistant City Manager Jim Lewis,
and City Attorney Brian Pierik answered questions of the Council
Mayor Beraud stated she will vote no on this matter because of the changes to the
residential area.
MOTION By Council Member Clay and seconded by Council
Member Kelley to adopt on second reading, by title only,
the Draft Ordinance approving Zone Code Text Change
2009-0152 (PLN 2099-0997) amending the PD-23 Overlay
District Text consistent with the revised project design
based on findings.
Motion passed 4 1 by a roll-call vote. (Beraud opposed)
(Ordinance No. 539)
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Approved May 26, 2009
Item A-9
Mayor Pro Tem Fonzi asked for clarification as to what the grant would cover Police
Chief Jim Mulhull reviewed items to be covered by the Edward Byrne Justice Grant and
answered questions of the Council
City Clerk / Assistant to the City Manager Marcia McClure Torgerson stated there is a
correction to the amount in the packet. Instead of $46,100 00, the amount should be
$46,11900
PUBLIC COMMENT None
Mayor Beraud closed the Public Comment period.
MOTION By Mayor Pro Tem Fonzi and seconded by Council
Member Kelley to approve the Police Department
submission of an application to the U S. Department of
Justice for federal criminal justice funding through the
Justice Assistance Grant (JAG) with an award of the
corrected figure $46,119.00
Motion passed 5.0 by a roll-call vote.
Item A-7
Mayor Beraud presented photos of other Tractor Supply facilities and asked Community
Development Director Warren Frace to comment on them, stating her intent was to
show the public that staff has worked with Tractor Supply Company to mitigate the
appearance of the outdoor sales area and its impact on the surrounding residential
area.
Community Development Director Warren France reviewed the mitigations and
answered questions of the Council
PUBLIC COMMENT
Keith Vreeken asked that the language stating no items could be stored above the
fence line be included in the conditions, which he could not currently locate
Mike Brennler stated this was a great disservice to neighbors who purchased homes
with an expectation of the type of commercial development included, and which now
has been changed He asked the City Council to take care that the storage is not
allowed above the fence
Barbie Butz stated her oldest son purchased a condominium in Dove Creek, and now
regrets not being more involved because the zoning change impacts him personally
She asked the City to address all the concerns of the residents
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Approved May 26, 2009
Tom Comar stated this was a good project in a wrong location as it does not fit in with
the homeowners who have concerns over the fencing and the enforcement He also
stated the school bus stop and mail boxes need to be relocated
Mayor Beraud closed the Public Comment period.
Community Development Director Warren Frace answered additional questions of the
Council
MOTION By Council Member Clay and seconded by Council
Member Kelley to adopt on second reading, by title only,
Draft Ordinance A amending the zoning code text for
Planned Development #12 (Zone Change 2008-0151) to
allow outdoor sales for farm equipment and supply
establishments based on findings
Motion passed 5.0 by a roll-call vote. (Ordinance #538)
UPDATES FROM THE CITY MANAGER
Assistant City Manager Jim Lewis
• Thanked the Council Members for attending a meeting sponsored by the Pacific
Gas & Electric on AB811 AB811 is a bill passed by the legislature allowing for
assessments on property in a district formed by the residents themselves for the
purpose of energy efficiency and installation of alternative energy devices, such
as solar panels, etc , which benefits property owners by allowing them to pay for
these devices over time There will be information forthcoming on this at a future
City Council meeting
• The Hoffs have met with staff and are working out some insurance issues
• The City Manager is attending a board meeting for the California Redevelopment
Association Since the President of Rabobank is also attending, he will be talking
with them about reconsidering the Colony Square project
• He recognized Council Member O'Malley as our representative to San Luis
Obispo Council of Governments, and because of his efforts for our City, we
received an additional $1 75 million in Federal Stimulus money to finish paving
Santa Rosa Avenue and putting in a bike lane with streetscape
COMMUNITY FORUM
Grenda Ernst, President of the Atascadero Martin Poland Library, announced that
during National Library Week the Friends of the Library worked to double the library size
and started fund raising $6 million Currently, they have raised $1 million She
answered questions of the City Council and offered more information is available at
www atascaderofriendsofthelibrary.org
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Approved May 26, 2009
Beverly Aho spoke of two upcoming events, a flea market on April 18 from 9 am to 2
p m where the Historical Society will have a booth, and the April 25the Colony Home
Tour featuring five homes and an additional five that are currently for sale
Lee Perkins noted some questions have not been answered from Community Forum,
and spoke of the alarming number of fast-food, drive-through restaurants in the City
Karen Hampshire, speaking on the De Anza Trail for horseback riding, bicycling and
hiking, noted a couple of months ago that she encountered dirt bike riders and
expressed her concern for safety She asked that they be kept off the trails, and asked
if posting signs with contact information or posting information on the City website as to
who to contact for patrol would be possible
Barbie Butz noted it is Marge Mackey's 88th Birthday and asked everyone to wish her a
happy birthday She spoke of Mrs Mackey's many accomplishments including being
the first woman mayor of Atascadero
Mayor Beraud closed the Community Forum period.
Mayor Beraud spoke of the number of fast-food, drive-through restaurants and asked if
the Council wanted to bring the issue back for review There was no consensus
Assistant City Manager Jim Lewis stated the dirt bike riders are usually long gone by the
time police arrive, and Police Chief Jim Mulhull stated calling 911 on any cell phone will
connect to the Atascadero Police or Highway Patrol who can respond Council
Members expressed their concern with this situation suggesting this should be
discussed this summer at Strategic Planning
There was consensus of the Council Members to bring this issue back to the
Council at a later date for education and to address the barriers, restrictions and
alternatives on the trail system
Mayor Beraud suggested the City do a presentation for Marge Mackey
B PUBLIC HEARINGS
1 Atascadero's Tourism Study and Marketing_ Plan Presented by Carl
Ribaudo of the Strategic Marketing Group (SMG)
■ Ex Parte Communications
■ Fiscal Impact: Tourism is included in the Council's goal of growing the
City's economy and the pursuit of Economic Development Funding for
marketing plan items will be within currently budgeted funds, and final
implementation of action plans will be included as part of the upcoming
proposed Budget.
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Approved May 26, 2009
■ Recommendation. Council receive and file the report. [Community
Services]
a.
EX PARTE COMMUNICATIONS
• Council Member O'Malley stated he was Chairperson of the Economic Vitality
Corporation when they prepared a county-wide tourism study, and for the
small investment from our City, Council Member O'Malley stated we received
a large study and was pleased to have been a part of this process
Community Services Director Brady Cherry gave the staff report and introduced Carl
Ribaudo Carl Ribaudo, Strategic Marketing Group, gave a presentation on the
Atascadero Tourism Marketing Plan and answered questions of the City Council
PUBLIC COMMENT
Bruce Bevins asked if the report could be placed on city website
Steve Martin said the report is already on the City's website He noted it is very
interesting to see the ideas put together in a cohesive fashion from all ideas, and stated
we need to create Atascadero as an end destination and capitalize on cultural tourism
with our strengths of small, intimate gathering places
Bill White, Professional Firefighters #3600, stated converting one of our lodging centers
' to residential care takes away from the tourism aspects
Chuck Ward stated friends who have visited and provided their input have said
Atascadero is beautiful and we are unique because of our zoo and veterans' memorial
He also stated the whole section of Highway 101 through Atascadero will become part
of the Purple Heart Trail, and we will benefit from tourism from these unique features
Barbie Butz stated she was on KPRL's Sound Off, and spoke for an hour about
Atascadero and things taking place throughout the City
Mayor Beraud closed the Public Comment period.
Carl Ribaudo spoke about the Best Western Colony Inn conversion and stated he
currently has no opinion without studying the issue Mr Ribaudo answered questions of
the City Council
There was consensus of the City Council Members to
receive and file the Atascadero's Tourism Study and Marketing
Plan Presented by Carl Ribaudo of the Strategic Marketing Group (SMG).
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Approved May 26, 2009
C MANAGEMENT REPORTS
00
1 Approval of City Council Strategic Planning Goals
■ Fiscal Impact: There is no fiscal impact to the approval of these strategic
planning goals and consent to the related action plans The Council goals
and related action plans, however, are a critical part of the budget
process Funding for implementation of the action plans will be included in
the proposed 2009-2011 Budget which will be brought before the Council
in June
■ Recommendation. Council approve strategic planning goals and consent
to related action plans [City Manager]
Council Member O'Malley suggested the Council table Item No C-1
There was a consensus of the City Council to table
Item No. C - 1 to a future City Council meeting
2. Appointment of City Council ICLEI Liaison
■ Fiscal Impact: There will be no fiscal impact regarding the appointment of
the Elected Official Liaison The Council approved a resolution to join
ICLEI at the March 24, 2009 City Council meeting The resolution
included approval of the $600 membership fee to join ICLEI to use their
software and services
■ Recommendation. Council appoint a City Council member as the Elected
Official Liaison for ICLEI [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of the City Council
PUBLIC COMMENT None
Mayor Beraud closed the Public Comment period.
MOTION By Council Member O'Malley and seconded by Council
Member Kelley to appoint Mayor Pro Tem Fonzi as the
Elected Official Liaison for ICLIE.
Motion passed 5.0 by a roll-call vote.
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Approved May 26, 2009
3 Budget Plan 2009-2011
■ Fiscal Impact: There is no fiscal impact concerning this progress report on
the City's FY 2009-2011 Budget.
■ Recommendation. Council receive oral report regarding progress on the
FY 2009-2011 Budget. [Administrative Services]
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions of the City Council
PUBLIC COMMENT None
Mayor Beraud closed the Public Comment period.
There was consensus of the Council Members to receive and file the
oral report regarding progress on FY 2009-2011 Budget.
COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member O'Malley:
Council Member O'Malley reported he and Council Member Kelley attended a business
seminar led by Representative Sam Blakeslee and Atascadero was the only City
complimented by business people
Council Member Clay:
Council Member Clay stated the Big Lots store opened at Mission Oaks Center next to
the Big 5 store These are benefits for the City and he asked people to patronize them
Mayor Beraud.
Mayor Beraud stated the "buy local" idea is very important to the City
Council Member Kelley:
Council Member Kelley thanked staff and the Planning Commission who work very hard
behind the scenes to make our City very business-friendly
D COMMITTEE REPORTS
Mayor Beraud
• Mayor Beraud attended Mayors' Round Table where they discussed centralizing
dispatch for police and fire A study will come back to us in a few months
Mayor Pro Tem Fonzi
• Mayor Pro Tem Fonzi attended an Air Pollution Control District meeting and they
are continuing to review the greenhouse gas issue
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Approved May 26, 2009
Council Member Kellen
• Council Member Kelley attended the Atascadero Youth Task Force, who are
planning a Bonanza Day when school gets out utilizing the ball parks, skate park,
and community center
Council Member O'Malley
• The EVC took on a study as to how businesses are responding on the economic
stimulus programs and prepared a plan which positioned our area for future
funding Council Member O'Malley commended staff for providing the
information on such short notice
• League of California Cities meeting will be held starting tomorrow in Sacramento
Council Member O'Malley stated he, Bob Kelley, and Marcia McClure Torgerson
will attend and will be reporting back to the Council
• At last week's Council of Governments meeting they fought for an additional
$267,000 that was not in the budget and we able to secure these funds
• Regional Transportation Authority is holding a bike challenge coming up May 18
to 22, 2009, called "Bike to Work Week" and challenged Council Members to ride
to work and to City Hall
• Council Member O'Malley will be attending his first meeting of the Central Coast
Regional Water Quality Control Board in May; he has attended countless hours
of orientation meetings
Mayor Beraud
May 19, 2009, there is a Special Election and passage of Propositions 1 A — E is
important to fill the shortfall in the state budget.
E. INDIVIDUAL DETERMINATION AND/ OR ACTION
City Clerk/ Assistant to the City Manager Marcia McClure Torgerson reported the North
County Christian Thrift Store has signed a lease for the old McNamara building next to
Taco Bell On April 24, 2009, they will be having a BBQ to raise funds to help with the
costs, and they will be accepting donations
F ADJOURNMENT
Mayor Beraud adjourned the meeting at 8 25 p m
MINUTES PREPARED BY
Susanne Anshen, Deputy City Clerk
CC Minutes of 04/14/2009
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