HomeMy WebLinkAboutMinutes 032310 Approved April 27, 2010
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CITY OF A TA SCA DERO
CITY COUNCIL
MINUTES
Tuesday, March 23, 2010
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
Community Redevelopment Agency Closed Session 5 00 P M
City Council Closed Session 5 00 P M (follows RDA Closed
Session)
Community Redevelopment Agency Special Meeting 6 00 P M
City Council Immediately following the conclusion of the
Community Redevelopment Agency meeting
CITY COUNCIL CLOSED SESSION 5 00 P M. (follows RDA
Closed Session)
1 PUBLIC COMMENT— CLOSED SESSION - Closed
City Council Meeting Minutes of 3/23/10
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Approved April 27, 2010
2. CALL TO ORDER
a. Conference with Labor Negotiators(Govt. Code Sec 54957 6)
Agency designated representatives Jim Lewis, Assistant City Manager
Employee Organizations. Atascadero Firefighters Bargaining Unit;
Atascadero Police Association, Service Employees International Union,
Local 620, Mid-Management/Professional Employees, Non-Represented
Professional and Management Workers and Confidential Employees
b. Conference with Real Property Negotiators (Govt. Code Sec 54956 8)
Property- APN #049-193-040
Agency Negotiator- Jim Lewis, Assistant City Manager
Negotiating Parties Benjamin William Bright and Alissa Dalton Bright
Under Negotiation Instruction to negotiator will concern price and terms
of payment
3. ADJOURN
CLOSED SESSION REPORT
City Attorney Brian Pierik announced that there was no reportable action taken
REDEVELOPMENT AGENCY SPECIAL MEETING 6:00 P M.
CITY COUNCIL REGULAR SESSION Immediately following the
conclusion of the
Redevelopment Agency
Special Meeting
Mayor Fonzi called the meeting to order at 6 45 p m and Council Member Clay led the
Pledge of Allegiance
ROLL CALL.
Present: Council Members Clay, O'Malley, Kelley, Beraud and Mayor Fonzi
Absent: None
Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson
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Approved April 27, 2010
Staff Present: Assistant City Manager Jim Lewis, Administrative Services Director
Rachelle Rickard, Community Development Director Warren Frace,
Public Works Director Russ Thompson, Community Services
Director Brady Cherry, Police Chief Jim Mulhall, Fire Chief Kurt
Stone, and City Attorney Brian Pierik.
APPROVAL OF AGENDA. Roll Call
MOTION By Council Member Clay and seconded by Council Member
Beraud to approve the agenda.
Motion passed 5.0 by a roll-call vote.
A. CONSENT CALENDAR
1 City Council Special Meeting Draft Minutes —January 30, 2010
■ Recommendation. Council approve the Draft Special Meeting Minutes
of January 30, 2010 [City Clerk]
2. City Council Meeting Draft Minutes — February 9, 2010
■ Recommendation. Council approve the Draft Special Meeting Minutes
of February 9, 2010 [City Clerk]
3. City Council Meeting Draft Minutes — February 23, 2010
■ Recommendation. Council approve the Draft Meeting Minutes of
February 23, 2010 [City Clerk]
4. California Cultural and Historical Endowment (CCHE) Grant
Application
■ Fiscal Impact: The possibility of up to $500,000 in additional grant
funding for the restoration of Atascadero's historic City Hall
■ Recommendations. Council
1 Adopt the Draft Resolution approving the grant application for
additional California Cultural and Historical Endowment funds for
restoration of the historic City Hall, and,
2 Authorize the Administrative Services Director to execute a contract
with the California Cultural and Historical Endowment if the City is
awarded said grant. [Administrative Services]
5. Final Map 2006-0145 (Parcel Map AT 06-0211) 6910 Navaioa (TPM 2004-
0065) - Young
■ Fiscal Impact: None
■ Recommendations. Council
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1 Adopt and approve Final Parcel Map 2006-0145 (Parcel Map AT
06-0211), and,
2 Reject without prejudice for future acceptance, on behalf of the
public, the offer of dedication for public utility easement, and,
3 Authorize and direct the City Clerk to endorse the Council's
approval on the Map [Public Works]
6. Temporary Road Closure - Calvary Chapel of Atascadero
■ Fiscal Impact:' $19000 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, approving a
request by Calvary Chapel of Atascadero for the closure of Palma
Avenue beginning at 4 00 p m April 3rd and ending at 3.00 p m April 4tn,
from East Mall to West Mall for events in the Sunken Gardens [Public
Works]
7 Historic City Hall Restoration Prosect — Package 1 & 2 - Hazardous
Materials Consultant
■ Fiscal Impact: The cost of awarding the initial phase of the contract is
$84,528 00 in FEMA and CalEMA funds No City or Redevelopment
Agency Funds are being committed at this point in time
■ Recommendations. Council
1 Council authorize the City Manager to execute a contract with Meca
Consulting, Inc (dba Millennium Consulting Associates) for the
"1W hazardous materials consulting services for the Historic City Hall
Project and,
2 Council approve amount of $84,528 00 for Packages 1 & 2,
investigation and design work for deconstruction and construction
activities in the Repair and Hazard Mitigation categories of work.
[Public Works]
Council Member Kelley pulled Item #A-7
MOTION By Mayor Pro Tem O'Malley and seconded by Council Member
Clay to approve Items #A-1 through #A-6 of the Consent
Calendar
Motion passed 5.0 by a roll-call vote. (#A-4 Resolution No. 2010-
013, #A-4. Contract No. 2010-003, #A-6. Resolution No. 2010-014)
#A-7 Council Member Kelley asked for clarification on how this project will be funded
Administrative Services Director Rachelle Rickard responded that FEMA and CalEMA
will be funding this project. The City does not have a final agreement with FEMA,
however the City does have approved funding of approximately $15 million, and can
submit invoices to FEMA for payment. FEMA is a reimbursement grant so we do not
have the cash in hand, the City must spend the money and then file a reimbursement
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Approved April 27, 2010
claim to CalEMA for payment. This process can take anywhere from 30 days to 5
months, depending on how the State of California is doing
Council Member Kelley asked why there was no mention of a profit ratio, or how would
any additional costs be controlled Ms Rickard responded that the hourly rate will be
the flat amount for any additional work required
MOTION By Mayor Pro Tem O'Malley and seconded by Council Member
Kelley to approve Item #A-7 of the Consent Calendar
Motion passed 5.0 by a roll-call vote. (Contract No. 2010-004)
UPDATES FROM THE CITY MANAGER
Assistant City Manager Jim Lewis gave the update
• The City is still waiting for WalMart to submit their plans Staff does expect to
receive their application very soon
• The Colony Square project is progressing nicely
• The La Plaza Workshop took place last Thursday The direction given to Staff
was to move forward with the CUP processing and Staff will be bringing it to the
Planning Commission on April 201h
• The Zoo has been accredited for another four years There will be a reception to
celebrate on April 15th at the Pavilion at 4 30 p m The construction of the Zoo
remodel is progressing well
• The Eagle Ranch project is coming in for a re-start meeting March 31St
• The Police Department has launched a new technology called Nixie com
Anyone can go to the website and sign up for a Nixie feed If there is a major
crime or incident that would be of interest to a neighborhood, the Police
Department will send out a page to your cell phone to tell you of the urgent
event.
• The Census questionnaire has been sent out to all households He urged
everyone to fill out the form completely and accurately and return as soon as
possible An accurate accounting of our residents is critical to formula funding
from the State and Federal governments.
• The Restaurant Program is progressing very well There are 16 participating
restaurants There will be radio ads promoting the www.dineatascadero.com
website, with a calendar of events and specials
too
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COMMUNITY FORUM
aw Mike Casey, member of the Atascadero Ministerial Association, led those present in
prayer
Karyn Sturtevant explained that Atascadero currently has a land use entitled Personal
Service, which includes barber shops, beauty parlors, tattoo parlors, body piercing,
fortune tellers and check cashing This allows any of these businesses to open
anywhere in town with no restrictions She requested the City Council create a new
land use definition, separating these uses and creating a restricted Personal Service
category for tattoo parlors, body piercing, fortune tellers and check cashing As the
Main Street President she stated that she will be encouraging the Main Street Board to
take a position on this issue
Christine Le Fevre, County Public Health Department Tobacco Control Program,
presented to the Council the results of a tobacco compliance check the County did with
the Atascadero Police Department. They surveyed 17 stores in Atascadero, four of
which sold cigarettes to minors Ms Le Fevre explained the importance of a tobacco
retail licensing ordinance, as it would require a store owner to purchase an annual
permit in order to sell a tobacco product. This fee helps pay for enforcement. She
stated that the 13 stores that did not sell cigarettes to minors were 76 Station, Circle K,
Cigarettes for Less, Golden Gate Petroleum, Walgreens, 7/11 Store, EI Camino Liquor,
RiteAid, StageCoach Liquor, Spencer's Fresh Market, Chalk Mountain Liquor and Deli,
and Chevron In response to the Council's questions concerning tobacco retail
licensing, Ms Le Fevre stated that San Luis Obispo County and the cities of Grover
Beach, Arroyo Grande, and San Luis Obispo already have tobacco retail licensing and
that she would be happy to come back to the Atascadero City Council asking that they
adopt a tobacco retail licensing ordinance
Steve Martin announced, as the Main Street Executive Director, that Mike Zappos has
been appointed to the Main St. Board He also shared information concerning
upcoming events As the Tourism consultant, Mr Martin announced that he has
updated the www.visitatascadero.com website, including a calendar of events
Mayor Fonzi closed the COMMUNITY FORUM period.
There was a brief discussion concerning the issue of the land use definition for Personal
Service
There was Council consensus to ask the Chamber and Main Street to look into the
issue of prohibiting tattoo parlors etc The Council also directed the City Attorney to
look into the possibility of the creation of a moratorium for tattoo parlors until Staff can
develop a report to bring to Council for consideration
City Council Meeting Minutes of 3/23/10
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B. PUBLIC HEARINGS
1 Proposed Ordinance Prohibiting the Establishment and Operation of
Medical Marijuana Facilities in the City of Atascadero
■ Ex Parte Communications
■ Fiscal Impact: None
■ Recommendation. Council introduce for first reading by title only, the
Draft Ordinance prohibiting the establishment and operation of Medical
Marijuana Facilities in the City of Atascadero [City Attorney's Office]
City Attorney Brian Pierik gave the staff report and answered questions from the
Council
PUBLIC COMMENT
Dana Holland explained to the Council that he is a responsible medical marijuana user
because he is going blind He asked the Council to allow him to have medical
marijuana delivered to his home
Richard Donald, representing Americans for Safe Access, urged the Council to
postpone their decision until the current court case is settled
Toni Paridis asked why methadone is allowed in Atascadero but not marijuana. She
stated that her son is in real need and it is hard for him to travel She asked the Council
to give some help by allowing a medical marijuana facility
Warren J Sarvis III said that he is a community volunteer and a medical cannabis user
He stated that citizens in all 50 states have fallen victim to money thieves in bank
robberies, liquor store robberies, fast food robberies, leading to vicious assaults and
murder
Armando Heredia expressed his concerns with medical marijuana dispensaries He
stated there will be a facility in Morro Bay and that is only 15 minutes away
Linda Hill stated she has worked in criminal justice for over 30 years and feels that the
Council should be compassionate to those that need medical marijuana.
Karyn Sturtevant encouraged the Council to not be swayed by the threats of litigation
She urged the Council to approve this Ordinance
Paul Bishop stated that he has never used illegal drugs, but that he is fully in favor of
those with the need to be able to access medical marijuana at dispensaries
Richard Donald stated that the proposed Ordinance makes it a violation for a mother to
get marijuana in another city and bring it back to her son in Atascadero
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Dana Holland urged the Council that if they ban storefront availability, to please allow
delivery
Mayor Fonzi closed the Public Comment period.
There was Council discussion on this issue and additional questions for the City
Attorney and Police Chief
MOTION By Council Member Clay and seconded by Mayor Pro Tem
O'Malley to introduce for first reading by title only, the Draft
Ordinance prohibiting the establishment and operation of
Medical Marijuana Facilities in the City of Atascadero with the
following amendment:
The second sentence in Section 5.13.103 will read, "In
addition, delivery of medical marijuana to any person, except
as provided in Section 5-13.101, and except for deliveries by a
primary caregiver to a qualified patient, is prohibited within the
City limits."
Motion passed 5:0 by a roll-call vote.
Mayor Fonzi recessed the meeting at 8:36 p.m.
low Mayor Fonzi reconvened the meeting at 8:42 p.m.
C. MANAGEMENT REPORTS
1 Chanaes to the Moderate Income Affordable Housing Program (Short
Sale Provision and Establishment of an Allowance for Closing Costs
upon Re-sale)
■ Fiscal Impact: The fiscal loss to the City is based on the number of
participants experiencing financial hardship and the degree to which the
loans are written off
• Recommendations. Council
1 Adopt draft Resolution A establishing a provision for short sales in
the Moderate Income Affordable Housing Program, and,
2 Adopt draft Resolution B establishing a provision for closing cost
allowance upon re-sale of all homes in the Moderate Income
Affordable Housing Program [Administrative Services]
Administrative Services Director Rachelle Rickard gave the staff report and introduced
Lisa Wise of Lisa Wise Consulting who gave a report, distributed a handout, and
answered questions from the Council (Exhibit A)
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PUBLIC COMMENT
David Bentz said this program is the best he has seen in his career
Mayor Fonzi closed the Public Comment period.
MOTION By Mayor Pro Tem O'Malley and seconded by Mayor Fonzi to
1 Adopt draft Resolution A establishing a provision for short
sales in the Moderate Income Affordable Housing Program,
and,
2. Adopt draft Resolution B establishing a provision for
closing cost allowance upon re-sale of all homes in the
Moderate Income Affordable Housing Program
Motion passed 5:0 by a roll-call vote. (#1 Resolution No. 2010-
015, #2 Resolution No. 2010-016)
2. Inclusionary Housing Policy Moderate Income Unit Equity Sharing
Policy Resale Restriction Waiver Option
■ Fiscal Impact: No immediate fiscal impact, however this change in
policy will reduce future amounts available for investment in moderate
income housing
■ Recommendation. Council adopt Draft Resolution A giving the City
Manager the authority to waive the requirement to record a silent second
for moderate income units upon sale to a qualified buyer when the sales
price and appraised value are at or below the maximum applicable
moderate income sales price [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions from the Council
PUBLIC COMMENT
Paul Bishop stated he is very impressed with this program
Mayor Fonzi closed the Public Comment period.
MOTION By Council Member Kelley and seconded by Council Member
Clay to adopt Draft Resolution A giving the City Manager or his
designee the authority to waive the requirement to record a
silent second for moderate income units upon sale to a
qualified buyer when the sales price and appraised value are
within 2% or below the maximum applicable moderate income
sales price.
Motion passed 5.0 by a roll-call vote. (Resolution No. 2010-
017)
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3. 2010 Community Development Block Grants Funding
Recommendations
■ Fiscal Impact: Available funds are currently estimated at between
$186,744 and $200,000 for the 2010 cycle
■ Recommendation. Council review, and approve funding
recommendations for the 2010 Community Development Block Grant
(CDBG) program and approve distribution of any additional funds
received over the amount estimated on a proportionate basis [Public
Works]
Public Works Director Russ Thompson gave the staff report and answered questions
from the Council
PUBLIC COMMENT None
MOTION By Mayor Pro Tem O'Malley and seconded by Council Member
Clay to approve funding recommendations for the 2010
Community Development Block Grant (CDBG) program and
approve distribution of any additional funds received over the
amount estimated on a proportionate basis.
Motion passed 5.0 by a roll-call vote.
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4. Oak Ridge Estates/3F Meadows PD-11 Project Update
■ Fiscal Impact: None
■ Recommendation. Council receive and file this report. [Public Works]
Community Development Director Warren Frace gave the staff report and answered
questions from the Council
PUBLIC COMMENT
Mitch Paskin stated the City is allowing Mr Shetler to continue to build on existing
permits even though he is out of compliance with the Municipal Code He will only be
required to comply if he decides to apply for a new building permit.
Mayor Fonzi closed the Public Comment period,
Council Member Kelley asked Staff to analyze the safety of the roads in question If
they are unsafe, how much of the Bond money is available to make them safe
Mitch Paskin said the Bond states that the developer is to make and complete the on-
site and off-site public improvements within 3 years of the issuance of the first
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residential permit. Money had been released from the Bond before he complied with
this requirement.
There was Council consensus to receive and file this report.
COUNCIL ANNOUNCEMENTS AND REPORTS None
D COMMITTEE REPORTS
Mayor Pro Tem O'Malley
1 SLO Council of Governments, President (SLOCOG) — handout (Exhibit B)
Council Member O'Malley distributed to the Council a summary of all of the
SLOCOG investments in Atascadero
E. INDIVIDUAL DETERMINATION AND/OR ACTION None
F ADJOURNMENT
Mayor Fonzi adjourned the meeting at 9 45 p m
MINUTES PREPARED BY
Marcia McClure Torgerson, C M C
City Clerk/Assistant to the City Manager
The following exhibit is available for review in the City Clerk's office-
Exhibit A—Moderate Income Affordable Housing Program—Ability to Pay Worksheet, submitted by Lisa Wise
Exhibit B—SLOCOG History of Projects, submitted by Council Member Tom O'Malley
Now
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