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HomeMy WebLinkAboutMinutes 030805 Approved April 12,2005 18 19 CITY OF ATASCADERO CITY COUNCIL MINUTES Tuesday, March 8, 2005 700PM REGULAR SESSION Mayor Scalise called the meeting to order at 7 00 p m and Council Member Luna Bed the Pledge of Allegiance ROLL CALL. Present: Council Members Clay, Luna, O'Malley and Mayor Scalise Absent: Council Member Pacas Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgersor, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Steve Kahn, Community Services Director Brady Cherry, Police Chief John Couch, Fire Chief Kurt Stone, Deputy Public Works Director Geoff English, Deputy Community Services Director Stec/r McHarris, Deputy Director of Redevelopment Marty Tracey and C I. Attorney Patrick Enright. COMMUNITY FORUM Pastor Steve Shively, Calvary Chapel Atascadero, led those present in prayer CC Minutes 03/08/05 Page 1 of 11 Steve Martin, Atascadero Main Street Executive Director, announced "Spring Time in the Colony," March 19th, 10 00 a.m to 2 00 p m , in the Sunken Gardens Mayor Scalise closed the Community Forum period. APPROVAL OF AGENDA. MOTION By Council Member Luna and seconded by Mayor Pro Tom O'Malley to approve the agenda. Motion passed 4.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS Mayor Scalise recognized the Tribune and the article they did on Atascadero, and reminded those present that Representative Sam Blakeslee will hold a town meeting on March 10th, 7 00 -9 00 p m in the Lake Pavilion Council Member Luna stated that SLOCOG has announced the 2006 date for starting the Hwy 101/41 interchange project will be delayed 12 to 18 months due to a lack of right-of-way allocations *AW Mayor Pro Tem O'Malley commended the Rotary club for sponsoring a leadership on ethics conference A. CONSENT CALENDAR 1 City Council Meeting Minutes — February 8, 2005 ■ City Clerk Recommendation Council approve the City Council minutes 0 February 8, 2005 [City Clerk] 2. January 2005 Accounts Payable and Payroll ■ Fiscal Impact: Total expenditures for all funds is $2,629,289 51 ■ Recommendation. Council approve certified City accounts payablo, payroll and payroll vendor checks for January 2005 [Administrative Services] 3. Vintage Homes: Single Family Planned Development Zone Change 2004, 0086 (Atascadero Ave. /Caliber Home Developments) ■ Fiscal impact: Based upon the conditions of approval, the project would have a slight negative impact on the General Fund ■ Recommendations. Council 1 Adopt on second reading, by title only, draft Ordinance A approving Zone Text Change 2004-0086 establishing a PD-25 Overlay Distric4t CC Minutes 03/08/05 Page 2 of 11 based on findings and with staff's recommended change to parking requirements, and, 2 Adopt on second reading, by title only, draft Ordinance B approving Zone Change 2005-0095 based on findings [Community Development] 4. Final Map 2004-0073 (Tract 2448) (TTM 2002-0018) (1200 La Costa Cour/ CS Nino Construction) ■ Fiscal Impact: None ■ Recommendations. Council 1 Accept Final Parcel Map 2004-0073 (Tract 2448), and, 2 Reject, without prejudice to future acceptance, the offer of dedication for Public Utility Easement; and, 3 Authorize City Manager to execute Subdivision Improvement Agreement, and, 4 Authorize City Manager to execute Road Maintenance Agreement with CS Nino Construction, Inc , and, 5 Authorize City Manager to sign Agreements to Provide Housing Unit for persons and family of low income, and, 6 Approve draft Resolution accepting La Costa Court for roadway and incidental purposes [Public Works] 5 Final Map 2004-0077 (Tract 2546) (TTM 2003-0032) (4900 Obispo Road Shores/Wilson) ■ Fiscal Impact: None ■ Recommendations. Council 1 Accept Final Parcel Map 2004-0077 (Tract 2546), and, 2 Reject, without prejudice to future acceptance, the offers of dedication for Streets and Public Utility Easement; and, 3 Authorize City Manager to execute a Subdivision ImprovemeF Agreement; and, 4 Authorize City Manager to sign Agreements to provide housing unit, for persons and family of low income [Public Works] 6. Final Map 2004-0090 (Tract 2628) (TTM 2004-0053) (7257 Parriza Cou6, Gearhart/Wilson) ■ Fiscal Impact: None ■ Recommendation. Council accept Final Parcel Map 2004-0090 (Tract. 2628) [Public Works] 7 Final Map 2004-0088 (Parcel Map AT 03-0192) (TPM 2003-00361054 Mariguita Ave. - Feytko/Wilson Land Surveys) ■ Fiscal Impact: None ■ Recommendations. Council 1 Accept final Parcel Map 2004-0088 (Parcel Map AT 03-0192), and, CC Minutes 03/08/05 Page 3 of 11 2 Reject, without prejudice to future acceptance, the offer of dedication of the public utility easement. [Public Works] 8. Sidewalk Improvement Project— Phase I (Bid No. 2005-002) ■ Fiscal Impact: Total expenditure of $304,051 00 ■ Recommendations. Council 1 Authorize the City Manager to execute an agreement with Granite Construction Company in the amount of $129,268.25 for construction of the Sidewalk Improvement Project— Phase I, and, 2 Authorize the City Manager to execute up to $95,000 00 in Change Order # 1 with Granite Construction Company; and, 3 Authorize the City Manager to execute additional change orders up to 20% of the project construction cost ($224,270 00), and, 4 Authorize Public Works Director to file Notice of Completion upon project completion [Public Works] 9 Zone Change 2003-0075 / 7257 Parriza Court (Gearhart/Wilson Land Surveys) ■ Fiscal Impact: The project would likely have a slight negative impact on City revenues ■ Recommendation. Council adopt on second reading, by title only, draft Ordinance A approving Zone Change 2003-0075 based on findings [Community Development] 10 Garcia Road Bridge Right of Way Acquisition ■ Fiscal Impact: $17,300 00 (80% from the Highway Bridge Replacement and Rehabilitation Program Funds and 20% from Circulation Fees) ■ Recommendations. Council 1 Authorize the City Manager to execute the Easement Purchase Agreements for the Garcia Road Bridge, and, 2 Authorize the City Clerk to accept the permanent and temporary easements for the Garcia Road Bride, and, 3 Authorize the Administrative Services Director to pay the Grantors per the Easement Purchase Agreements for the Garcia Road Bridge [Public Works] Items Pulled Council Member Luna, Item #A-4, Community Development Director Warren Frace, Item #A-3 Item #A-4 Council Member Luna questioned the process for making sure the city is paid according to the Tausig study City Manager Wade McKinney explained Item #A-3 Community Development Director Warren Frace distributed a handout to Council recommending a PD-25 Code Text Clarification (Exhibit A) CC Minutes 03/08/05 Page 4 of 11 MOTION By Council Member Clay and seconded by Council Member 1,,,, Luna to approve Items #A-1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 Motion passed 4.0 by a roll-call vote. (Item #A-3 Ordinance No.'s 469 and 470, Item #A-4 Contract No. 2005-005 and Resolution No. 2005-011, Item #A-5 Contract No. 2005-006, Item #A-8 Contract No. 2005-007, Item #A-9 Ordinance No. 47 Item #A-10 Contract No.'s 2005-008 and 2005-009) B. PUBLIC HEARINGS 1 Zone Change 2004-0094 Commercial Zoning District Code Text Amendments ■ Fiscal Impact: Proposal is revenue neutral • Recommendations. Planning Commission Recommends Council 1 Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004-0045, and, 2 Introduce for first reading, by title only, draft Ordinance A approving Zone Text Change 2004-0094 updating the CR, CT, CS, and CPK zoning districts, and updating land use definitions based on findings, and with staff recommended changes [Community Development] Community Services Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT Eric Greening alerted Council to the possibility of state legislation that would preempt the city's right to regulate drive through businesses Mayor Scalise closed the Public Comment period. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Luna to adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004-0045, and, Introduce for first reading, by title only, draft Ordinance A approving Zone Text Change 2004-0094 updating the CR, CT, CS, and CPK zoning districts, and updating land use definitions based on findings, and with staff recommended changes. Motion passed 4.0 by a roll-call vote. (Resolution No. 2005-012) CC Minutes 03/08/05 Page 5 of 11 C MANAGEMENT REPORTS 1 Downtown Revitalization Plan — Endorsement of the Downtown Revitalization Implementation Strategy ■ Fiscal Impact: None ■ Recommendations. Council 1 Adopt the draft resolution defining the downtown study area and setting forth policies and priorities for the area, and, 2 Prioritize public investment opportunities in the downtown study area. [City Manager's Office] Assistant City Manager Jim Lewis gave the presentation and with City Manager Wade McKinney answered questions of Council PUBLIC COMMENT Barbara Wyman asked Council to require lighting that is directed downward Joan O'Keefe commented on lagging public participation and asked several questions including long term relocation of schools, goals and plans for the Von's shopping center, plans for Stadium Park, costs and implications for the Sunken Gardens, the downtown maintenance program and plans for underutilized properties around the ter: Carlton Eric Greening stated his support for a public art plan for the downtown area, protecting the Maidens from the weather, and questioned the plans for the 101/41 interchange project and downtown gateway Lon Allan, speaking on behalf of the Historical Society Board of Directors, read from prepared statement stating their support for downtown revitalization (Exhibit B) Ursula Luna asked if this plan is actual or conceptual and inquired if all individual issues would come back in detail for public input. Steve Martin, Atascadero Main Street Association Executive Director, stated his Board of Directors supports the goals and priorities of the Revitalization Plan and reviewed the issues Main Street considers important. Mary Chastain, Chamber of Commerce, spoke in favor of the priorities as outlined and stated the Chamber's strong support for diagonal sidewalks in the Sunken Gardens Mayor Scalise closed the Public Comment period. City Manager Wade McKinney addressed questions raised during the Public CommeW, period CC Minutes 03/08/05 Page 6 of 11 MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Clay to adopt the draft resolution defining the downtown study area and setting forth policies and priorities for the area as recommended by staff with a minor amendment to Item #2 to put "parking strategy/plan " Motion passed 4.0 by a roll-call vote. (Resolution No 2005-013), Mayor Scalise recessed the hearing at 8:38 p.m. Mayor Scalise called the meeting back to order at 8:50 p.m. Assistant City Manager Jim Lewis gave the staff report on investment opportunities phi, the downtown Each Council Member listed their project priorities as follows. Council Member Clay 1 Sunken gardens 2 Lewis Avenue bridge 3 Downtown parking plan 4 Streetscape and median improvements 5 Atascadero Creek pedestrian bridge 6 Purchase of assorted downtown properties 7 Downtown short-term parking Council Member Luna 1 Lewis avenue bridge 2 Streetscape and median improvements 3 Downtown parking plan 4 Downtown short term parking 5 Purchase of assorted downtown properties 6 Sunken Gardens 7 Atascadero Creek pedestrian bridge Mayor Pro Tem Member O'Malley 1 Downtown parking plan 2 Sunken Gardens improvement 3 Lewis Avenue pedestrian bridge 4 Purchase of assorted downtown properties 5 Atascadero Creek pedestrian bridge 6 Downtown short-term parking improvements 7 Downtown fagade program Mayor Scalise 1 Streetscape and median improvements with lighting CC Minutes 03/08/05 Page 7 of 11 2 Sunken Gardens 3 Atascadero Creek pedestrian bridge 4 Lewis Avenue bridge 5 Downtown parking plan 6 Parking improvements 7 Purchase of assorted downtown properties PUBLIC COMMENT Eric Greening stated his priorities as follows public art, fagade program, affordable housing, parking plan, locating the transit center outside of downtown, and nice transit stops along EI Camino Real in both directions. Mayor Scalise closed the Public Comment period. There was Council consensus to await Council Member Pacas' priority list and take action at the next City Council meeting. 2. Commission Appointments ■ Fiscal Impact: None ■ Recommendation. Council receive oral report regarding the status of the recruitment process of commissioners, appointment of commissioners by individual Council Members, and give City Clerk direction [City Clerk] City Clerk Marcia McClure Torgerson gave the staff report and answered questions o� Council There was Council consensus for the newly elected Council Members to directly appoint their appointed Commissioners for the Planning Commission and Parke and Recreation Commission. There was Council consensus to consider reappointing standing Planning Commissioner Greg Porter without an interview PUBLIC COMMENT Eric Greening suggested having Parks and Recreation Commissioner Barbie Butz continue in her position and then advertise for the other vacancy, and to invite those under consideration to attend the next Parks and Recreation Commission meeting Mayor Scalise closed the Public Comment period. There was Council consensus to continue advertising for two positions on the Parks and Recreation Commission and to support having two Parks ar Recreation Commission youth representatives. CC Minutes 03/08/05 Page 8 of 11 ,%Ilir► 3. Ordinance for Establishing Regulations for Medical Marijuana Dispensaries ■ Fiscal Impact: None ■ Recommendations. Council 1 Adopt an extension of the urgency ordinance extending a temporary moratorium on Medical Marijuana Dispensaries, or, 2 Adopt the attached ordinance establishing Medical Marijuana Dispensaries as a conditional use in Atascadero [Police] Police Chief John Couch gave the staff report and answered questions of Council City Attorney Patrick Enright discussed the case currently before the Supreme Court. Mayor Pro Tem O'Malley stated he could support an extension of the emergency ordinance because the state and federal law are yet to be resolved and he is concerned about devoting staff time to this prior to any decision, and he would like to see issues such as confidentiality and the effects on the county addressed Council Member Luna indicated he could support the conditional use permit process because it would take a while to implement, however he is concerned that the state and federal government may take a long time to act. �%W Council Member Clay stated he would like to see the extension cut to six months to allow the Supreme Court to act. Mayor Scalise stated that she could support the 6 month extension, at which time the Supreme Court would have taken action and there would be a full Council to consider the issue PUBLIC COMMENT Eric Greening suggested approving an extension for a period of time to be matched with the effective date of the Conditional Use Permit ordinance, and approve the CUP ordinance with a sunset clause Sandy Jack urged Council to cover the period until the state and federal issues are resolved by taking one or both actions and not allowing the extension to expire Mayor Scalise closed the Public Comment period. MOTION By Council Member Luna to extend the urgency ordinance to tht-- next City Council meeting Motion failed for lack of a second CC Minutes 03/08/05 Page 9 of 11 *4%W MOTION By Council Member Clay and seconded by Council Member Luna to have the Urgency Ordinance go through April 1, 2005. Motion failed 2:2 by a roll-call vote. (O'Malley, Scalise opposed) MOTION By O'Malley and seconded by Mayor Scalise to wait six months for the Supreme Court action to occur and then have staff immediately prepare a recommendation for Council after that. Motion failed 3 1 by a roll-call vote. (Luna opposed) MOTION By Mayor Scalise and seconded by Mayor Pro Tem O'Malley to extend the Urgency Ordinance for four months. Motion passed 4:0 by a roll-call vote. (Ordinance No. 472) D COMMITTEE & LIAISON REPORTS Council Member Clay 1 S L.O County Flood Control & Water Conservation District Water Resources Advisory Committee There was a discussion regarding environmentalists who are opposed to conserving water as it leads to more water for more W houses 2 North County Water Purveyors Group Final report was given on the Paso Robles water basin, Nacimiento water will be needed and will be good through another 20 years. Council Member Luna 1 SLO Council of Governments (SLOCOG) / S L.O Regional Transit Authority (SLORTA) The regional transportation plan will be on the April agenda for approval Infrastructure improvements have been put in the "unconstrained98 category placing them beyond the life of the RTP and Atascadero's General Plan E. INDIVIDUAL DETERMINATION AND/OR ACTION City Manager City Manager Wade McKinney updated the Council on the City Hall Annex. F ADJOURNMENT Mayor Scalise adjourned the meeting at 10 12 p m to the next regularly schedu 1 meeting of the City Council on March 22, 2005 CC Minutes 03/08/05 Page 10 of 11 MEETING RECORDED AND MINUTES PREPARED BY Grace ucci, Deputy City Clerk The following exhibits are available for review in the City Clerk's office: Exhibit A—Community Development, amendment to Item #A-3 Exhibit B—Lon Allan, prepared statement CC Minutes 03/08/05 Page 11 of 11