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
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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
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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,
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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)
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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)
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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
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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
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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.
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,%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
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*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
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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
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