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HomeMy WebLinkAboutMinutes 012406 ` Approved as Amended 2/28/06 18Y$ 18 CITY OF ATASCADERO CITY COUNCIL MINUTES Tuesday, January 24, 2006 700PM REGULAR SESSION 7 00 P M Mayor O'Malley called the meeting to order at 7 00 p m and Mayor Pro Tem Pacas led the Pledge of Allegiance ROLL CALL Present: Council Members Clay, Luna, Scalise, Pacas and Mayor O'Malley Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Recording Secretary Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, Community Development Director Warren Frace, Fire Chief Kurt Stone, Police Chief John Couch, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason and City Attorney Patrick Enright. COMMUNITY FORUM Pastor Vern Hugh Haynes, True Spirit Baptist Mission Church, led those present in prayer CC Minutes 01/24/06 Page 1 of 13 Approved as Amended 2/28/06 Bill Obermeyer stated his concerns about the impacts to his property from the Fetyko project. He requested a wall be installed to protect his property Eric Greening requested that Council announce the time, place and content of the upcoming Strategic Planning meeting Mayor O'Malley announced the Strategic Planning Session would be held Friday and Saturday, January 27 and 28 in the City Council Chamber and reviewed the agenda Mayor O'Malley closed the Community Forum period. APPROVAL OF AGENDA. MOTION By Council Member Luna and seconded by Council Member Clay to approve the agenda. Motion passed 5.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Scalise read from a prepared statement regarding an experience she had with a local newspaper reporter Mayor O'Malley referred to an insert in the Tribune of the "Top 20 under 40" and announced that Assistant City Manager Jim Lewis and Planning Commissioner Greg Porter were recognized Mayor O'Malley spoke about a controlled burn training for the Fire Department and thanked the Rottman Group for providing the buildings He also complimented city staff and Council on their efforts in the downtown Council Member Clay spoke about how nice it was to have young people on the City Council, Planning Commission and city staff PRESENTATION 1 Proclamation Declaring February 2006 "Grand Jury Awareness Month" Mayor Pro Tem Pacas read the proclamation and presented it to Gail Gresham of the Grand Jury CC Minutes 01/24/06 Page 2 of 13 Approved as Amended 2/28106 A. CONSENT CALENDAR. 1 City Council Meeting Minutes — December 13, 2005 ■ City Clerk Recommendation. Council approve the City Council meeting minutes of December 13, 2005 [City Clerk] 2 California Cultural and Historical Endowment (CCHE) Grant Application (Historic City Hall Restoration) ■ Fiscal Impact: Possibility of up to $3,000,000 in grant funding for the restoration of Atascadero's historic City Hall ■ Recommendations. Council 1 Adopt Draft Resolution approving the grant application for California Cultural and Historical Endowment (CCHE) 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] 3 Second Reading. ZCH 2004-0087/CUP 2004-0133/TPM 2004-0056 (6910 Navaioa)(Vaughn and Young) Construction of Four (4) Detached Single_ Family Dwellings ■ Fiscal Impact: None ■ Recommendation. Council adopt on second reading, by title only, Draft Ordinance A approving Zone Change 2004-0087 based on findings [Community Development] 4 Second Reading. Title 9 Planning and Zoning Text Amendment / ZCH 2005-0106 (Bennet/Norris) Conditionally Allow Indoor Shooting and Archery Ranges ■ Fiscal Impact: None ■ Recommendation. Council adopt on second reading, by title only, Draft Ordinance A approving Zone Change 2005-0106 based on findings [Community Development] 5. Off-Site Beer and Wine Sales License Determination (7600 EI Camino Real, Suite #1) (Perry's Parcel and Courier Service) ■ Fiscal Impact: None ■ Recommendation. Council determine that public convenience or necessity would be served by the issuance of an off-site beer and wine sales license to Perry's Parcel and Courier Service [Community Development] CC Minutes 01/24/06 Page 3 of 13 Approved as Amended 2/28/06 6 Police Vehicle Mobile Data Computer System ■ Fiscal Impact: $97,551 00 provided by Supplemental Law Enforcement Service Fund (SLESF) grant funds designated for this purpose ■ Recommendations. Council 1 Authorize the purchase of six (6) complete Mobile Data Computer (MDC) systems to be purchased from and installed by CDCE, Inc , and, 2 Authorize the purchase of mobile Computer Aided Dispatch (CAD) software, message switch and six software licenses from Executive Information Services, Inc. (EIS) [Police] MOTION By Council Member Scalise and seconded by Council Member Clay to approve Items #A-1, 2, 3, 4, 5 and 6 Motion passed 5.0 by a roll-call vote. (Luna opposed Item #A- 3) (Item #A-2.1 Resolution No. 2006-004, Item #A-2.2 Contract No. 2006-002, Item #A-3 Ordinance No. 488, Item #A-4 Ordinance No. 489) B PUBLIC HEARING 1 7705 Navajoa Avenue Planned Development. ZCH 2004-0092 / CUP 2004-0139 / TTM 2004-0060 (Tanner / Fragione) Five (5) Unit Detached Residential ■ Disclosure of Ex Parte Communications ■ Fiscal Impact: None ■ Recommendations. Planning Commission Recommends Council 1 Adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2005-0058, and, 2 Introduce for first reading, by title only, Draft Ordinance A approving Zone Change 2005-0092 based on findings, and, 3 Adopt Draft Resolution B approving Conditional Use Permit 2004-0139 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring, and, 4 Adopt Draft Resolution approving Vesting Tentative Tract Map 2004- 0060 based on findings and subject to Conditions of Approval and Mitigation Monitoring [Community Development] Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council Ex-Parte Communications ■ Mayor O'Malley stated he had received a call from Russ Thompson, project engineer CC Minutes 01/24/06 Page 4 of 13 Approved as Amended 2/28/06 ■ Council Member Clay stated he spoke with project engineer Russ Thomson earlier this evening Council Member Luna explained his concern that PD-7's and PD-25's tend to convert multi family projects such as apartments to single family residential thus loosing the more affordable option, and in this project there will be no affordable housing as the developer is opting for in-lieu fees PUBLIC COMMENT Russ Thompson, applicant's representative, spoke about the history of the project, stated the applicant is in agreement with the staff report as written, and answered questions of the Council Mayor O'Malley closed the Public Comment period MOTION By Council Member Scalise and seconded by Council Member Clay to accept the Planning Commission recommendation to adopt Draft Resolution A and to introduce by first reading, by title only, Ordinance A approving the Zone Change, and, to adopt Draft Resolution B, and, to adopt the Draft Resolution approving the Vesting Tentative Tract Map Motion passed 4 1 by a roll-call vote. (Luna opposed) (Item #B-1 1 Resolution No. 2006-005, Item #B-1 3 Resolution No. 2006-006, Item #B-1 4 Resolution No. 2006-007) 2 Road Abandonment 2004-0015 Request to Summarily Vacate an Undeveloped Alley (EI Camino Real/Principal Avenue)(Westpac Investments, Inc. / The Wallace Group) ■ Disclosure of Ex Parte Communications ■ Fiscal Impact: None ■ Recommendation. Planning Commission recommends Council adopt Draft Resolution A summarily vacating an unconstructed alley right-of-way based on findings and subject to conditions of approval [Community Development] Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council Ex-Parte Communications None CC Minutes 01/24/06 Page 5 of 13 Approved as Amended 2128/06 PUBLIC COMMENT Brad Breckwald, applicant's representative, stated the applicant's agreement with the staff report and answered questions of Council Eric Greening stated his agreement with the road abandonment and asked what the riparian setback would be once this is accomplished Mr McHarris stated there would be no changes in the setbacks to the creek. Mayor O'Malley closed the Public Comment period. MOTION By Council Member Luna and seconded by Council Member Clay to approve the Planning Commission's Recommendation adopting Resolution A summarily vacating an unconstructed alley right-of-way based on findings and subject to conditions of approval Motion passed 5.0 by a roll-call vote. (Resolution No. 2006- 008) 3 Community Facilities District 2005-1 / Annexation #1 ■ Fiscal Impact: None ■ Recommendations. Council 1 Adopt Resolution A, authorizing Annexation #1 to Community Facilities District No 2005-1 (Public Services), and, 2 Adopt Resolution B, calling a special election and submitting to the voters of the City of Atascadero Community Facilities District No 2005- 1 (Public Services) Annexation #1 propositions regarding the annual levy of special taxes within the Community Facilities District to finance police services, fire protection and suppression services, and park services therein, and the establishment of an appropriations limit, and, 3 Adopt Resolution C, declaring the results of the special elections for the City of Atascadero Community Facilities District No 2005-1 (Public Services) Annexation #1 County of San Luis Obispo, State of California, on the propositions with respect to (i) the annual levy of special taxes, and (ii) the establishment of an appropriations limit, and authorizing the recordation of the notice of special tax lien [ Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT— None CC Minutes 01/24/06 Page 6 of 13 Approved as Amended 2/28/06 In response to Mayor O'Malley's questioning City Clerk Marcia McClure Torgerson reported that there were no written community protests for this action, that there were two voters in this district, that the property owners have filed a consent and waiver for this election and that she concurred with holding the election today MOTION By Council Member Scalise and seconded by Mayor Pro Tem Pacas to adopt Resolutions A and B Motion passed 5:0 by a roll-call vote. (Resolutions No. 2006- 009 and 2006-010) City Clerk Marcia McClure Torgerson announced the results of the special election 27 yes and 0 no for both propositions 1 and 2 MOTION By Council Member Scalise and seconded by Council Member Clay to adopt Resolution C as presented by staff Motion passed 5.0 by a roll-call vote. (Resolution No. 2006-011) C MANAGEMENT 1 Solid Waste Collection Services. Response to Council Questions ■ Recommendation. Council direct staff on how to proceed regarding the City's contract with Atascadero Waste Alternatives [City Manager] fir►, City Manager Wade McKinney and City Attorney Patrick Enright gave the staff report and answered questions of Council Ex-Parte Communications ■ Mayor O'Malley stated he had spoken with members of the current contractor and members of another solid waste service in addition to a former city manager and city attorney ■ Council Member Clay stated he spoke with Mike Fredericks and his partner about this item ■ Council Member Luna stated he spoke with Mike Hoover of Chicago Grade Landfill, and Bill Worrell of IWMA. ■ Mayor Pro Tem Pacas stated she spoke Keith Ramsey of AWA and Andy Takata, former Atascadero City Manager ■ Council Member Scalise stated she had a conversation with Mr Goodrow of Mid- State Recycling, and Mike Hoover 1. Council comments were as follows CC Minutes 01/24/06 Page 7 of 13 Approved as Amended 2/28/06 Council Member Luna stated that ambiguities in the contract must be reviewed and that the City Attorney's recommendation is appropriate Mayor Pro Tem Pacas stated that Atascadero has received good service and great rates and while she favors continuing with AWA she believes it is a good idea to review the contract. Council Member Clay thought it was a good idea to review the contract and indicated he also sees no problem with the way the current provider has performed Council Member Scalise stated it behooves Council to look out for the best interests of the community and insure a contract that serves the community at an equitable rate Mayor O'Malley agreed that Atascadero has received excellent service from the current provider; however, he believes the only way to guarantee the best option available is to use the free market system He indicated he would feel more comfortable with a shorter term PUBLIC COMMENT Keith Ramsey, District Manager of Atascadero Waste Alternatives, distributed a handout to Council and explained why he thinks the City should maintain the agreement with their company (Exhibit A) Mr Ramsey answered questions of Council Mayor O'Malley closed the Public Comment period MOTION By Council Member Luna and seconded by Council Member Scalise that pursuant to Section 3a of the Solid Waste Collection Franchise Agreement with Atascadero Waste Alternatives, Council directs staff to send a letter to Atascadero Waste Alternatives, before February 1, 2006, notifying them of the City's intent to reexamine the term of the Agreement. Motion passed 5.0 by a roll-call vote. Mayor O'Malley recessed the hearing at 8 14 p.m Mayor O'Malley called the meeting back to order at 8 28 p.m 2. Customer Service Initiative ■ Fiscal Impact: Funds are available in the 2005-07 budget for the customer service initiative ■ Recommendation. Council receive, comment on, and file this report. [City *01 Manager] CC Minutes 01/24/06 Page 8 of 13 Approved as Amended 2/28/06 Assistant Manager Jim Lewis gave the staff report and answered questions of Council Council Member Scalise indicated she would like to see the phone directory by subject completed sooner rather than later PUBLIC COMMENT Eric Greening commented that there were good ideas presented and questioned the use of the word legendary, stating he would prefer a more accurate word Joanne Main, Atascadero Chamber of Commerce, congratulated the city on their efforts and announced that Nancy Friedman the "Telephone Doctor" will be coming to Atascadero to address customer service issues for the business community Brenda Cowan stated she felt "ground breakers" would be a better word than legendary Mayor O'Malley closed the Public Comment period. 3 Citywide Annexation Area / Community Facilities District No. 2005-1 ■ Fiscal Impact: None ■ Recommendations. Council ■ 1 Adopt Draft Resolution A, adopting a boundary map showing the boundaries of the territory proposed for possible future to Community Facilities District No 2005-1 (Public Services), and, 2 Adopt Draft Resolution B, declaring Council's intention to authorize the Annexation of Territory to Community Facilities District No 2005-1 (Public Services) and to authorize the levy of a special tax therein to finance certain services [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT— None MOTION By Council Member Luna and seconded by Council Member Clay to adopt Draft Resolution A and Draft Resolution B Motion passed 5.0 by a roll-call vote. (Resolutions No. 2006- 012 and 2006-013) 4. Medical Mariivana Dispensary Consideration ■ Fiscal Impact: None. ■ Recommendation Council direct staff to enforce the current Municipal Code 1%1W with respect to non-permitted uses [Police] CC Minutes 01/24/06 Page 9 of 13 Approved as Amended 2/28/06 Police Chief John Couch and City Attorney Patrick Enright gave the staff report and answered questions of Council Ex-Parte Communications ■ Mayor O'Malley stated he has spoken with the County Health Officer Dr Thomas and with the landlord and several tenants where the current clinic operates as well as the owner and staff at the facility PUBLIC COMMENT Brenda Cowan spoke about her need for medical marijuana and the difficulty in obtaining it. Carol DeHart explained that medical marijuana is the only substance that helps her deal with her pain and urged Council to adopt an ordinance that would be compassionate Craig Donville spoke about his medical condition and how medical marijuana has helped him and explained that he must go to Oakland or Santa Barbara to get the medication he needs Susan Johnson expressed her support for medicinal marijuana being available for those 1%W who need it and for a dispensary in the area Russell Peterson spoke about his medical condition and how medicinal marijuana has helped him and explained the need for a safe dispensary locally Daniel E Eister read from a prepared statement in favor of allowing a medical marijuana dispensary in Atascadero Gail Lightfoot, Chair of the Libertarian Party of San Luis Obispo County, expressed their support for allowing a dispensary for medical marijuana in Atascadero Debbie Garcia stated she suffers from chronic pain and it is a hardship to travel a long distance to attain her medicinal marijuana She urged Council to allow this use Crystal Valdez spoke of family members who rely on medical marijuana every day to deal with their pain and thanked those who came tonight to support opening a dispensary in Atascadero John Robinson spoke in favor of the group who has opened the dispensary in Atascadero Kevin Klono stated he suffers from a back injury and explained how medical marijuana has helped to relieve his pain and how difficult it is to acquire it when needed CC Minutes 01/24/06 Page 10 of 13 Approved as Amended 2128106 Russell Beers stated he has been to many dispensaries and the one in Atascadero is the most professional he has seen Freddie Sarenana spoke about his injuries and explained why medical marijuana has been effective for his pain and stated the facility in Atascadero is one of the most professional he has ever been to Larry Willis thanked the Council for bringing this issue to the public and explained that his wife had a stroke and has ceased eating and he hopes that medicinal marijuana can help to maintain her appetite Steve Harding stated he has glaucoma and medical marijuana has prevented him from going blind He urged the Council to vote to keep the dispensary open Charles Lynch, owner of Central Coast Compassionate Care Givers, explained how medical marijuana has helped him deal with his own pain, stated he hoped he could work together with the city to settle this issue and explained how he came to define his clinic under the category of health services Mr Lynch answered questions of Council Eric Greening stated he favors the conditional use permit process and suggested a criterion for the CUP should be accessibility to public transit. ,. James McClarty explained how many prescription medicines can impair an individual's ability to function and stated the facility in Atascadero is very professional Freddie Sarenana mentioned that there is a federal marijuana program going on at this time and explained how it works Larry Willis stated he doesn't understand why the City has involved itself in this issue and questioned how the landlord would be libel if he allowed this use Gail Lightfoot stated she has met two of the patients in the federal marijuana program and they told her the marijuana the government provides is not effective Mayor O'Malley closed the Public Comment period. MOTION By Council Member Luna to direct staff to prepare an ordinance amending the zoning ordinance to allow medical marijuana dispensaries as a conditional use Motion failed for lack of a second Council Member Scalise remarked that she could find no support within the Atascadero business community for allowing a medical marijuana dispensary CC Minutes 01/24/06 Page 11 of 13 Approved as Amended 2/28/06 Mayor Pro Tem Pacas commented that it would be worthwhile to get input from other cities that have had experience with this before moving forward with adopting the conditional use permit process She expressed concern that the currently operating facility was not completely honest with city staff when they applied for a business license MOTION By Council Member Luna to direct staff to prepare an ordinance amending the zoning ordinance to allow medical marijuana dispensaries as a conditional use and require the existing facility to go through that process Motion failed for lack of a second Mayor O'Malley indicated that he understood why the current business owner took the approach he did however; he cannot support the continued operation of a non- conforming use He is also concerned for the rights of property owners and wants the ordinance to allow for a process that would include them as well as the entire community MOTION By Council Member Luna and seconded by Council Member Clay to direct staff to prepare an ordinance amending the zoning ordinance to allow medical marijuana dispensaries as a conditional use and that the existing facility must go through that process, it would be shut down and move through that process, and the background to develop that ordinance would use the experiences of other cities Motion passed 4 1 by a roll-call vote. (Scalise opposed) D COMMITTEE & LIAISON REPORTS None E INDIVIDUAL DETERMINATION AND/OR ACTION City Council Council Member Luna thanked the City attorney and Police Chief for their reports and cooperation City Clerk City Clerk Marcia McClure Torgerson announced that the City Council has elected Roberta Fonzi to fill the current Planning Commission vacancy CC Minutes 01/24/06 Page 12 of 13 ' Approved as Amended 2/28/06 City Manager City Manager Wade McKinney reminded Council of the Strategic Planning session on Friday and Saturday and the grand opening for the temporary City Hall on Monday, January 30th F ADJOURNMENT Mayor O'Malley adjourned the meeting at 10 43 p m to the next regularly scheduled meeting of the City Council on February 14, 2006 MEETING RECORDED AND MINUTES PREPARED BY C /,4 ` j Grace Pucci, Deputy City Clerk The following Exhibit is available for review in the City Clerk's office. Exhibit A—Atascadero Waste Alternatives handout CC Minutes 01/24/06 Page 13 of 13