Loading...
HomeMy WebLinkAboutMinutes 022806 Approved 3/28/06 �9Y$ 19 CITY OF A TASCA®ERO CITY COUNCIL MINUTES Tuesday, February 28, 2006 700PM REGULAR SESSION 7 00 P M Mayor O'Malley called the meeting to order at 7 00 p m and Council Member Luna 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 and Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Police Chief John Couch, Fire Chief Kurt Stone, Public Works Director Steve Kahn, Community Development Director Warren Frace, Community Services Director Brady Cherry, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason and City Attorney Patrick Enright. COMMUNITY FORUM Reverend John Davis led those present in prayer NOW CC Minutes 02/28/06 Page 1 of 11 Approved 3/28/06 Mitch Paskin, San Marcos Road resident, expressed his concerns regarding having San Marcos Road accepted into the city-maintained system Those San Marcos Road residents present in the audience stood in support of Mr Paskin's statement. Ralph Dutman, San Marcos Road, stated his concerns with the safety modifications to Highway 41 at Los Altos Road, and raised several issues regarding the lack of follow through for the requirements of the PD-11 in the San Marcos Road area Public Works Director Steve Kahn gave a brief update on the San Marcos Road issues and answered questions of Council Joanne Main, Executive Director Chamber of Commerce, spoke about an article she wrote for the Chamber Newsletter summarizing Council votes over the previous year Steve Martin, Executive Director Atascadero Main Street Association, introduced Board Member Maria Hooper who read a letter from Vivian Michel, Atascadero Main Street President, expressing their gratitude for the city's continuing support. (Exhibit A) Steve Martin spoke about the Atascadero Community Coalition, explained their activities and invited Council to attend their monthly meeting Maury Froman, Rottman Group, gave a status report on the Master Plan for their project, The Annex, at EI Camino Real and Del Rio Road Mayor O'Malley closed the Community Forum period. APPROVAL OF AGENDA. MOTION By Council Member Luna and seconded by Council Member Scalise to approve the agenda. Motion passed 5.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Clay spoke about how physically fit those using the Skate Park appeared to be He also suggested recruiting a chocolate outlet for the downtown area PROCLAMATION 1 Proclamation recognizing Atascadero as Tree City USA. CC Minutes 02/28/06 Page 2 of 11 Approved 3/28/06 Council Member Luna read the proclamation recognizing Atascadero as Tree City USA 2006 and presented it to Joan O'Keefe Mrs O'Keefe thanked the City for maintaining the Tree City USA status for Atascadero A. CONSENT CALENDAR 1 City Council Meeting Minutes — January 24, 2006 ■ City Clerk Recommendation. Council approve the City Council meeting minutes of January 24, 2006 [City Clerk] 2 October 2005 Treasurer's Report ■ Fiscal Impact: None ■ Recommendation. Council approve the City Treasurer's Report for October 2005 [City Treasurer] 3 November 2005 Treasurer's Report ■ Fiscal Impact: None ■ Recommendation. Council approve the City Treasurer's Report for November 2005 [City Treasurer] 4. November 2005 Accounts Payable and Payroll ■ Fiscal Impact: $1,809,637 53 ow ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for November 2005 [Administrative Services] 5 Assignment of Factory Outlet Agreement ■ Fiscal Impact: No new fiscal impact, however, there is a continued budgeted impact of approximately $58,000 annually ■ Recommendation. Council approve assignment of "Agreement by, and between, the City of Atascadero and EI Camino Real Fashion Outlets Center, Ltd , dated July 1, 1994 from Levon Investments to Morro Road Homes, LLC and 197 Property Investments, LLC effective July 2, 2005 [Administrative Services] 6. Atascadero Lake Park Watercraft and Recreation Equipment Concession Operation ■ Fiscal Impact: Approximately $3,000 00 in annual revenue ■ Recommendation. Council authorize the City Manager to execute an agreement with Atascadero Kayak and Sail for concession operation at Atascadero Lake Park. [Community Services] CC Minutes 02/28/06 Page 3 of 11 Approved 3/28/06 ow 7 Transit Bus Purchase through the State Department of General Services ■ Fiscal Impact: Purchase is funded by Transportation Development Act (TDA) and Federal 5307 funds ■ Recommendation. Council adopt the Draft Resolution authorizing the State Department of General Services to purchase vehicles on behalf of the City of Atascadero [Public Works] 8 Sewer Extension Reimbursement Agreements (Colima, Valentina and San Marcos) ■ Fiscal Impact: The City will collect a 2% Administrative Charge from all reimbursements This charge will be deducted from the total amount refunded ■ Recommendation. Council approve Sewer Extension Reimbursement Agreements for Colima, Valentina and San Marcos [Public Works] 9 EI Camino Court Mixed-Use. Two Multi-Family Residential Buildings and Two Mixed-Use Buildings Designed with Commercial Use on the Lower Floor and Residential Use on the Upper Floors (GPA 2005-0015 / ZCH 2005-0104 / ZCH 2005-0105 / CUP 2005-0170 / TTM 2005-0076) (JRW Group, Inc.) ■ Fiscal Impact: None ■ Recommendations. Council 1 Adopt on second reading, by title only, Draft Ordinance A, approving Zone Text Change 2004-0081 establishing a PD-22 overlay district based on findings, and, 2 Adopt on second reading, by title only, Draft Ordinance B, approving Zone Change 2004-0081 based on findings [Community Development] 10 Final Map 2005-0126 (TTM 2004-0048) 5310 Carrizo Road (Tract 2625)(Mac Biz Group, Inc.) ■ Fiscal Impact: None ■ Recommendations. Council 1 Accept Final Tract Map 2005-0126 (Tract 2625), and, 2 Reject offers of dedication for public street, public access, public pedestrian access, and public utility easement without prejudice to future acceptance, and, 3 Authorize City Manager to enter Subdivision Improvement Agreement with applicant; and, 4 Authorize City Manager to sign Subdivision Annexation and Assessment and Parcel Tax Authorization Deferral Agreement; and, 5 Authorize City Manager to sign Affordable Housing Agreement. [Public Works] CC Minutes 02/28/06 Page 4 of 11 Approved 3/28/06 City Clerk Marcia McClure Torgerson, read a correction to the Minutes of January 24, ,%W 2006 Page 12, 4th paragraph, last line of motion amended to read use the experiences of other cities and the n4stakes they have n4a Items pulled Council Member Luna Item #A-5, Mayor O'Malley Item #A-8, and Mayor Pro Tem Pacas Item #A-10 MOTION By Council Member Luna and seconded by Council Member Clay to approve Items #A-1, 2, 3, 4, 6, 7, and 9 Motion passed 5.0 by a roll-call vote. (Item #A-6 Agreement No. 2006-004, Item #A-7 Resolution No. 2006-019, Item #A-9 1 Ordinance No. 491, Item #A-9 2 Ordinance No. 492) Item #5 Council Member Luna stated he pulled this item because subsidization of the Factory Outlets was Atascadero's first such project and now that it is about to transfer hands it is appropriate for Council to request a report on the costs and benefits of that subsidization in the previous 12 years There was Council consensus to request a report on the impacts of the subsidization in the previous 12 years. MOTION By Council Member Luna and seconded by Council Member Clay to approve Item #A-5 Motion passed 5.0 by a roll-call vote. Item #8 Mayor O'Malley asked for a background report for this item including the Colima sewer project. Public Works Director Steve Kahn gave the report and answered questions of Council PUBLIC COMMENT Eric Greening stated that there was another problem area in the vicinity of Valle and Sonora and asked where that neighborhood is in the ongoing sequence Jennifer Eickemeyer distributed a petition from the neighbors on Colima Road (Exhibit B) and spoke about her understanding that the developer not the neighborhood would be paying for the cost of the sewer line Dr James Eickemeyer explained why he believes that residents on Colima Road should be receiving a sewer line in exchange for over development in his neighborhood Public Works Director Steve Kahn stated that no one is required to tie into the sewer line Mayor O'Malley closed the Public Comment period. CC Minutes 02/28/06 Page 5 of 11 Approved 3/28/06 There was Council discussion regarding expectations for the Colima sewer reimbursement. MOTION By Mayor Pro Tem Pacas and seconded by Council Member Luna to approve the Sewer Extension Reimbursement Agreements for Valentina and San Marcos Motion passed 5:0 by a roll-call vote. (Agreement Nos. 2006- 005 (Valentina) and 2006-006 (San Marcos)) MOTION By Council Member Clay and seconded by Council Member Luna to postpone this vote for 30 days more or less so the Planning Commission and City Council meeting tapes can be listened to and a full report received from staff including verbatim minutes and a discussion by the City Attorney regarding conditions of approval and whether there is a nexus Motion passed 5.0 by a roll-call vote. Item #10 Mayor Pro Tem Pacas stated that when this was approved only 2 or 3 of the new homes came out onto Carrizo, she asked if this was still the situation Community Development Director Warren Frace stated that this is still the situation MOTION By Mayor Pro Tem Pacas and seconded by Council Member Clay to accept Final Tract Map 2005-0126 (Tract 2625), and, reject offers of dedication for public street, public access, public pedestrian access, and public utility easement without prejudice to future acceptance, and, authorize City Manager to enter Subdivision Improvement Agreement with applicant; and, authorize City Manager to sign Subdivision Annexation and Assessment and Parcel Tax Authorization Deferral Agreement; and, authorize City Manager to sign Affordable Housing Agreement. Motion passed 5.0 by a roll-call vote. (Item #A-10 4 Agreement No. 2006-009, Item #A-10 5 Agreement No. 2006-010) B PUBLIC HEARING 1 Community Facilities District 2005-1 Citywide Boundary Map ■ Fiscal Impact: None ■ Recommendation. Council adopt Draft Resolution A authorizing the Future Annexation of Territory to Community Facilities District No 2005-1 (Public Services) [Community Development] CC Minutes 02/28/06 Page 6 of 11 Approved 3/28/06 Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT— None City Clerk Marcia McClure Torgerson, in response to a question from Mayor O'Malley, stated that no written protests have been received MOTION By Council Member Luna and seconded by Council Member Clay adopt Draft Resolution A authorizing the Future Annexation of Territory to the Community Facilities District No 2005-1 Motion passed 5.0 by a roll-call vote. (Resolution No. 2006-020) 2. 2006 Community Development Block Grant (CDBG) Allocation • Fiscal Impact: Available funds are estimated at $191,569 for the 2006 cycle In addition, prior year unspent funds in the amount of $73,900 are recommended for reallocation ■ Recommendation. Council direct staff to forward allocation recommendations for the 2006 Community Development Block Grant (CDBG) funds to the County Board of Supervisors [Public Works] iftw Public Works Technician Valerie Humphrey gave the staff report and answered questions of Council PUBLIC COMMENT Sherry Fontan, Executive Director Escuela del Rio, thanked the City Finance Committee for recommending funds for their project. Joan O'Keefe referred to unspent funds in the amount of $73,000, and asked where they were allocated and why they were not spent. Ms Humphrey responded to Mrs O'Keefe's question Kayla Wilburn, EOC Health Services, spoke on behalf of the Senior Health Screening Program, the Teen Academic Parenting Program and the 40 Wonderful Program and asked Council to consider providing some funding for these services Steve Martin, Executive Director Atascadero Main Street, spoke in support of reprogramming funds into street lights for the downtown Mr Martin asked what the Code Enforcement allocation figure would be spent on City Manager McKinney addressed the question 400, Mayor O'Malley closed the Public Comment period. CC Minutes 02/28/06 Page 7 of 11 Approved 3/28/06 MOTION By Council Member Scalise and seconded by Mayor Pro Tem Pacas to direct staff to forward allocation recommendations for the 2006 CDBG funds to the County Board of Supervisors Motion passed 5.0 by a roll-call vote. Mayor O'Malley recessed the hearing at 8.21 p.m. Mayor O'Malley called the meeting back to order at 8 31 p.m. C MANAGEMENT 1 General Plan Policy Review / Prime Multi-Family Residential Map Adoption ■ Fiscal Impact: None ■ Recommendation. Council refer the Prime Multi-Family policy back to staff and the Planning Commission for further review [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT — None Mayor O'Malley closed the Public Comment period. MOTION By Council Member Luna and seconded Council Member Scalise to refer the Prime Multi-Family policy back to staff and the Planning Commission for further review Motion passed 5.0 by a roll-call vote. 2 Signage Clean Up Strategy ■ Fiscal Impact: None ■ Recommendation. Council direct staff on how to proceed with enforcement of the City Sign Ordinance [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT Joan O'Keefe stated that the city has a sign ordinance that is not enforced and urged Council to send a clear message of enforcement. CC Minutes 02/28/06 Page 8 of 11 Approved 3/28/06 Richard Mullen stated his support for allowing a banner sign to be used for a maximum of 20 days Jeff Osland indicated the importance of looking at how long banner signs can be up, how often they can be put up and suggested soliciting the opinions of local business owners Joanne Main stated the Chamber of Commerce is on the record in support of this report and would like to form a task force on this issue Carol McCully urged Council to not make a decision on banners until they review the needs of the business community She suggested there is a problem with processing sign permits in a timely manner Eric Greening stated enforcement must be regular and consistent and questioned the purpose of the extra 30 days in Recommendation #2 Steve Martin stated the Main Street Design Committee has discussed this as the office has received many calls about banner signs He would like to have a team of business people revisit this Carol McCully indicated that the city has control over deteriorating signs in the maintenance portion of the sign ordinance Jeff Osland reiterated that the city must define what a banner is, some businesses are using flags that are not defined as banners Eric Greening questioned how long advertising flags at specific locations have been up and whether they should be abated Mayor O'Malley closed the Public Comment period. Council Member Clay stated he likes the idea of Main Street and Chamber working together to come up with sign recommendations He thinks there should be an extension for banners or temporary signs for new businesses Council Member Luna stated there is a problem with the sign ordinance and he would support sending this back for a comprehensive sign ordinance re-write Council Member Scalise agreed with the idea of a task force with community involvement and perhaps a liaison from the Council and a timeline Mayor Pro Tem Pacas expressed her support for a revamp of the sign ordinance, and would like it to be simplified for staff approval and enforceable CC Minutes 02/28/06 Page 9 of 11 Approved 3/28/06 Mayor O'Malley restated the Council's concerns regarding the length of time for processing sign permits, the need for enforcement of sign maintenance, that there has to be a fast track in addressing this, and that the task force is a good idea Council Member Luna suggested checking with other communities to determine how they do permits so quickly and would like staff to come back with what it will take to facilitate a faster turnaround time MOTION By Council Member Scalise and seconded by Council Member Clay to form a task force that would come back with a report in three months with the option that if Council needs to revamp it, they would have that opportunity, and with the executive directors of both Main Street and Chamber of Commerce to be lead agencies and with one Council Member as a liaison, a city staff person and one Planning Commission Member The Chamber and Main Street would each bring in three business owners to participate The Mayor to appoint the Council Member and the Chairperson of the Planning Commission to appoint their representative Task force will be limited to consideration of banners and sandwich signs There was Commissioner discussion regarding limiting the number of members for this task force, including a member of the public at large, standing vs ad hoc committee, incremental vs comprehensive rewrite and the time necessary for staff to assemble the information Council Member Scalise withdrew her motion PUBLIC COMMENT Joanne Main suggested letting the Chamber and Main Street do some of the work and come back with specific recommendations at which time a larger committee could be organized Eric Greening stated his preference that there be a Council Member and Planning Commissioner because they will be involved in making decisions regarding implementation and enforcement; other members should include an intake type staff person, code enforcement type staff person, and a member of the general public Jeff Osland suggested that the city and code enforcement immediately enforce banners that are falling apart and not worry about a timeline In addition he thinks that the entire ordinance must be reviewed Mayor O'Malley closed the Public Comment period. There was Council consensus to direct staff to enforce the banner maintenance provisions under the current sign ordinance. CC Minutes 02/28/06 Page 10 of 11 Approved 3/28/06 MOTION By Mayor O'Malley and seconded by Mayor Pro Tem Pacas to have city staff work with Main Street and the Chamber of �.. Commerce on their offer to do work on the Sign Ordinance, to review banner and A frame portions of the Sign Ordinance, and bring those back to the appropriate process before the City Council and that staff will keep Council updated on the progress of that review Staff will report to Council within three months Motion passed 5:0 by a roll-call vote. D COMMITTEE & LIAISON REPORTS Mayor Pro Tem Pacas 1 City / Schools Committee met today and are anticipating pool construction to be completed sometime in May, so the swimming pool will be available some time this summer E. INDIVIDUAL DETERMINATION AND/OR ACTION City Manager City Manager McKinney stated there is a request for a study session for the Eagle Creek Golf Course area, to include the City Council, Planning Commission, Parks and Recreation Commission and neighborhood residents Council agreed to a study session before the March 24th Council meeting at 5 30 p m Mr McKinney announced that the next business visit with the Chamber of Commerce is scheduled for March 10th, to include the Carlton Hotel and Michaels Optical F ADJOURNMENT Mayor O'Malley adjourned the meeting at 10 04 p m to the next regularly scheduled meeting of the City Council on March 14, 2006 MEETING RECORDED AND MINUTES PREPARED BY r r� Grac Pucci, Deputy City Clerk The following exhibits are available for review in the City Clerk's office. Exhibit A—Atascadero Main Street, letter Exhibit B— Petition Colima Road residents CC Minutes 02/28/06 Page 11 of 11