Loading...
HomeMy WebLinkAboutMinutes 031406 Approved 4/11/06 j ■■ ■ i a CITY OF A TASCADERO CITY COUNCIL CIL MINUTES Tuesday, March 14, 2006 700PM REGULAR SESSION 7 00 P M Mayor O'Malley called the meeting to order at 7 00 p m and Council Member Scalise led the Pledge of Allegiance �■r 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, Deputy City Clerk Grace Pucci Staff Present: Assistant City Manager Jim Lewis, Public Works Director Steve Kahn, Community Development Director Warren Frace, Community Services Director Brady Cherry, Police Chief John Couch, Fire Chief Kurt Stone, Deputy Public Works Director Geoff English, Personnel Analyst Meredith Hendrickson and City Attorney Patrick Enright. COMMUNITY FORUM Jim Cory provided an update on Union Pacific Railroad's work on the property at Capistrano, Mercedes and Highway 41 Mr Cory expressed concern regarding safety issues related to increased truck traffic at the site CC Minutes 03/14/06 Page 1 of 11 Approved 4/11/06 Assistant City Manager Jim Lewis explained the City's position on the Union Pacific project, gave staff's recommendations, and requested Council concurrence to follow through with the items recommended There was Council consensus to direct staff to follow through with the recommended items. Steve Shiveley, Calgary Chapel, spoke about the positive experience they have had working with the Council and city staff on the church's expansion project, and led those present in prayer Jono Kinkade, representing the Atascadero members of the Sierra Club and Grass Routes (Questa College Environmental Club) spoke about the clean air in this area and the need to protect the local environment. Mr Kinkade distributed an informational packet to Council entitled 'Will Atascadero be the Next Cool City" (Exhibit A) and urged the city to act now to address environmental issues in Atascadero Brandon Istenes, Atascadero High School student, spoke in support of Mr Kinkade's recommendations and in favor of keeping the environment clean Eric Greening spoke in support of the previous two speakers and the "Cool City" process and urged Council to join the challenge %, Ellen Beraud, Planning Commission Chairperson, spoke of the lack of public access to their meetings and suggested staff looks into doing live broadcasting or pod casting from the City's website There was Council consensus to direct to staff to come back with a review of public access options for Council and Commissions at the next strategic planning session. Mayor O'Malley closed the Community Forum period. APPROVAL OF AGENDA. Mayor O'Malley suggested moving the Presentation session above Council Announcements and Reports MOTION By Council Member Scalise and seconded by Council Member Clay to approve the agenda as amended Motion passed 5.0 by a roll-call vote. CC Minutes 03/14/06 Page 2 of 11 Approved 4/11/06 PRESENTATIONS 1 Employee Service Award Presentations Assistant City Manager Jim Lewis with Mayor O'Malley presented the following service awards Kelly Arebalo — 5 Years Tom Birkenfeld — 5 Years Lori Brickley— 5 Years Casey Bryson — 5 Years Warren Frace — 5 Years Bob Joslin — 5 Years Steve Kahn — 5 Years Annette Manier— 5 Years Fred Pflum — 5 Years Jeff Wilshusen — 5 Years Brady Cherry— 10 Years Delma Meyer— 10 Years Joe Allen — 10 Years Brian Dana — 10 Years Scott Hallett— 10 Years Ann Hochstetler— 10 Years Paula Anton — 15 Years Scott Satterthwaite — 15 Years Dan McGauley— 25 Years COUNCIL ANNOUNCEMENTS AND REPORTS Mayor O'Malley commended Police Chief John Couch and the Police Department for the Crime Free Multi-Housing Program Mayor O'Malley also commended staff for their work making City Hall more user friendly and computer savvy He also distributed a letter to Assemblyman Sam Blakeslee encouraging him to continue his work for the city Motorcycle and Noise Ordinance Review ■ Description. An analysis of the effectiveness of ordinances amended and adopted in 2004 ■ Recommendation. Council give Staff direction with respect to motorcycle and noise Ordinance enforcement. [Police] Police Chief John Couch with City Attorney Patrick Enright gave the staff report and answered questions of Council CC Minutes 03/14/06 Page 3 of 11 Approved 4/11/06 Council Member Luna questioned if the city could require strict enforcement of the noise r ordinance City Attorney Enright stated it could Mayor Pro Tem Pacas thought it would be wise to listen to the tape of the meeting and the discussion of the noise ordinance, which she thinks will show that Council decided not to usurp the noise ordinance because doing so would involve an environmental review Council Member Luna indicated the problem is the continuing noise that violates the noise ordinance Mayor O'Malley made three recommendations to improve the Motorcycle Ordinance 1 Exempt motorcycles and similar two or more wheeled vehicles from the provisions of the noise ordinance so long as their exhaust systems have not been modified to increase noise levels 2 To improve cost recovery, extend 12 hours to 72 hours for repeat calls at a single location 3 Add a provision in the Motorcycle Ordinance prohibiting motorcycles or two or more wheeled vehicles to operate with exhaust systems modified to increase noise levels PUBLIC COMMENT Ellen Beraud spoke against the use of motorcycles in residential areas of the city, and 1%W explained why she is in favor of rescinding the Motorcycle Ordinance and enforcing the Noise Ordinance Sorrel Marks stated she believes the staff report misrepresents the problem and expressed concern that the Noise Ordinance is not being enforced in relation to motorcycle use Sandy Jack indicated he was not in favor of allowing the inordinate use of motorcycles in a concentrated area and asked Council to enforce the Noise Ordinance Eric Greening stated he could not support Mayor O'Malley's first suggestion indicating that the Noise Ordinance is the implementation of the General Plan and urged enforcement of it. He also spoke of the environmental consequences of motorcycle usage and tracks Doug Marks stated that noise is the key issue with motorcycle usage and questioned if noise is permissible under the Motorcycle Ordinance He suggested the city announce publicly that it will now enforce the Noise Ordinance and urged them to strike the Motorcycle Ordinance Mike Jackson suggested care in the language of Mayor O'Malley's recommendations, as it is not easy to tell if something has been modified 1%W CC Minutes 03/14/06 Page 4 of 11 Approved 4/11/06 Andy Fetyko stated that most of the property ridden on in last 30 years has now become housing so a designated spot for motorcycle riding should be found Mayor O'Malley closed the Public Comment period. Council Member Clay suggested that Atascadero has large lots and there should be a little tolerance, the tracks are not that intrusive He stated that Mayor O'Malley's suggestions are good Council Member Scalise stated that at the Council meeting the large issue was the length of time permitted for riding, which Council ended up limiting She indicated support for Mayor O'Malley's suggestions Council Member Luna said he could not support the Mayor's suggestions and stated that Atascadero has changed and there is not the open space as in the past; the real problem is that people in quiet residential neighborhoods who have invested heavily in their homes are being subjected to the noise Mayor Pro Tem Pacas stated she can support extending the time even to a week, however she has trouble with the other suggestions Modifications are difficult to detect and she disagrees with usurping the Noise Ordinance Mayor O'Malley asked for consensus to direct staff to work on each of the three I%W recommendations, bringing them back for further consideration 1 Change sections 9-14 14(b)(2) and 9-14 14(b)(3)from 12 to 72 hours Consensus (All Council Members in favor) 2 Amend section 9-6 106(c) to add a condition prohibiting motorcycles or two or more wheeled vehicles to operate with exhaust systems modified to increase noise levels Consensus (Luna opposed) 3 Amend 9-14 03 to exempt motorcycle and similar two or more wheeled vehicles from the provisions of the noise ordinance so long as their exhaust systems have not been modified to increase noise levels Consensus (Luna, Pacas opposed) A. CONSENT CALENDAR. 1 City Council Strategic Planning Meeting Minutes —January 27-28, 2006 ■ City Clerk Recommendation. Council approve the City Council Strategic Planning meeting minutes of January 27-28, 2006 [City Clerk] CC Minutes 03/14/06 Page 5 of 11 Approved 4/11/06 2. Council Strategic Planning Notes — January 2006 ■ Recommendation. Council receive and file the Council's Strategic Planning Notes for January 2006 [City Manager] 3 City Council Meeting Minutes — February 14, 2006 ■ City Clerk Recommendation. Council approve the City Council meeting minutes of February 14, 2006 [City Clerk] 4 December 2005 Investment Report ■ Fiscal Impact: None ■ Recommendation. Council approve the Investment Report for December 2005 [City Treasurer] 5. January 2006 Investment Report ■ Fiscal Impact: None ■ Recommendation. Council approve the Investment Report for January 2006 [City Treasurer] 6. December 2005 Accounts Payable and Payroll ■ Fiscal Impact: $2,445,022.28 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for December 2005 [Administrative Services] 7 January 2006 Accounts Payable and Payroll ■ Fiscal Impact: $2,019,504 88 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for January 2006 [Administrative Services] 8 Final Map 2005-0117 (Tract 2640) 1225 EI Camino Real (TTM 2004-0054) (ECR 24, LLC) ■ Description Approval of a 26 single family residential lot subdivision ■ Fiscal Impact: None ■ Recommendations. Council 1 Accept Final Parcel Map 2005-0117 (Tract 2640), and, 2 Reject, without prejudice to future acceptance, the offers of dedication for Streets, Open Space Recreation Easements, Public Utility Easement and Public Drainage Easement; and, 3 Accept offer of dedication for Public Access Easements, and, 4 Authorize City Manager to execute a Subdivision Improvement Agreement; and, 5 Authorize City Manager to execute an Affordable Housing Agreement. [Community Development] CC Minutes 03/14/06 Page 6 of 11 Approved 4/11/06 9 Radio Shelters ■ Description. Request approval for purchase of two radio equipment shelters ■ Fiscal Impact: $43,000, from the Fire Facilities Fees Fund ■ Recommendations. Council 1 Award contract to Thermo Bond Buildings for the purchase of two radio equipment shelters in the amount of$43,000, and, 2 Appropriate $43,000 from Fire Facilities Fees Fund [Fire] Items pulled Eric Greening #A-2 MOTION By Council Member Clay and seconded by Council Member Luna to approve Items #A-1, 3, 4, 5, 6, 7, 8, and 9 Motion passed 5 0 by a roll-call vote (Scalise abstained Item #A-3) (Item #A-8.4 Contract No. 2006-011, Item #A-8.5 Contract No 2006-012, Item #A-9 1 Contract No 2006-013) Item #A-2 Eric Greening referred to the notes on page 20 and asked if all issues under "Progress of Council Strategic Initiatives had been discussed " Council Member Scalise stated all items had been discussed MOTION By Council Member Clay and seconded by Council Member Scalise to approve Item #A-2. vftw Motion passed 5:0 by a roll-call vote. B PUBLIC HEARING 1 Appeal 2005-0007 (4180 EI Camino Real)(K-Mart Corporation) ■ Description. Appeal of Planning Commission Action on January 17, 2006 to allow modified frontage improvements for Conditional Use Permit 2005-0148 ■ Disclosure of Ex Parte Communications ■ Fiscal Impact: None ■ Recommendation. Staff recommends Council grant the appeal and require full frontage improvements along San Anselmo Avenue [Community Development] City Clerk Marcia McClure Torgerson summarized a letter received from Allied Atascadero Manager Douglas T Beiswonger, who was unable to attend Council Member Luna thanked the Allied Corporation for being willing to do the full improvements that staff had originally requested He suggested Council go forward with the process to give staff direction There was Council consensus to waive the staff report on this item. CC Minutes 03/14/06 Page 7 of 11 Approved 4/11/06 PUBLIC COMMENT— None MOTION By Mayor Pro Tem Pacas and seconded by Council Member Luna to grant the appeal and require the full frontage improvements along San Anselmo Avenue as staff requested Motion passed 5:0 by a roll-call vote. Mayor O'Malley recessed the hearing at 8.47 p.m. Mayor O'Malley called the meeting back to order at 9.02 p.m C MANAGEMENT REPORTS 1 Atascadero Creek Plan ■ Description. An update on all projects in and around the Atascadero Creek in the Downtown area ■ Fiscal Impact: Depending upon Council direction, additional staff time could be incurred ■ Recommendations. Council 1 Give staff direction concerning the Historical Society Lease, and, 2 Receive and file this report. [City Manager] Mayor Pro Tem Pacas stepped down from consideration of this item stating that she works within 300 feet of the property in question Assistant to City Manager / City Clerk Marcia McClure Torgerson gave the staff report and answered questions of Council PUBLIC COMMENT Mike Jackson stated he lives downstream from this area and explained that when the water rises in the creek the trash in the creek and along the banks also rises He would like to see that mitigated if possible Lon Allen, President Atascadero Historical Society, spoke of the Historical Society's recommendations and the reasons behind them They endorse any type of creek management plan to enhance that area Mr Allen answered questions of Council Eric Greening questioned if the EIR has been agendized for the Redevelopment Agency, and whether it would be available to the public soon He indicated his support for the Historical Society's request. CC Minutes 03/14/06 Page 8 of 11 Approved 4/11/06 Roberta Fonzi spoke about the bridge and her concerns with the 11 foot wide lanes which seem narrow to her and could endanger pedestrians and cyclists She urged Council to do the bridge correctly now Steve LaSalle, Vice President Atascadero Historical Society and Chairperson of Colony House, spoke about liability issues for the property He explained that the Society's request would be beneficial to both the city and the Historical Society Geraldine Brasher, Treasurer Atascadero Historical Society, spoke about the history of the Historical Society's property and their maintenance of it. Eric Greening expressed concern about safety with the narrower lanes on the Lewis Avenue Bridge Staff addressed issues raised during the Public Comment period Mayor O'Malley closed the Public Comment period. Council Member Luna stated that the Historical Society's request was reasonable and any provisions for maintenance should be part of the agreement. He suggested directing staff to work with the Historical Society using their recommendation as a base Mayor O'Malley suggested a modified version between what the city recommended and wr the Historical Society requested He agreed with the footprint of Colony House and the rose garden, extending the lines from the existing fence of the rose garden west to the sycamore tree MOTION By Council Member Scalise and seconded by Council Member Clay to adopt the added feet to include the sycamore just to the base and with the Colony House deeded over to the Historical Society with the understanding that they will be partners and cooperate with the management plan Motion passed 3 1 by a roll-call vote. (Luna opposed, Pacas abstained) Mayor Pro Tem Pacas rejoined the hearing. 2 Condominium Conversion Ordinance ■ Description. Request for policy direction for review and recommendation of condominium conversion projects ■ Fiscal Impact: Fiscal impact will vary depending upon the options implemented and the methods of implementation ■ Recommendation. Council review the attached report and accompanying documentation and give staff policy direction for review and recommendation of condominium conversion projects [Community Development] CC Minutes 03/14/06 Page 9 of 11 Approved 4/11/06 ,,. Community Development Director Warren Frace gave the staff report and answered questions of Council Barbara Katz, Goldfarb and Lipman, presented the issues and options report. PUBLIC COMMENT Mike Jackson spoke about his experience with selling condos and the advantages to allowing them Sandy Jack stated that rentals are a key need in this community for those who work in this area and want to live there. He asked Council to minimize the number of units to be converted to condos. Lee Gustafson has a small condo project with the city at this time and spoke about his previous condo project and how it provides a means for workforce people to become homeowners Roberta Fonzi indicated it is important to be able to determine the number of units, it must be pegged to something concrete to determine if the city has an over or under supply fir► Wally Greenway spoke about this issue from the aspect of an appraiser and stated he sees too many governments trying to control something that will balance itself out after a few years Ellen Beraud stated she is not comfortable with conversions because when the condo converts all benefits go to the person requesting the change and no benefit accrues to the city She indicated that Option #A-1 5 Is a good way to go, and the goal of #A-2 1 should be that affordable units will not be lost. Greg Porter, Planning Commissioner, indicated he would be in favor of something that would take the vacancy factor into consideration He explained that the rental market is soft at this time and to have a policy that allows zero conversions may not be beneficial Mayor O'Malley closed the Public Comment period. Council Member Luna stated that the four unit project that is in the hopper at this time should be allowed to continue, but that a date for should be set for a moratorium He explained that this is a huge issue for the city and a moratorium is appropriate There was Council consensus to agendize a 45 day moratorium with a grandfather date. itaw CC Minutes 03/14/06 Page 10 of 11 Approved 4/11/06 It was decided that the Condominium Conversion Ordinance was a complicated issue that will require further Council discussion 3 Atascadero Road Program ■ Description. An update report on the Atascadero Road Program ■ Fiscal Impact: None ■ Recommendation. Council receive a report on the Atascadero Road Program [Public Works] This item was continued D COMMITTEE & LIAISON REPORTS None E. INDIVIDUAL DETERMINATION AND/OR ACTION City Attorney City Attorney Patrick Enright distributed informational packets to the Council concerning the Brown Act and explained that the packets will also be sent to the Planning Commission and Parks and Recreation Commission City Manager Assistant City Manager Jim Lewis announced that the Community Center plans have been submitted to Plan Check. He also distributed a sample brochure for Council's approval which will be distributed to Atascadero residents containing an update on the city's financial status F ADJOURNMENT Mayor O'Malley adjourned the meeting at 10 59 to the next regularly scheduled meeting of the City Council on March 28, 2006 MEETING RECORDE AND MINUTES PREPARED BY ra a Pucci, Deputy City Clerk The following exhibit is available for review in the City Clerk's office: Exhibit A—Jono Kinkade, informational packet CC Minutes 03/14/06 Page 11 of 11