HomeMy WebLinkAboutMinutes 031301 Approved March 27,2001
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ATASCADERO CITY COUNCIL MEETING
TUESDAY, MARCH 13, 2001
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4t" Floor
Atascadero, California
REGULAR SESSION, 7:00 P.M.:
Mayor Arrambide 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, Johnson, Luna, Scalise and Mayor Arrambide
Absent: None
Others Present: City Clerk Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry,
Police Lt. John Couch, Acting Fire Chief Kurt Stone, Public Works
Director Steve Kahn, Community Services Manager Geoff English,
Acting Community and Economic Development Director Warren Frace
and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
Mayor Arrambide suggested that Item#C-2 be moved to the Consent Calendar as Item#A-5. He
also announced that Item #B-2 has been pulled from the agenda and will return on a future
agenda.
MOTION: By Council Member Luna and seconded by Council Member Johnson
to approve the agenda moving Item #C-2 to A-5. on the Consent
Calendar and pulling Item#B-2.
Motion passed 5:0 by a roll-call vote.
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PRESENTATIONS:
1. Planning Commissioner Harold Carden, III
Mayor Arrambide presented Hal Carden a plaque in appreciation for his service to Atascadero as
a Planning Commissioner, Council Member and Mayor.
COMMUNITY FORUM:
Ann Ketcherside, citizen of Atascadero, stated that she feels Mayor Arrambide has broken the
conflict of interest laws and should step down from the Council. She also expressed her concern
for the School District's plans to build a school next to the Atascadero State Hospital. She feels
the City should stop the School District from making this mistake.
Joan O'Keefe, 9985 Old Morro Road East, talked about the numerous sign violations in the City.
In particular, she stated that Bonnema Brewery has been given special treatment, starting during
its construction and continuing to the present, with their continuous sign violations. Ms.
O'Keefe explained in detail in a prepared statement. (Attachment A)
David Jones, 8220 Larga Avenue, expressed his concern with the proposed re-zoning of his
neighborhood to high-density. He suggested the City send notices to all property
owners/residents informing them of the next public hearing for the City's proposed zoning
changes.
Richard Moen, 4200 Portola Road, spoke concerning the proposed changes to the Eagle Creek
Golf Course / Driving Range. He expressed concern with the proposal and what the owner will
be able to do with the property in the future.
Mayor Arrambide closed the Community Forum.
COUNCIL ANNOUNCEMENTS AND REPORTS: None
A. CONSENT CALENDAR:
1. City Council Minutes—February 27, 2001
■ City Clerk recommendation: Council approve the City Council minutes of February
27, 2001 [City Clerk]
2. Elevator Control System Modernization Project
■ Fiscal Impact: $58,3 00.00
■ Staff recommendation: Council authorize the City Manager to enter into an
agreement with Republic Elevator Co. for the City Administration Building Elevator
Control System Modernization Project. [Community Services]
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3. Atascadero Lake Park Paddleboat Concession–Lease assignment
■ Fiscal Impact: None
■ Staff recommendation: Council authorize the City Manager to sign the Consent to
Assignment with Lloyd Reeves for the Atascadero Lake Park Paddleboat Concession
Lease [Community Services]
4. El Camino Real Widening Project–Bid No. 2000-02
■ Fiscal Impact: $302,727.91
■ Staff recommendation: Council:
1. Accept Souza Construction, Inc. work as complete; and
2. Authorize the Administrative Services Director to appropriate an
additional $60,277.91 from Fund 281 (Street & Bridge Fee) to this
Project account; and
3. Authorize the Contract Change Order #1 with Souza Construction, Inc.for
$83,875.76,- and
4. Authorize the Administrative Services Director to release the project
retention of$25,017.58. [Public Works]
5. Atascadero Lake Park Master Plan and Lake Pathway Improvements–Design Services
■ Fiscal Impact: $51,700.00
■ Staff recommendation: Council authorize the City Manager to enter into an
agreement with CJP Productions for design services for the Atascadero Lake Park
Master Plan and Lake Pathway Improvement Project. [Community Services]
MOTION: By Council Member Luna and seconded by Council Member Johnson
to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
(#A-2- Contract No. 2001-006, #A-5- Contract No. 2001-007)
B. PUBLIC HEARINGS:
1. 2001 Community Development Block Grant Allocation
■ Fiscal Impact: The City has$257,162 funds available for award
■ Staff recommendation: Council direct staff to forward to the County Board of
Supervisors allocation recommendations for the 2001 Community Development Block
Grant(CDBG)funds as recommended in staff report. [Public Works]
Public Works Director Steve Kahn gave the staff report and asked City Manager Wade
McKinney to present information concerning the homeless issue. Mr. McKinney stated that the
Homeless situation is a very sensitive and difficult issue. He recommended the City award a
$20,000 block grant to the El Camino Homeless Organization (ECHO) to be used for the Motel
Voucher Program, office startup equipment, filing fees for the Conditional Use Permit, and other
ancillary fees to get the project underway. Mr. McKinney explained that staff has concerns
about individual homeless shelters—the costs involved and the difficulty of locating a facility in
area neighborhoods, both business and residential. He stated the motel voucher programs that
are in place by a variety of organizations today have been working, are more beneficial than
owning and maintaining a building for a shelter, and the motel system has been shown to provide
services at a higher level than in a shelter facility. Mr. McKinney said that by allocating these
CDBG funds to ECHO, the City will be able to benefit the homeless population in a real way in
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Atascadero. Mr. Kahn distributed to the Council a revised recommendation list (see Attachment
B). Mr. Kahn and Mr. McKinney then answered questions of the Council.
PUBLIC COMMENT
Jackie Sebrow, 2460 Ardilla Road, SLO Housing Consortium, stated that the voucher program is
a bandaid, not a solution. She explained that a shelter with a counselor available is the solution;
this would provide the homeless with the type of case management that would teach them the
skills to find and maintain permanent housing.
Pearl Munak, Paso Robles, President of the Homeless Housing Project, explained they had
requested $24,000 in CDBG funds for the motel voucher program, and staff has recommended
the Council approve $7,500. She stated she now understands that staff has changed its
recommendation. She asked that the Council increase the funding to $17,500 for the motel
voucher program of the Homeless Housing Project.
J.D. Main, 9340 Maduro Lane, Homeless Housing Project, gave the following figures on the
homeless issue: from March 1St to March 12th the Homeless Housing Project placed 150 people
in motels at a cost of$6,551.07, the first week of the rain/floods from February 27th to March 5th
70 people were placed in motels at a cost of over $3,000. During the month of February, they
placed 39 people into motels at a cost of $2,717.61. The motel voucher program of the
Homeless Housing Project provides 90% of the motel vouchers in the North County. Mr. Main
feels that the voucher program is only an interim solution, however, it is the only program
available and funding is needed. The County is not going to recommend any more CDBG funds
for the Homeless Housing Project, which will take away a large portion of their funding for the
motel voucher program. Mr. Main stated that the ultimate solution is a shelter supported by all
communities in the North County.
Ray Belgans, 7460 Ensinal, President of the National Alliance for the Mentally Ill of San Luis
Obispo, stated that most of the homeless are mentally ill. She asked this community to address
the medical problems of the people on the street, especially those of the mentally ill, in addition
to providing shelters. Additionally, as a member of the San Luis Obispo Supportive Housing
Consortium, she stated that they are supporting the Women's Shelter remodel and encourage the
Council to continue supporting it as well.
Eileen Allan, North County Women's Shelter and Resource Center, thanked staff for their
recommendation of approval of their request. She announced the Resource Center has recently
opened a shelter in Paso Robles.
Anita Hoag, EOC Head Start, asked the Council to approve staff s recommendation to fund their
request.
Joan O'Keefe, 9985 Old Morro Road East, stated she is surprised by the change in staffs
recommendation concerning the homeless issue. She urged the Council to focus their support on
one primary provider of services for the homeless.
Dwayne Homm, 10175 San Guerremo, representative of ECHO, stated that he feels all the
homeless organizations should work together. He thanked the Council for their support.
Mora Hue, EOC Health Services,thanked the Council for their support.
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Mayor Arrambide closed Public Comment.
MOTION: By Council Member Scalise and seconded by Council Member Clay to
accept the revised recommendation as presented by staff(Attachment
B).
Motion passed 5:0 by a roll-call vote.
2. Proposed Amendments to Atascadero Municipal Code — Relating to the Regulation and
Location of Adult Oriented Businesses
■ Fiscal Impact: None
■ City Attorney recommendation: Council introduce for first reading by title only, the
draft Ordinance adding Title 9 Chapter 16 to the Atascadero Municipal Code
pertaining to zoning regulations applicable to adult oriented businesses and
amending in full Title 5, Chapter 10 of the Atascadero Municipal Code relating to the
regulation of adult oriented businesses. [City Attorney]
City Attorney Roy Hanley gave the report to Council. He explained the limitations of the
existing ordinance and the advantages of the proposed ordinance. On page 10 of the ordinance
there is an amendment, which returns to the 1996 position on the hearing procedure as follows:
The City Manager, upon the application, to set the matter for hearing by the Planning
Commission within a reasonable time. The regular time frames of Atascadero's Municipal Code
and the State law would apply after that. In order to get an extension, the applicant would have
to show that they have made a substantial investment, that the structure cannot be readily
converted to another use, that the investment was made prior to the effective date of the
ordinance (1996 ordinance), that the applicant is unable to recoup the investment and that the
applicant has made good faith efforts to recoup the investment. Mr. Hanley asked that the
Council have the Planning Commission hear any application first with an appeal directly to the
City Council.
PUBLIC COMMENT
John Bradley, 4475 San Jacinto, stated that it is poor law that allows this type of business in any
city. He expressed concern that when the adult bookstore moves, it could move close to his
house.
Regina Foster, stated she recently heard they sell drugs in the adult bookstore and feels that this
should be investigated and proved if possible.
Mayor Arrambide closed Public Comment.
Council Member Johnson stated a weak ordinance or one that is thrown out, will allow such
businesses to locate anywhere in the City. For this reason it is important to have as bullet proof
an ordinance as possible.
Mayor Arrambide stated a concern that the rezoning could be subject to change in the future.
Regarding public notification, Mayor Arrambide indicated that it is sometimes difficult to notify
everyone, however notices are posted at City Hall, in the Library and in the newspaper.
Council Member Clay commended Mr. Hanley on his efforts. He has concerns that if the area
zoned for adult businesses is too small, the entire ordinance could be thrown out.
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Mayor Pro Tem Scalise said that she concurs with Council Member Johnson. She stressed that
cooperation and communication is important and with good faith efforts on all sides this issue
can be moved forward in a timely and lawful way.
Council Member Luna pointed out that the Supreme Court is the arbiter of how laws will be
interpreted, and it is the City's responsibility to work within these laws and interpretations. This
is a tough issue and he feels it is prudent to follow the advice of the City Attorney.
MOTION: By Council Member Johnson and seconded by Council Member Luna
to introduce, for first reading by title only, the draft ordinance adding
Title 9, Chapter 16.
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Solid Waste, Green Waste and Recycle Collection
■ Fiscal Impact: None
■ Staff recommendation: Council receive this report by Atascadero Waste Alternatives.
[Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of Council.
PUBLIC COMMENT
Doug Shafer, 8085 Curbaril, suggested having a drop-off site for green waste.
Mayor Arrambide closed Public Comment.
MOTION: By Council Member Luna and seconded by Council Member Johnson
to receive the report by Atascadero Waste Alternatives.
Motion passed 5:0 by a voice vote.
2. Information Bulletin
E. COMMITTEE REPORTS:
Mayor Arrambide
S.L.O. Council of Governments(SLOCOG)/S.L.O. Regional Transit Authority(SLORTA):
SLORTA hired a new director at their last meeting.
Mayor Pro Tem Scalise
Atascadero State Hospital: Mayor Pro Tem Scalise participated in a tour of the hospital.
Council Member Luna
Integrated Waste Management Authority (IWMA): meets tomorrow.
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Council Member Johnson
Economic Vitality Corporation, Board of Directors (EVC): Council Member Johnson shared his
recent visit to Japan through the EVC.
Local Agency Formation Commissions (LAFCO): LAFCO is going through the process of
becoming an independent agency funded by Counties, Cities, and special districts.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
Council Member Johnson commended Mr. Hanley on his report.
G. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 9:12 p.m. to the next regular session on March 27,
2001, at 7:00 p.m.
MEETING RECORDED AND MINUTES PREPARED BY:
))!!� n qAky, --)-f?
Marcia McClure Torgerson, City Clerk
Attachment A—Prepared statement of Joan O'Keefe
Attachment B—2001 Community Development Block Grant Recommendations
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Attachment: A
Atascadero City C.ounci
March 13., 2001
Mayor and C. C Members 3-13-01
As you all well know there are many violations of our city sign ordinance. Some
are more egregious than others. Bonnema Brewery is one the more flagrant abusers.
Mr. Bonnema has been treated very well by the city. He is the recipient of a
$70,000 low interest loan from the city's revolving CDBG loan fund. The loan was for
two years and was renewed for an additional two years when he was unable to repay the
amount.
Mr. Bonnema received further help from the city when he was not required to put
his utility lines underground. All other new developments have to underground their
utilities.
Mr. Bonnema did not have to pay his development fees until after his building
was finaled. All other builders have to pay their fees upfront. To my knowledge he
never had to pay any interest to the city for carrying these development fees for him.
From the day Mr. Bonnema opened his doors he has flaunted the sign ordinance.
For over a year he had a sandwich sign in front of his building advertising outdoor Bar-B-
Q. After he received the okay from the health department allowing him to cook in doors
I complained to code enforcement. It took about two months and the well weathered sign
was removed.
From that point on Mr. Bonnema has repeatedly put up a number of banner signs.
I have made numerous complaints. Staff has to contact him numerous times before he
complies. My last complaint was filed 1-26-01 regarding three banner signs, plastered on
the front of his building. The signs had already been up over a month before I
complained. Staff has contacted him and they are still up.
Our sign ordinance is very clear about banner signs. They are for a temporary
event such as a grand opening, a new service etc. One sign per public street frontage.
The sign may be in place for a maximum of 20 days and may not be up more than once
every 60 days.
Further Mr. Bonnema has a permanent neon sign, Brewery and Steak House that
was never approved by city staff. All permanent signs require prior approval by city
staff.
Granted Mr. Bonnema is not the only business to violate the banner sign
ordinance but he has as I've said been more flagrant and persistent. He has also been the
beneficiary of more city benefits. Drive up and down ECR and Morro Rd and there are
dozens of banner signs. Kragen has had a banner sign on their back wall facing Hwy 101
for months and they've refused to take it down. Mansard roofs are a favorite place for
banner sign.
009
I am not here to complain about staff. It takes a lot of their time that could be put
to better use. These businesses are breaking the law, they are disrespectful of the cites
attempts to provide an atmosphere conducive to all business. It's clear that there are no
teeth in the ordinance and there is no incentive to remove the signs. On the rare occasion
when they do come down they're back up.
Another temporary sign violation is the long term use of sandwich signs. One of
the Business Beautiful Awards from the Chamber went to a business that has had a
sandwich sign up for over a year. Across the street a similar business has had faded
sandwich sign out for years. I would urge the Chamber to become informed of our cities
ordinances and not give award where a business is in violation of city laws.
ECR and Morro Rd have been identified as important community image
corridors. Signs are a part of that image. Signs can enhance the image or signs can
degrade the image. The proliferation of banner signs and sandwich is degrading that
image.
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